365 Rubber Surfacing, LLC – Services Agreement

This Services Agreement (“Agreement”) is entered into by and between 365 Rubber Surfacing, LLC (“365 Rubber Surfacing”) and (“Customer”). 365 Rubber Surfacing and Customer are referred to herein individually as a “Party” and collectively as the “Parties.” This Agreement shall be effective as of the date it is fully executed by all Parties hereto (“Effective Date”).

WHEREAS, 365 Rubber Surfacing provides rubber surfacing installation services;
WHEREAS, Customer desires to engage 365 Rubber Surfacing for such services;
NOW, THEREFORE, in consideration of the mutual covenants, terms, and conditions set forth herein, the Parties agree as follows:

1. Scope of Work

365 Rubber Surfacing agrees to provide Customer with the services described in the attached Quote (“Work”) at the specified project address (“Property”).

2. Payment Terms

Customer agrees to pay the full amount listed in the Quote (“Total Price”) for the completed Work.

3. Customer Representations

Customer represents and warrants that:

• (a) Customer owns or has legal authority over the Property and all items impacted by the Work.
• (b) Customer authorizes the use of land required for access, equipment operation, and construction.
• (c) Customer has identified and clearly marked all underground systems (sprinklers, cables, septic lines, etc.).
• (d) Customer has disclosed all such systems to 365 Rubber Surfacing.
• (e) Customer is responsible for obtaining any required permits.

These representations shall survive the completion or termination of this Agreement.

4. Warranty Disclaimer for Driveways

Customer acknowledges that rubber surfacing installed on driveways is not covered under any warranty due to potential damage from vehicular use (e.g., tire marks, cracking, indentations). Customer assumes full responsibility for maintenance and any resulting damage due to vehicle traffic.

5. Limited Warranties

(a) Workmanship Warranty (2 Years)

365 Rubber Surfacing guarantees workmanship will be free from installation defects for 24 months from the installation date. If a workmanship issue is suspected, Customer must notify 365 Rubber Surfacing in writing. A Project Manager will inspect the area and, if deemed valid, necessary repairs will be made at no cost. This warranty does not apply to driveway installations (see Section 4).

(b) Product Warranty (10 Years – Limited)

365 Rubber Surfacing offers a limited 10-year product warranty, covering only the following issues:

• Discoloration of rubber surface (beyond normal fading due to UV exposure).
• Crumbling or breakdown of rubber materials under standard use.
• Pulling away rubber surfacing from the properly prepared sub-base.

To be eligible for a product warranty claim:

• The discoloring, crumbling, or pulling away must be reported in writing to 365 Rubber Surfacing within 10 years from the date of installation.
• The affected area must not have been subjected to misuse, harsh chemicals, pressure washing (above 4000 PSI), fire, vandalism, or abnormal conditions (e.g., shifting substrate, flooding, or movement due to soil issues).
• The surface must have been maintained properly and not altered or repaired by any unauthorized party.
• This warranty is non-transferable. It only applies to the original owner.
• A formal inspection will be conducted by a 365 Rubber Surfacing Project Manager, whose determination will be final.

This warranty excludes all other issues, including but not limited to:

• General wear and tear
• Staining or mold growth
• Changes in texture
• Aesthetic fading from sun/weather exposure
• Cracks or failures caused by subsurface movement

Customer agrees this warranty is the exclusive remedy for product-related issues and waives all other implied warranties, including merchantability or fitness for a particular purpose.

6. Limitation of Liability

• (a) 365 Rubber Surfacing shall not be liable for indirect, incidental, or consequential damages.
• (b) 365 Rubber Surfacing’s Total liability shall not exceed the amount paid for the Work.
• (c) These limitations shall survive the termination of this Services Agreement.

7. Miscellaneous

• (a) Entire Agreement: This Services Agreement constitutes the full understanding between the Parties, supersedes all prior discussions, and the Parties acknowledge and agree that they are not relying on any representations, promises, or statements made, at any time, other than as expressly contained in this Services Agreement.
• (b) Modifications: Only written, signed amendments are valid.
• (c) Governing Law/Venue: This Services Agreement and any claim or dispute arising out of or related to this Services Agreement, or the transactions contemplated hereby, whether in contract, tort or otherwise, shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflicts of law principles and venue shall lie exclusively in Dallas County, Texas.

 

• (d) Counterparts: This Agreement may be signed in counterparts and delivered electronically.