The Fenix CDM – Service Agreement & Limited Two-Year Warranty

Owner Responsibilities & Cooperation

The Owner agrees not to interfere with, delay, or obstruct the progress of the work performed under this agreement. All questions or concerns related to the performance of The Fenix CDM (“Contractor”) must be directed exclusively to the Contractor’s project manager or supervisor.
The Owner agrees not to discuss work-related concerns with subcontractors, laborers, or material suppliers hired by the Contractor.

Right to Terminate for Cause

The Owner may terminate this agreement only for cause, under the following conditions:

1. The Contractor repeatedly fails to provide properly skilled labor or suitable materials.

2. The Contractor repeatedly disregards applicable laws, codes, or regulations.

3. The Contractor commits a substantial breach of its contractual obligations.

To terminate for cause:

• The Owner must provide the Contractor with seven (7) days’ written notice, explaining the breach.

• The Owner must allow the Contractor a reasonable opportunity to correct the issue.

If the Contractor does not cure the breach within that period:

• The Owner may take possession of the work area and any materials owned by the Contractor present on-site.

• The Owner may complete the remaining work using any reasonable method of their choice.

• The Owner will compensate the Contractor for all completed work and any reasonable costs resulting from the termination, including subcontractor or material cancellation fees.

Limited Two-Year Warranty

The Fenix CDM provides a Limited Two-Year Warranty on qualifying painting services.

For 24 months from the project’s completion date, The Fenix CDM will repair peeling, blistering, or chipping paintthat is determined to be caused by defective workmanship.

Interior Painting – Covered

• Peeling, bubbling, or blistering paint on interior walls, ceilings, or trim

• Chipping caused by improper surface preparation

• Adhesion failure due to incorrect application

• Touch-up repairs on seams or edges where paint did not properly bond

• Correcting inconsistent finish caused by workmanship (e.g., roller marks, poor coverage)

Exterior Painting – Covered

• Peeling or blistering caused by improper preparation

• Failure of topcoat resulting from incorrect application techniques

• Touch-up repairs where coverage was uneven

• Spot repairs in areas where primer or paint was not properly applied

• Isolated adhesion failures that result from workmanship (not weather or substrate issues)

Trim, Doors & Cabinets – Covered

• Paint separation or peeling caused by improper cleaning or sanding prior to painting

• Bubbling or lack of adhesion caused by incorrect primer use

• Chipping caused by insufficient drying or curing time

Additional Covered Workmanship Issues

• Areas where painter’s tape left excessive tearing due to improper timing

• Streaking or finish issues created by incorrect brushing or rolling

• Over-spray corrections caused by workmanship

• Minor caulking cracks where the Contractor failed to apply or prepare caulk correctly

What This Limited Warranty Does NOT Cover

• Work where The Fenix CDM did not supply the paint or materials

• Work not performed by The Fenix CDM

• Varnished, stained, or lacquered finishes

• Metal surfaces unless specifically included in writing

• Cost of paint required for warranty repairs

• Horizontal or moisture-collecting surfaces (decks, railings, steps, porches, etc.)

• Exact color matching due to aging, sun exposure, or natural fading

• Repairs involving wood filler or cosmetic patching previously agreed upon

• Any failure caused by paint product defects

• Pre-existing paint layers failing beneath new coatings

• Damage or failure caused by moisture, humidity, water intrusion, leaks, or mold

• Cracks in drywall, plaster, or wood caused by structural shifting or settling

• Surface contamination (oils, chemicals, cleaning agents, smoke, etc.)

• Damage from harsh weather, storms, fire, or other acts of nature

• Scratches, dents, impact damage, or abrasions caused by the Owner or others

• Wood rot or substrate failure not included in the contract

• Any issue resulting from owner neglect, misuse, or lack of maintenance

Warranty Repair Procedure

Warranty repairs will be completed only on the affected areas and only to the level of preparation outlined in the original contract.

Work is scheduled in the order claims are received, with most repairs completed within 30 days of approval.

To submit a claim, the Owner must:

• Provide proof of the original agreement

• Provide evidence of full payment

• Allow reasonable access to the property for inspection and repairs

Limitations

This Limited Warranty is the sole warranty provided by The Fenix CDM and replaces all other warranties, expressed or implied.
The Contractor is not liable for incidental or consequential damages and cannot be held responsible for damages exceeding the original contract price.

No representative of The Fenix CDM may modify this warranty unless all parties sign a written amendment.