Warranty
Paint: Lifetime Limited Warranty
Your Geabn paint is covered by a Lifetime Limited Warranty, subject to the terms and conditions set forth herein. This limited warranty gives you specific legal rights, and you may also have other rights which vary by state.
A. Products Covered by this Limited Lifetime Warranty
This limited warranty extends to the following paint and primer manufactured by Geabn Paint, INC. (“Geabn”) and purchased directly from Geabn Paint (the “Paint”):
– Geabn Wall Paint – Perfect Eggshell;
– Geabn Wall Paint – Skin Eggshell;
– Geabn Ceiling Paint – Snow White; and
– Geabn Super Primer
B. Who this Limited Lifetime Warranty Extends To
This limited warranty extends to the original purchaser of any Paint. The “original purchaser,” for the purposes of this warranty, is the first purchaser of the Paint from Geabn Paint who owns or rents their home and who applies (or who has a painting contractor apply) the Paint to their home. All references to “you” or “your” herein refer only to original purchasers. Geabn Paint limited warranties are not transferable. All Geabn Paint warranties, including any implied warranties, are valid only for the period of time the original purchaser of the Paint owns or rents their home. A copy of your purchase receipt is required to determine warranty applicability.
C. Geabn Paint’s Limited Lifetime Warranty and Responsibilities
Geabn Paint warrants the Paint in its original packaging sold to you against the Defects (as defined in Section D below), for so long as you reside in your home, if the Paint is used normally in accordance with the label instructions.
D. What this Lifetime Lifetime Limited Warranty Covers
THIS LIFETIME LIMITED WARRANTY APPLIES SOLELY TO THE FOLLOWING DEFECTS:
– Cracking, chipping, blistering, or peeling from properly prepared surfaces; and
– Wearing down to expose the underlying surface of properly prepared surfaces (collectively, the “Defects”).
E. What this Lifetime Limited Warranty Excludes
THIS LIFETIME LIMITED WARRANTY DOES NOT COVER:
– Normal color fading, gloss loss, or chalking caused by exposure to sunlight, wind, or water;
– Abrasion or burnishing due to scrubbing, traffic, or other wear and tear;
– Cracking, chipping, blistering, or peeling caused by structural expansion and contraction, settling, or other movement of building components, by excessive heat exposure, or by water intrusion;
– Film degradation or discoloration due to mold or mildew; or
– Damages resulting from improper surface preparation or coating application, extraordinary or catastrophic events, or failure to perform recommended maintenance. Recommended maintenance of painted surfaces includes frequent periodic inspection (at least once every six months), cleaning to remove dirt on exterior surfaces, and touch-up or repair as needed in order to maintain the integrity of painted surfaces over time.
F. Your Sole and Exclusive Remedy and Geabn Paint’s Sole and Exclusive Liability
In the event of a Defect, Geabn Paint’s sole and exclusive liability is to you in accordance with the terms hereof, and your sole and exclusive remedy under this limited warranty is, at Geabn Paint’s option, to provide replacement Paint for the defective Paint or a refund of the purchase price for the defective Paint, provided that you shall not be entitled to any remedy hereunder unless you have fulfilled all of your obligations in Section G, “Your Responsibilities,” set forth below. Any replacement or refund by Geabn Paint shall constitute a full settlement and release of all claims of the original purchaser for damages or other relief, and shall be a complete bar to any litigation filed subsequently to the original purchaser’s acceptance of such remedy.
G. Your Responsibilities
In the event of a Defect and in order to get the benefit of this limited warranty, (i) you must provide Geabn Paint with proof of the original date of purchase in the form of a copy of your purchase receipt, and (ii) as expressly set forth in Section C, “Geabn Paint’s Limited Warranty and Responsibilities,” you must have used the Paint in accordance with the label instructions, including but not limited to:
– Proper prep such that walls are clean, dry, and free from any dust, oil, mildew, wax, and other substances, any loose or peeling paint is sanded or scraped, any cracks, holes, or imperfections are repaired, and glossy surfaces are dulled with fine grit sandpaper to ensure proper adhesion;
– Sufficient dry time and wait time between coats; and
– Use of two coats of paint and use of a multi-purpose primer if you’re painting over a higher gloss finish or a darker color.
Evidence of a Defect and any claims, and proof of your original date of purchase, must be mailed to Geabn Paint at the address set forth in Section K, “Warrantor Address,” of this limited warranty at your sole cost and expense.
H. DISCLAIMER, LIMITATION ON LIABILITY, EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES
To the extent permissible by applicable law, the paint is provided “as is” and this warranty constitutes your exclusive warranty from Geabn Paint for the paint. To the fullest extent permitted by law, Geabn Paint disclaims all other warranties, express or implied, including any implied warranties of merchantability or fitness for a particular purpose. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation May not apply to you. Some states do not allow the exclusion of implied warranties, so the above exclusions May not apply to you. No other warranty will be made by or on behalf of Geabn Paint or by operation of law or by usage of trade or course of dealing with respect to the product or its installation, storage, handling, maintenance, use, replacement or repair. This warranty gives you specific legal rights, and you May also have other rights that vary from state to state.
To the maximum extent permitted by applicable law and except as set forth in this limited warranty, in no event will Geabn Paint or its suppliers be liable for procurement of substitute products or other special, incidental, consequential or indirect damages arising out of or related to the paint or its use, misuse, or inability to use by you or any third party, or from defects in the paint, whether under theory of contract, tort (including negligence), indemnity, product liability or otherwise. This limitation will apply even if Geabn Paint has been advised of such damages and notwithstanding the failure of essential purpose of any limited remedy. Geabn Paint’s total liability in connection with the paint will not exceed the purchase price paid by you for the paint giving rise to such liability.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions May not apply to you.
I. Modifications and Alterations of Product
Geabn Paint shall have no responsibility hereunder for defective Paint subjected to further processing, modification or other alteration after shipment.
J. Arbitration
– In the event a dispute arises between you and Geabn Paint arising out of this limited warranty (“Dispute”), such Dispute will be determined and settled solely by binding, individual arbitration and not in a class, representative or consolidated action or proceeding. You and Geabn Paint agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this limited warranty, and that you and Geabn Paint are each waiving the right to a trial by jury or to participate in a class action.
– As limited exceptions to Subsection 1 of Section J above: (i) you may seek to resolve a Dispute in small claims court if it qualifies; and (ii) we each retain the right to seek injunctive or other equitable relief from a court to prevent (or enjoin) the infringement or misappropriation of our intellectual property rights.
– The arbitration will be conducted by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this limited warranty. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879. A party who wishes to start arbitration must submit a written Demand for Arbitration to AAA and give notice to the other party as specified in the AAA Rules. The AAA provides a form Demand for Arbitration at www.adr.org. If your claim is for U.S. $10,000 or less, you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic or video-conference hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds U.S. $10,000, the right to a hearing will be determined by the AAA Rules. Any arbitration hearings will take place in the county (or parish) where you live unless we both agree to a different location. The parties agree that the arbitrator shall have exclusive authority to decide all issues relating to the interpretation, applicability, enforceability and scope of this arbitration agreement.
– Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. We’ll pay for all filing, administration and arbitrator fees and expenses if your Dispute is for less than $10,000, unless the arbitrator finds your Dispute frivolous or that the Dispute was filed for purposes of harassment. If we prevail in arbitration we’ll pay all of our attorneys’ fees and costs and won’t seek to recover them from you. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law.
– You and Geabn Paint agree that each May bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. Further, if the parties’ Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this Arbitration section shall be null and void.
– With the exception of any of the provisions in Subsection 5 of this Section J of this limited warranty (“Class Action Waiver”), if an arbitrator or court of competent jurisdiction decides that any part of this limited warranty is invalid or unenforceable, the other parts of limited warranty will still apply.
– You must seek arbitration for disputes arising out of this limited warranty prior to exercising any rights or seeking any remedies created by Title I of the Magnuson Moss Warranty Act.
K. Governing Law and Forum Choice
This limited warranty and any action related hereto will be governed by the Federal Arbitration Act, federal arbitration law, and the laws of the Colorado, without regard to its conflict of laws provisions. Except as otherwise expressly set forth in Section J, “Arbitration,” the exclusive jurisdiction for all Disputes that you and Geabn Paint are not required to arbitrate will be the state and federal courts located in the Colorado, and you and Geabn Paint each waive any objection to jurisdiction and venue in such courts.
L. Warrantor Address
Geabn Paint, INC. 891 14th St Unit 2003 Denver CO 80202 team@geabn.com