Lifetime Limited Warranty on Microbial Remediation

Every microbial remediation service performed by EnviroTech Enterprises, LLC comes with a transferrable, life-time limited warranty, unless otherwise specified in the environmental agreement. EnviroTech Enterprises, LLC warrants to the listed owner that, for a life-time of the treated surface with an approved encapsulant, from the date that the product is applied, the clean, visible surface of the dry film of encapsulant will remain free of mold growth under normal building operating conditions, and when applied in strict accordance with all surface preparation and application instructions as outlined in the official product data sheet.

EnviroTech Enterprises, LLC agrees that all materials used shall be of good quality and that all work will be done in good workmanlike manner, and that it will remedy any defect in the workmanship of which it receives notice, without additional cost to the owners. The owners agree, however, that with respect to all accessories purchased by EnviroTech Enterprises, LLC for installation such as ventilators, dehumidifiers, heaters, light fixtures, plumbing fixtures, flooring, rugs, tiles, etc. that they shall look solely to the manufacturer’s warranty, if any, and not to EnviroTech Enterprises, LLC. The parties hereto further agree that EnviroTech Enterprises LLC warranty shall not be available to the owners unless the entire amount of the contract, together with any extras, shall have been paid by the owners in full.

Terms & Conditions

The warranty described below, expressed or implied, is including but not limited to the implied warranties of salability and fitness for a particular purpose. Owner or Owner’s Contractor shall determine the suitability of the encapsulant use, and assume any and all risks and liabilities which may arise in connection with the application of the encapsulant. This warranty is extended only to the Owner, and does not apply to any damages caused by any of the following conditions:

  • Hurricane, flood, fire, tornado, earthquake, wind, lighting, or any other act of nature or uncontrollable force;
  • The failure to properly apply the encapsulant to a clean, dry and sound surface, free of all foreign matter that could prevent proper adhesion, and dry at the time of application;
  • The failure to apply the encapsulant during non-freezing temperatures;
  • The failure to apply the product in strict accordance with the Product Data Sheet written preparation and application instructions and guidelines;
  • The failure to maintain the dry film after application, ensuring the surface and surrounding environment remains clean and dry;
  • Water damage from pipe and/or drain breaks and leaks, roof leaks, window leaks, door leaks, siding damage or defect, flooding, ice damming, ambient relative humidity, or any other source of moisture intrusion due to building defect or design;
  • Building settling, and breaches or breaks in the dry film caused thereby;
  • Abuse, damage, penetration or alteration to the treated surfaces by physical or chemical means including covering or coating over the dry film;
  • Existing mold growth, including growth on or in building materials;
  • Mold growth developing behind the dry film, including growth in building materials;
  • Mold growth on dirt, debris and/or other accumulated matter on the surface of the dry film;
  • Mold growth in cracks, voids, breaks and gaps in the dry film;
  • Mold growth in cracks, voids, joint seams, or other gaps in the substrate to which the product is applied;
  • Mold growth on any surfaces other than the visible surface of the dry film;
  • Any other conditions beyond EnviroTech Enterprises, LLC control;

EnviroTech Enterprises, LLC sole and only liability under this warranty shall be, at its option, either to replace the product and its labor if proved defective or refund the purchase price paid. This warranty does not cover the cost of labor to repair any damage caused by a defect or product failure, or cost of labor to apply replacement product. EnviroTech Enterprises, LLC shall not be held liable for any incidental damages, health related damages, or for any consequential damages to property, or any losses of revenue which may have been caused by a defect or product failure. The owner must notify (EnviroTech Enterprises, LLC – P.O. Box 29 – Victor, NY 14564 – 800.724.2102) within ten (10) days to advise of any suspected manufacturing defects in the encapsulant product covered by this limited warranty. Owner will allow EnviroTech Enterprises, LLC reasonable opportunity to investigate any alleged defect. Detailed application information and batch numbers for the encapsulant used on the individual project are required for EnviroTech Enterprises, LLC to investigate satisfaction any claim made.

This limited warranty supersedes any and all other warranties, expressed or implied. EnviroTech Enterprises, LLC expressly disclaims any and all other warranties including warranties of merchantability and fitness for a particular purpose, even if EnviroTech Enterprises, LLC suggests its’ use for that particular purpose. The owner or owner’s contractor is solely responsible for determining the suitability of use for a particular purpose, and assumes any and all risk and liability regarding such suitability. EnviroTech Enterprises, LLC will under no circumstances be held liable for any indirect or consequential damages, including but not limited to damages to property, personal injury, lost profits, or any other damages, arising out of the sale or use of the approved encapsulant or improper sale or use of the improved encapsulant, regardless of legal theory claimed, whether in tort or otherwise. This warranty gives the owner specific legal rights and possible additional rights which may vary from state to state.

This warranty can not be changed other than by an officer of EnviroTech Enterprises, LLC. Transferability of this warranty must be made within thirty (30) days of ownership transfer of the property listed on the warranty. The owner must notify (EnviroTech Enterprises, LLC – P.O. Box 29 – Victor, NY 14564 – 800.724.2102), at that time, EnviroTech Enterprises, LLC will issue a new, official warranty with the transferred owner information listed. Failure to perform any listed features of this warranty will void all serviceability of this warranty. All Terms and Conditions on our agreement supersede all warranties and remain applicable above and beyond this warranty.