Ace Hardware Painting Services

Limited Warranty

At Ace Hardware Painting Services (“APS”), we are committed to providing high-quality painting services that exceed our customers’ expectations. Our professional painting services come with a warranty to ensure the durability and satisfaction of the work performed. This warranty covers both interior and exterior painting projects, subject to the terms and conditions outlined below.

1. Scope of Warranty Coverage

This warranty applies to all painting work completed by APS, including:

  • Interior Painting: Walls, ceilings, trim, doors, and other interior surfaces painted by our team.
  • Exterior Painting: Walls, siding, trim, doors, windows, and other exterior surfaces painted by our team.

2. Warranty Period

  • Cabinet Painting: Our warranty covers cabinet painting for a period of one (1) year from the date of APS’ Certificate of Completion.
  • Interior Painting: Our warranty covers interior painting for a period of two (2) years from the date of APS’ Certificate of Completion.
  • Exterior Painting: Our warranty covers exterior painting for a period of three (3) years from the date of APS’ Certificate of Completion.

3. Warranty Conditions

This warranty is subject to the following conditions:

  • Proper Surface Preparation: The warranty applies only to surfaces that were prepared by APS before painting. This includes cleaning, sanding, priming, and addressing any issues such as cracks, peeling, or mold/mildew before painting.
  • Normal Wear and Tear: The warranty covers defects in workmanship. It does not cover damages due to normal wear and tear, misuse, accidents, or external factors such as extreme weather or physical damage.
  • Appropriate Use and Maintenance: The warranty is contingent upon the homeowner following proper care instructions and maintenance guidelines. Any failure to maintain the painted surfaces may void the warranty.
  • Moisture Issues: Excessive moisture or water damage (e.g., from leaks, plumbing issues, or severe weather) may invalidate the warranty.
  • Materials: In the event that any paint supplied by APS is found to be defective, APS will assist its customer in making a warranty claim with the manufacturer, subject to the terms and conditions of the manufacturer’s warranty. Exact paint or paint sheen and/or color match as environmental conditions will affect the color and finish of all paints over time, and manufacturers may also make product formulation changes over time that impact sheen and/or color match.

4. Warranty Work Performed

The repairs in this limited warranty will include:

  • Prep the failed area to the level stated in your contract.
  • Repair peeling, chipping, and blistering paint ONLY in the area of failure.
  • Repair failed painted areas at no labor, overhead, or materials cost to customer.

5. Exclusions from Warranty

This warranty does not cover the following:

  • Pre-existing conditions: Issues related to the surface conditions prior to the painting, including but not limited to structural issues, water leaks, or other pre-existing damage. Varnished surfaces. Surfaces made of, or containing, galvanized metal. Brush marks, roller texture, fading, chalking, bleed-through from knots, rust stains or tannin bleed. Cracks, nail pops, or imperfections in siding or trim. Cracks in drywall, plaster or wood.
  • Horizontal surfaces: Repairs to horizontal surfaces or any surface that, by virtue of its design permits moisture to collect. Surfaces include, but are not limited to, decks, railings, stairs, porches, roofs, and wood gutters.
  • Environmental factors: Damage caused by natural disasters, severe weather (e.g., hail, floods, etc.), or extreme temperature fluctuations.
  • Improper Maintenance: Failure to properly care for painted surfaces, including neglecting cleaning and maintenance, may void the warranty.
  • Third-party interference: Any damage caused by third-party actions, such as home renovations, pest infestations, or physical damage not caused by APS. Any work which was not performed by APS, or where the customer performed any part of the labor. · Materials: Any work where APS did not supply the paint or other materials. Any repairs which are necessitated because of a defect in the paint regardless of whether the paint was supplied by APS or the customer. If APS supplied defective paint, APS will assist its customer in making a warranty claim with the manufacturer, subject to the terms and conditions of the manufacturer’s warranty.
  • Peeling, blistering or chipping where caused by:
    • mill-glazing from smooth cedar.
    • ordinary wear and tear.
    • abnormal use or misuse.
    • peeling of layers of paint existing prior to the work performed by APS.
    • structural defects.
    • settling or movement.
    • moisture content of the substrate.
    • abrasion, mechanical damage, abrasive cleaning, abuse, or damage resulting from use of chemicals or cleaning agents or exposure to harmful solids, liquids or gases.

6. Warranty Claims Process

If you believe there is an issue covered by this warranty, please contact the independently owned APS franchisee who performed your project as soon as the issue is known. If the APS franchisee is unavailable, please contact the main office at: (855) PAINT80 (855-724-6880). We will require the following information:

  • A description of the issue.
  • Photographic evidence of the issue.
  • The original invoice or proof of service.

Upon receipt of your claim, a company representative will inspect the affected area and determine whether the issue falls under warranty coverage. If the warranty is applicable, we will arrange for the necessary repairs or touch-ups at no additional cost to you. You must make the property accessible to APS to inspect the property and perform any warranty work.

Please note that exterior claims may be made year-round, but repairs may be delayed due to unfavorable weather conditions as determined by APS.

7. Limitations of Liability

This warranty is the exclusive remedy for any defect in the painting work.

8. Transferability

This warranty is not transferable and applies only to the original property owner at the time of completion. However, if you sell your home within the warranty period, APS may, at its discretion, offer a one-time transfer of warranty coverage to the new homeowner. This transfer must be requested within thirty (30) days of the sale and is subject to a review of the condition of the work.

9. Legal Rights and Disputes

THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. APS AND THE INDEPENDENTLY OWNED FRANCHISES RESERVE THE RIGHT TO LIMIT THIS WARRANTY IN THE EVENT OF SUSPECTED FRAUD OR ABUSE, AS DETERMINED BY THEM. EXCEPT AS OTHERWISE PROVIDED OR WHERE PROHIBITED BY LAW, APS AND THE INDEPENDENTLY OWNED FRANCHISES PROVIDE NO FURTHER WARRANTY AS TO THE SERVICES, AND ALL THIRD PARTY MANUFACTURED MATERIALS OR GOODS PROVIDED OR INSTALLED IN CONNECTION WITH THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APS AND THE INDEPENDENTLY OWNED FRANCHISES MAKE NO REPRESENTATIONS AND EXPRESSLY DISCLAIM THE ABOVE WARRANTIES INCLUDING ANY AS TO THE RELIABILITY, QUALITY, OR PERFORMANCE OF ANY THIRD-PARTY MANUFACTURED MATERIALS OR GOODS PROVIDED OR INSTALLED IN CONNECTION WITH THE SERVICES.

EXCEPT WHERE PROHIBITED: (A) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS LIMITED WARRANTY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION OR OTHER LITIGATION, AND EXCLUSIVELY BY FINAL AND BINDING ARBITRATION PURSUANT TO THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION, THEN EFFECTIVE, AND HELD AT THE AAA REGIONAL OFFICE NEAREST YOUR LEGAL RESIDENCE; (B) THE FEDERAL ARBITRATION ACT SHALL GOVERN THE INTERPRETATION, ENFORCEMENT AND ALL PROCEEDINGS AT SUCH ARBITRATION; AND (C) JUDGMENT UPON SUCH ARBITRATION AWARD MAY BE ENTERED IN ANY COURT HAVING JURISDICTION AND (D) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH THIS LIMITED WARRANTY BUT IN NO EVENT ATTORNEY'S FEES, HOWEVER, IN NO EVENT SHALL THE LIABILITY OF THE INDEPENDENTLY OWNED FRANCHISEES OR APS EXCEED OUT OF POCKET EXPENSES PAID BY CUSTOMER TO THE APPLICABLE FRANCHISEE FOR THE DEFECTIVE WORK; AND (E) UNDER NO CIRCUMSTANCES WILL THE FRANCHISEES OR APS BE LIABLE FOR PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES, OTHER THAN FOR THE ACTUAL OUT-OF-POCKET COSTS MENTIONED ABOVE. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE TERMS, OR THE RIGHTS AND OBLIGATIONS OF YOU AND APS AND THE INDEPENDENTLY OWNED FRANCHISES IN CONNECTION WITH THIS LIMITED WARRANTY, SHALL BE GOVERNED BY, AND CONSTRUED IN ACCORDANCE WITH, THE SUBSTANTIVE LAWS OF THE STATE OF ILLINOIS.

APS AND THE INDEPENDENTLY OWNED FRANCHISES DO NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS LIMITED WARRANTY OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.

SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.