Palma Stucco and Plaster warrants to the owner,____________ , of the building described
below, subject to the terms, conditions, and limitations stated herein, as follows (“Warranty”).
That the synthetic finish system will not lose its bond from approved substrates including sheathing, peel,
flake, or chip; that the finish will be fade-resistant so long as surface integrity is maintained; and the
System will not deform as a result of normal weather conditions. This warranty does not cover defects or
damage caused by sealant failure or water penetration due to leaks through windows or any other items
installed in the System which are not part of the System (e.g. air conditioning units, louvers, or vents) or as
a result of construction or installation of other items in or on the System which are not part of the System.
The System includes the materials for the building described below:
(a) Journeyman Swirl Ultra Coarse,
(b) One Coat Stucco,
(c) Standard Reinforcing Mesh and T-2000 for trim details.
The following is specifically omitted from warranty: Backer rod, sealant, moisture barrier, metal lath,
flashings, fasteners and all materials supplied by others.
The foregoing Warranty shall continue for a period of Five (5) years commencing from the date of final
inspection of the System as shown below, provided that the Owner gives Palma Stucco and Plaster written
notice of any defects in the System within thirty (30) days from the discovery of such defects (“Warranty
Period”). This warranty shall be automatically transferred to the next owners, should the below listed
owners sell the building.
The forgoing Warranty does not cover defects or damage caused by:
(i) structural or design defects;
(ii) misuse, vandalism, civil disobedience, acts of war;
(iii) any condition caused by any negligence or accidents in maintaining the system;
(iv) acts of God, including lightning, hurricanes, tornadoes, earthquakes, fumes, flood, chemical fumes or
foreign substances in the atmosphere or by other unusual natural occurrences. The obligations contained
herein do not cover any material used on the System, which was not supplied by Palma Stucco and Plaster
unless specifically identified below.
Palma Stucco and Plaster’s obligations hereunder shall be limited to the replacement of the applicable
component of the System, or, at the option of the Manufacturer, the reimbursement of the original
purchase price for the defective component of the System.
Any claim of defect in material in the System must be made in writing to the Manufacturer as set forth
below within the Warranty Period. This Warranty will not cover damage resulting from the application,
repair or subsequent work on the building to which the System has been applied without written approval
from Palma Stucco and Plaster of the methods and materials to be used and the party who will apply those
materials.
During the term of the Warranty, Palma Stucco and Plaster, its agents, employees and assigns shall have
free access to inspect the System during business hours.
Upon completion of the installation of the System, Palma Stucco and Plaster or their representatives, shall
inspect the installation to ascertain of the System is installed in accordance with the proper specifications
and details provided by the Manufacturer.
This warranty shall become effective only upon approval of the installation and when all bills for the
components of the System and for application of the System have been paid in full.
This Warranty shall become null and void if, in the sole judgment of Palma Stucco and Plaster, any of the
following events shall occur:
(i) if after installation of the System, there are any alterations or repairs made to the building that affects
any component of the System in any way;
(ii) failure by the Owner or any of Owner’s tenants to use reasonable care in maintaining the System; or
(iii) Owner fails to comply with every term or condition stated herein.
Palma Stucco and Plaster’s failure at any time to enforce any of the terms or conditions stated herein shall
not be constructed to be a waiver of such provision.
This Warranty shall apply onto the original Building Owner and one automatic transfer to a subsequent
owner as set forth herein, and any assignment of any rights hereunder by the Building Owner without
express written consent of Palma Stucco and Plaster shall be null and void. In the event that a majority of
the authorized or issued capital stock of the Building Owner shall have been sold or otherwise transferred or
disposed of the new holder of the stock shall not be deemed to be the original Building Owner. This
Warranty shall not cover or apply to: Mold and Water Intrusion.
THIS WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY IMPLIED WARRANTY OR
MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR OTHER WARRANTY OR QUALITY,
WHETHER EXPRESS OR IMPLIED. TOTAL WALL, INC. SHALL NOT BE LIABLE FOR ANY
CIRCUMSTANCES FOR ANY INDIRECT OR CONSEQUENTIAL DAMAGES TO ANY PARTY
WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE
BUILDING OR ITS CONTENTS.
Palma Stucco and Plaster’s sole responsibility under this warranty shall be, at the option of and
Manufacturer of supplied products to repair or replace the product or refund the price of materials charged
by the Manufacturer.
This is Owner’s purchases and applicators sole remedy hereunder. Palma Stucco and Plaster shall have no
further obligation or liability of any kind, and it is further agreed and understood that the price stated for the
System is consideration for the limitation of Palma Stucco and Plaster’s liability hereunder. The sales
personnel of Palma Stucco and Plaster are not authorized to make warranties about the merchandise or
services described in this contract.
Employees of Palma Stucco and Plaster cannot provide any binding ORAL STATEMENTS OF WARRANTIES
AND SHALL NOT BE RELIED UPON BY BUILDING OWNER OR THIRD PARTY, AND ARE NOT PART OF THE
CONTRACT SALE. THE ENTIRE CONTRACT IS EMBODIED IN THIS WRITING AND NO OTHER WARRANTIES
ARE GIVEN BEYOND THOSE SET FORTH IN THIS WRITTEN CONTRACT.
This writing constitutes the final expression of the parties’ agreement, and it is a complete and exclusive
statement of the terms of this agreement.
Palma Stucco and Plaster, www.palmastucco.com, 479.799.3398
By: ________________
Representative of Palma Stucco and Plaster
Date: ______________
Building Location:
Building Owner:
Date Installation Completed:
Final Inspection By:
Date Inspected:
Applicator:
General Contractor:
Square Footage: square feet (approx.)
System Installed:
END OF WARRANTY PAGE 2 OF 2 PAGES