Limited Warranty

When you hire Green Restoration, you get a written, limited workmanship warranty backed by IICRC-certified standards and EPA-registered products. We stand behind the quality of our work, within the boundaries of what we agreed to do, the standards we agreed to follow, and the conditions you agree to maintain after we leave. Here is the short summary; the full terms control:

• Water Damage Restoration, 2-Year Limited Workmanship Warranty. Workmanship of the structural drying we performed, conditioned on you fixing the underlying water source and maintaining indoor humidity below 60% RH. Materials warranted one year. Not a warranty against new water events.
• Mold Remediation, 1-Year Limited Workmanship Warranty. Workmanship in the specific areas we remediated per IICRC S520 (2024), conditioned on the moisture source being permanently corrected. Mold cannot grow without moisture. If moisture returns, the warranty does not.
• Antimicrobial Application, 2-Year Limited Application Warranty. Proper application of Benefect / Concrobium to the surfaces treated. Not a warranty that microbial growth will not return; conditioned on no new moisture events and no recontamination.
• Fire & Smoke Restoration, 2-Year Limited Workmanship Warranty. Workmanship two years, materials one year. Not a warranty against odor return through systems or contents not in the agreed scope (e.g., HVAC, insulation, untreated contents).
• Air Duct Cleaning, 30-Day Limited Workmanship Guarantee. Cleaning performed to NADCA standards. Not a warranty of indoor air quality, allergen levels, HVAC performance, or odor.
• Asbestos Abatement, Clearance Re-Clean Guarantee. If post-abatement air clearance fails, we re-clean at no additional cost until clearance is achieved. No warranty beyond clearance.
• Reconstruction & Build-Back, 1-Year Limited Workmanship Warranty. Standard one-year construction workmanship; manufacturer warranties on installed products pass through unchanged.

The summary above is for convenience. The full terms in Sections 2 through 30 control any claim. Anything appearing only in this summary and not in the full terms is not warranted.

By signing the work authorization (whether in ink, by electronic signature under the federal E-SIGN Act, 15 U.S.C. § 7001 et seq., the Connecticut Uniform Electronic Transactions Act, Conn. Gen. Stat. § 1-266 et seq., New York’s Electronic Signatures and Records Act, N.Y. State Tech. Law § 301 et seq., or M.G.L. c. 110G), accepting services, allowing the Company onto the property, or paying any invoice, the customer expressly accepts every term of this Warranty in full and waives any right to assert that the Warranty is unconscionable, ambiguous, or unenforceable. Acceptance is irrevocable.

Restoration, remediation, abatement, and reconstruction services involve inherent risks, including but not limited to the possibility of latent defects, hidden conditions, unanticipated contamination, and outcomes that depend on factors outside the Company’s control (moisture, environment, occupant behavior, building age, hidden materials, third-party systems, weather, and acts of third parties). The customer expressly acknowledges and assumes all such risks. The customer further acknowledges that no employee, technician, estimator, dispatcher, or representative has made any representation, promise, guarantee, or projection of outcome that is not expressly written in this Warranty or the work authorization, and the customer has not relied on any such oral or extrinsic statement.

2.1 Customer Representations

The customer represents and warrants that:

• The customer is at least 18 years of age and has full legal authority to bind the property and themselves to this Warranty.
• The customer is the lawful owner of the property, or is a tenant, occupant, agent, executor, trustee, property manager, or insurance representative with express written authority from the lawful owner to authorize all work described in the work authorization.
• The customer has read the work authorization and this Warranty in full and has had a reasonable opportunity to consult counsel before signing.
• The customer has truthfully and completely disclosed all known material facts about the property, including (but not limited to) prior damage, prior repairs, prior leaks, prior microbial events, prior insurance claims, prior remediation, building-code violations, and any known asbestos, lead-based paint, or other hazardous materials.
• The customer has not relied on any oral, extrinsic, or marketing representation of any kind in deciding to engage the Company; the work authorization and this Warranty are the sole basis of the agreement.
• The customer has independently verified that the proposed scope is suitable for the customer’s purposes and has not relied on the Company for site-specific suitability advice beyond the written scope.
• The customer accepts these terms freely, voluntarily, and without duress, after a reasonable opportunity to review and ask questions.

Each of these representations is a material inducement for the Company to perform the services and to issue this Warranty at the agreed price. Any material misrepresentation voids this Warranty in its entirety.

3.1 Workmanship Only

This Warranty covers the quality of the work the Company performed under the written work authorization, measured against the applicable industry standard cited for that service (e.g., ANSI/IICRC S500 for water; ANSI/IICRC S520 for mold; ANSI/IICRC S700 for fire and smoke; NADCA ACR for ducts; EPA NESHAP for asbestos). It does not cover outcomes, environmental conditions, or any condition that depends on factors outside the Company’s direct control. The Company makes no promises of performance beyond compliance with these recognized industry standards as in effect at the time of services.

3.2 Scope Is Limited to the Written Work Authorization

Coverage is strictly limited to the materials, areas, components, and tasks specifically identified in the written work authorization signed by the customer. Anything not described in writing in that document is not warranted, regardless of any verbal representation or assumption.

3.3 Definition of Substantial Completion

For purposes of this Warranty, “substantial completion” occurs on the earliest of (a) the date the Company notifies the customer in writing that the work is sufficiently complete for the customer to occupy or utilize the work for its intended purpose, (b) the date the customer occupies, uses, or takes possession of the affected area, or (c) the date the customer signs a certificate of completion, walk-through approval, or final invoice. This definition tracks the construction-industry standard reflected in AIA Document A201 and applicable case law, and is binding regardless of any later assertion that minor punch-list items remained.

3.4 Sole Remedy

For any covered defect, the Company’s sole obligation, and your sole and exclusive remedy, is repair, re-performance, or replacement of the defective workmanship, at the Company’s reasonable discretion. The Company does not provide cash refunds, diminution-in-value payments, replacement of contents, relocation costs, or compensation for inconvenience, except as required by non-waivable applicable law.

3.5 Conditional, Not Absolute

This Warranty is expressly conditional. It applies only if the conditions precedent in Section 4, the customer obligations in Section 15, and the service-specific conditions in the relevant addendum are all satisfied. Any breach of any such condition voids the Warranty as to the affected service.

3.6 What This Warranty Is Not

• Not a warranty of indoor air quality, microbial counts, allergen levels, or air contaminants.
• Not a warranty of habitability, occupancy safety, or fitness for any particular use.
• Not a warranty against future moisture events, water intrusions, leaks, condensation, flooding, or storm damage.
• Not a warranty against future mold, mildew, bacteria, or microbial growth, regardless of cause.
• Not a warranty that odors, residues, or stains will not return through systems or surfaces not specifically treated under the work authorization.
• Not a warranty against any health condition, illness, sensitivity, allergic reaction, or exposure-related claim.
• Not a warranty of property value, insurance recovery, or financial outcome of any kind.
• Not a warranty that the property is free of lead-based paint, asbestos, radon, polychlorinated biphenyls (PCBs), per- and polyfluoroalkyl substances (PFAS), or any other environmental hazard outside the agreed scope.

The Customer must satisfy each of the following as a condition precedent to any coverage under this Warranty. These are not optional. Failure to meet any one of them voids the Warranty as to the affected service:

• Source repair. The customer must permanently identify, repair, and eliminate the underlying source of the damage (water leak, pipe failure, condensation source, fire hazard, drainage problem, etc.) within the timeframe stated in the work authorization, using qualified licensed professionals where required.
• Indoor environmental control. For any service involving moisture or microbial work, the customer must maintain indoor relative humidity below 60% RH at all times following substantial completion, provide adequate ventilation, and address any condensation, plumbing, or roofing defect that develops.
• No alteration. The customer must not alter, modify, repair, paint over, cover, dismantle, or interfere with the warranted work or any installed materials.
• Full payment. The customer must pay the full invoice in accordance with the agreed payment terms. Any unpaid balance suspends warranty rights to the extent permitted by applicable law, and warranty rights vest only upon payment in full.
• Prompt written notice. The customer must give the Company written notice of any alleged defect within thirty (30) days of discovery and in no event later than the expiration of the applicable warranty period. Late notice voids the claim.
• Reasonable access. The customer must provide reasonable access for the Company to inspect the alleged defect and to perform any covered repair before any third party performs corrective work.
• Evidence preservation. The customer must preserve the site, the alleged defect, and any related materials, debris, or evidence in their then-existing condition during the cure period and during any pending dispute, and must not perform, cause, or permit any alteration, repair, or disposal that would interfere with the Company’s ability to inspect or document the alleged defect. Spoliation of evidence by the customer voids the claim.
• No third-party work. No third party may perform corrective work on the warranted scope without the Company’s prior written consent. Unauthorized third-party work voids the Warranty for the affected scope.
• Truthful representations. The customer must have truthfully and completely disclosed all known pre-existing conditions, prior damage, prior repairs, prior leaks, prior microbial events, and prior insurance claims at the property. Material misrepresentation voids the Warranty.
• Insurance maintenance. The customer shall maintain appropriate property insurance covering the building and contents at full replacement cost throughout the warranty period and shall promptly notify the Company in writing of any change in coverage or carrier. Failure to maintain insurance does not extend the Company’s liability beyond the limits in Section 25.

Workmanship: 2 years · Materials: 1 year · Standard: ANSI/IICRC S500 (current edition).

Scope: structural drying, moisture extraction, controlled demolition of unsalvageable materials, and dehumidification, limited strictly to the areas and components identified in the written work authorization.

5.1 Coverage Conditions

Coverage is expressly conditioned upon the customer (a) permanently repairing the water intrusion source within the period stated in the work authorization; (b) maintaining indoor RH below 60% at all times after substantial completion; and (c) refraining from any alteration of the dried structure or materials.

5.2 Specific Exclusions

• Any new water event, leak, intrusion, condensation, flood, sewage backup, or moisture source occurring after substantial completion.
• Latent moisture trapped in inaccessible cavities not reasonably discoverable through professional moisture-mapping protocols at the time of services.
• Damage caused by the customer’s failure or delay in repairing the underlying source.
• Pre-existing damage, deterioration, contamination, saturation, decay, or compromise of materials, finishes, contents, or structural components.
• Mold, mildew, bacteria, or microbial growth of any kind. Mold is excluded from this warranty regardless of cause and is governed exclusively by Section 6 (Mold Remediation), and only if separately contracted.
• Sewage backups or Category 3 (“black water”) contamination beyond the scope explicitly contracted in writing.
• Cosmetic variations, color matching, dye-lot mismatch, paint blending, texture matching, or aesthetic outcomes inherent in restoration.
• Damage to contents, personal property, electronics, documents, photographs, or items of sentimental, historical, or extraordinary value, regardless of disclosure.

Workmanship: 1 year (limited) · Standard: ANSI/IICRC S520, 4th Edition (2024).

Scope: workmanship of remediation strictly within the areas defined in the written scope of work and described in the post-remediation verification (PRV) report, performed in accordance with IICRC S520. The Company’s sole performance obligation is to achieve a passing PRV consistent with industry-recognized standards (no visible growth and spore counts in remediated areas comparable to outdoor reference samples).

Mold cannot grow without moisture. This warranty is void in its entirety as to any area where the underlying moisture source is not permanently identified and corrected by the customer or by qualified licensed professionals retained by the customer. Recurrence of microbial growth following any new moisture event, condensation, leak, plumbing failure, roof failure, drainage failure, humidity exceeding 60% RH, or third-party intervention is excluded.

6.1 Coverage Conditions

Coverage is expressly conditioned upon the customer (a) permanently correcting the moisture source within thirty (30) days of substantial completion; (b) maintaining indoor RH below 60% at all times; (c) providing adequate ventilation and HVAC operation; (d) not painting over, covering, or altering remediated surfaces during the warranty period; and (e) obtaining any required post-remediation assessment from an independent licensed mold assessor where required by applicable law (see Section 28.2 for New York requirements).

6.2 Specific Exclusions

• Recurrence of microbial growth, regardless of cause, in any area outside the remediated scope defined in the PRV report.
• Recurrence of microbial growth in remediated areas if any moisture event, leak, condensation, plumbing failure, roof failure, drainage failure, or humidity excursion above 60% RH has occurred.
• Mold spores, hyphae, or microbial fragments in air or on surfaces outside the remediated areas.
• Hidden mold in cavities, behind finishes, in HVAC components, in attics, in crawl spaces, or in any area not part of the agreed scope.
• Mycotoxins, allergens, microbial volatile organic compounds (mVOCs), endotoxins, or any specific microbial species or count.
• Indoor air quality of any kind, including allergen levels, particle counts, and biological loading.
• Any health-related claim of any kind (see Section 22, Health Claims Disclaimer).
• Failure to meet any unilaterally-specified clearance criterion not agreed in writing in advance of services.

Workmanship: 2 years · Materials: 1 year · Standard: ANSI/IICRC S700 (Professional Fire and Smoke Damage Restoration).

Scope: soot and smoke residue removal, deodorization, surface cleaning, and controlled demolition where required, limited strictly to the areas and components in the written work authorization.

7.1 Specific Exclusions

• Odor return through systems not in scope. If HVAC ductwork, attic insulation, wall cavities, soft contents, or any other component is not specifically included in the work authorization, the Company is not liable for residual or returning odors emanating from those uncleaned components.
• Re-soiling caused by occupant smoking, cooking, candles, fireplaces, or use of the property after substantial completion.
• Discoloration, staining, etching, or chemical changes in materials that the Company has reasonably warned cannot be fully restored (e.g., certain plastics, plated metals, oxidized surfaces, porous stone).
• Permanent staining of porous materials beyond what reasonable cleaning can remove.
• Items of historical, artistic, sentimental, or extraordinary value, regardless of disclosure.
• Indoor air quality, particulate counts, or any environmental measurement.
• Health-related claims of any kind.

Workmanship: 30 days· Standard: NADCA ACR (Assessment, Cleaning & Restoration).

Scope: HVAC system cleaning per the NADCA-defined process for the components listed in the work authorization. Antimicrobial application, if contracted, is governed by Section 9 below.

8.1 Specific Exclusions

• Indoor air quality, allergen counts, particulate measurements, dust accumulation, or biological loading of any kind.
• HVAC performance, efficiency, energy use, or temperature regulation.
• HVAC equipment failure, leaks, capacitor failure, blower motor failure, refrigerant loss, or any mechanical issue.
• Re-soiling from normal HVAC operation, occupant activity, pets, cooking, or external contamination.
• Pre-existing damage to ductwork, coils, blowers, or any HVAC component.
• Odors from sources outside the duct system (cooking, pets, building materials, occupant activity).
• Allergic reactions, respiratory complaints, or any health-related claim.

Application warranty: 2 years · Standard: EPA-registered application per product label (Benefect EPA Reg. 084683-3).

Scope: application of EPA-registered botanical antimicrobial to surfaces specifically identified in the work authorization. Benefect and Concrobium are botanical, plant-based, EPA-registered products.

This warranty covers the proper application of antimicrobial product per its EPA label. It is not a warranty that microbial growth will not return, regardless of moisture, regardless of duration. Microbial growth requires moisture; if any new moisture event, condensation, or recontamination occurs, recurrence is excluded.

9.1 Specific Exclusions

• Any microbial growth resulting from any new moisture event, water intrusion, leak, condensation, flood, or humidity event after application.
• Surface contamination introduced after application by the customer, occupants, pets, cleaning crews, contractors, or any third party.
• Any health-related claim, allergic reaction, sensitivity, or exposure-related condition.
• Surfaces not specifically treated under the work authorization.
• Indoor air quality, microbial spore counts, allergen levels, or any environmental measurement.

Coverage: passing post-abatement clearance air sampling · Standards: EPA NESHAP (40 CFR Part 61 Subpart M); OSHA 29 CFR 1926.1101; applicable state regulations.

Scope: removal or abatement of asbestos-containing materials specifically identified in the abatement plan.

10.1 Sole Warranty

The Company’s sole warranty obligation is that, upon completion, post-abatement clearance air sampling will meet applicable regulatory thresholds (typically aggressive PCM < 0.01 f/cc where required). Customer’s sole and exclusive remedy for failed clearance is re-cleaning until clearance is achieved at no additional cost. There is no other warranty.

10.2 Specific Exclusions

• Future asbestos contamination from any material NOT removed under the abatement plan, including encapsulated materials left in place per the agreed scope, materials in adjacent areas, and materials discovered after substantial completion.
• Health claims of any kind, including but not limited to mesothelioma, asbestosis, lung cancer, or any exposure-related condition.
• Sampling results from samples taken more than thirty (30) days after substantial completion.
• Third-party laboratory results conducted without the Company’s chain-of-custody compliance.
• Any environmental, regulatory, or insurance outcome.

Workmanship: 1 year · Materials: pass-through manufacturer warranties only · Standard: applicable building code and manufacturer specifications.

Scope: repairs and reconstruction described in the work authorization. Manufacturer warranties on installed products (windows, flooring, roofing, fixtures, appliances, etc.) are passed through to the customer unchanged and are subject solely to the manufacturer’s terms; the Company makes no independent warranty of any installed product.

11.1 Specific Exclusions

• Settling cracks, hairline drywall cracks, normal shrinkage, expansion or contraction movement.
• Cosmetic variations, dye-lot mismatch, paint blending limitations, grain matching, or aesthetic outcomes.
• Customer-supplied materials, customer-selected contractors, and customer-directed deviations from industry best practice.
• Modifications, additions, or alterations made after substantial completion by anyone other than the Company.
• Items installed by the Company but warranted by the manufacturer; the customer’s recourse for such items is to the manufacturer.
• Damage from acts of God, natural disasters, water events, fire, or any peril outside the Company’s control.

Workmanship: 30 days· Standards: OSHA Bloodborne Pathogens Standard (29 CFR 1910.1030); ABRA / IICRC S540 (Trauma & Crime Scene Cleanup).

Scope: decontamination, disinfection, and disposal of biohazardous materials per the agreed scope of work.

12.1 Specific Exclusions

• Any health-related claim, exposure, infection, or sensitivity.
• Property damage caused by the underlying biohazard event itself; only the cleanup workmanship is warranted.
• Items, materials, or contents disposed of as biohazardous waste.
• Re-contamination from new events.
• Odor return, residual staining, or incomplete restoration of porous materials beyond reasonable industry capability.
• Indoor air quality or microbial measurements of any kind.

12.2 Sensitive-Information Confidentiality

The Company will treat information obtained at a biohazard or trauma scene with reasonable confidentiality and use such information only for purposes of performing the services, training, quality assurance, regulatory compliance, and defense of any claim. The Company is not a covered entity under HIPAA (45 CFR Parts 160 and 164), but the Company applies analogous handling standards to medical, decedent, and personally identifying information encountered on-site. The customer authorizes the Company to share information with insurers, law enforcement, public-health authorities, and the Company’s counsel as the Company reasonably deems necessary.

The following exclusions apply to all warranties under this document, in addition to the service-specific exclusions above:

• Acts of God, natural disasters, fires, floods, earthquakes, severe storms, hurricanes, wind events, war, terrorism, civil unrest, pandemics, epidemics, public-health emergencies, government orders, embargoes, supply-chain disruptions, utility failures, or any event outside the Company’s reasonable control.
• Damage, defect, recurrence, or condition caused or contributed to by the customer, occupants, pets, contractors, vendors, or any third party after substantial completion.
• Pre-existing conditions, defects, deterioration, prior damage, prior leaks, prior microbial events, or prior repairs, whether disclosed or undisclosed.
• Latent or hidden conditions not reasonably discoverable using professional protocols at the time of services.
• Any work performed by anyone other than the Company or its authorized subcontractors.
• Failure of any condition precedent in Section 4 or any customer obligation in Section 15.
• Cosmetic variations inherent in restoration work, including color matching, texture matching, dye-lot variation, and material aging.
• Normal wear and tear, ordinary aging, and routine maintenance items.
• Indoor air quality, allergen levels, microbial counts, particulate measurements, or any environmental measurement of any kind.
• Property value, marketability, insurance recovery, or any economic outcome.
• Consequential, incidental, special, exemplary, or punitive damages of any kind, to the maximum extent permitted by applicable law.
• Damage to or loss of contents, personal property, business records, electronics, photographs, art, jewelry, currency, collectibles, or items of sentimental or extraordinary value, regardless of disclosure.
• Acts or omissions of any independent licensed professional retained by the customer (plumber, electrician, roofer, mold assessor, environmental consultant, engineer, architect), even where such professional was recommended by the Company.

14.1 Concealed and Differing Site Conditions

Restoration work routinely uncovers concealed physical conditions that materially differ from those visible at the time of estimate (e.g., hidden water damage, structural decay, inadequate prior workmanship, undocumented modifications, hazardous materials, vermin, code violations, or conditions of an unusual nature not ordinarily encountered). Consistent with the differing-site-conditions allocation reflected in AIA Document A201 § 3.7.4 and customary construction practice, the Company shall promptly notify the customer of any such concealed condition discovered during the work. Any change in scope, schedule, or price required to address a concealed condition is the customer’s responsibility and must be addressed by a written, signed change order at the Company’s then-current rates. The Company is not liable for any consequence of customer’s refusal to authorize necessary additional work.

14.2 Latent Defects

Latent defects in the property, including but not limited to defective design, defective construction by prior contractors, hidden moisture, hidden microbial growth, hidden pest damage, undocumented building-envelope failures, and substandard materials, are excluded from this Warranty. The Company’s pre-work inspection is limited to commercially reasonable visual and instrument-based protocols. The customer is responsible for any independent latent-defect investigation the customer deems prudent.

14.3 Lead-Based Paint & Renovation, Repair and Painting Regulation

For target housing built before 1978, the Company complies with the EPA Renovation, Repair and Painting regulation (40 CFR Part 745, Subpart E) and provides the EPA pamphlet “Renovate Right” where required. The Company does not represent that the property is free of lead-based paint, that any post-work test will show absence of lead, or that any occupant is free of lead-exposure risk. The Company’s sole regulatory obligation under 40 CFR Part 745 is compliance with applicable lead-safe work practices for the scope contracted; any lead-related testing, abatement, or risk assessment is a separate service that must be separately contracted with a state-certified lead inspector or risk assessor and is not included in this Warranty.

14.4 Other Hazardous Materials

Unless expressly contracted in writing, this Warranty does not address radon, polychlorinated biphenyls (PCBs), per- and polyfluoroalkyl substances (PFAS), formaldehyde, volatile organic compounds (VOCs), pesticides, methamphetamine residues, or other regulated substances. Any such investigation or remediation is a separate engagement.

The customer must perform each of the following. These are continuing obligations and any failure voids this Warranty as to the affected service:

• Repair the source. Permanently repair the underlying source of damage (water intrusion, leak, condensation, fire hazard, drainage problem, structural defect) within the period stated in the work authorization, using qualified licensed professionals where required.
• Maintain humidity below 60% RH. Maintain indoor relative humidity below sixty percent (60%) at all times. Use dehumidification, HVAC, and ventilation as needed. Failure to maintain humidity voids the warranty for any moisture or microbial work.
• Provide ventilation. Ensure adequate ventilation in bathrooms, kitchens, basements, attics, and crawl spaces.
• Address new moisture immediately. Promptly address and document any new water event, leak, condensation, plumbing failure, or roof failure that develops, and notify the Company in writing.
• Do not alter the work. Do not alter, paint over, cover, dismantle, or interfere with the warranted work or any installed materials.
• Allow inspection. Provide the Company reasonable access to inspect any alleged defect during normal business hours before any third party performs corrective work, and during the warranty period upon reasonable advance notice.
• Give written notice within 30 days. Give the Company written notice of any alleged defect within thirty (30) days of discovery and in any event no later than the expiration of the applicable warranty period.
• Pay invoices in full. Pay all invoices in accordance with agreed terms.
• Disclose pre-existing conditions truthfully. Disclose all known pre-existing conditions, prior damage, prior repairs, and prior microbial or moisture events at the property.
• Cooperate with insurance. Cooperate fully with the customer’s insurer and the Company in documenting and pursuing any insurance claim, provide complete and accurate information to the insurer, and authorize reasonable communication between the Company and the insurer regarding the work performed.
• Notify the Company of address changes. Provide the Company current contact information and notify the Company of any change of address or contact during the warranty period; notice sent to the last address on file is effective.
• Preserve evidence. Preserve the site, the alleged defect, and any related materials in their then-existing condition during the cure period and any pending dispute, including by photographing and documenting the condition immediately upon discovery and refraining from disposal or alteration.

15.1 Duty to Mitigate Damages

Consistent with the duty to mitigate recognized in Connecticut, New York, and Massachusetts, the customer shall take all reasonable steps to mitigate any actual or alleged damages, including (without limitation) operating dehumidification and HVAC equipment, drying or extracting standing water, securing the property against further intrusion, protecting contents, retaining receipts and documentation, and notifying the Company promptly. Failure to mitigate is a complete or partial defense to any claim. Any damages that the customer could have avoided by reasonable mitigation are excluded from any recovery.

This Warranty is void as to the affected service, automatically and without further notice, upon the occurrence of any of the following:

• Any breach by the customer of any condition precedent in Section 4 or any customer obligation in Section 15.
• Indoor relative humidity exceeding 60% RH at any time during the warranty period for any moisture or microbial work.
• Any new water event, leak, plumbing failure, roof failure, drainage failure, or moisture intrusion after substantial completion.
• Failure to permanently repair the underlying source of the original damage.
• Any alteration, modification, or repair of the warranted work by anyone other than the Company.
• Any unauthorized third-party corrective work on the warranted scope.
• Material misrepresentation or concealment of pre-existing conditions, prior damage, prior repairs, or prior insurance claims.
• Late notice of an alleged defect (notice given more than 30 days after discovery, or after the warranty period expires).
• Non-payment or material default on any invoice.
• Use of the property in any manner inconsistent with its intended residential or commercial use as represented at the time of contracting.
• Spoliation, destruction, alteration, or disposal of the alleged defect or related evidence by the customer or the customer’s agents.
• Customer’s failure to mitigate damages as required by Section 15.1.

17.1 Notify the Company in Writing

Contact the Green Restoration franchise location that performed your services. Contact information is on your invoice and work authorization. You may also call (833) 800-0474 to be routed to the issuing franchise location. Notice must be in writing and must be given within thirty (30) days of discovery of the alleged defect.

17.2 Required Information

• Job number, date of service, and property address.
• A clear written description of the alleged defect.
• Photographs or video, if reasonably obtainable.
• Documentation of compliance with the conditions precedent in Section 4 and the customer obligations in Section 15.
• Any third-party reports, insurance reports, or assessments that bear on the claim.
• Confirmation that the alleged defect, the site condition, and any related materials have been preserved.

17.3 Inspection & Resolution

The Company will schedule an inspection within a reasonable time. The customer must not perform or permit any third party to perform corrective work on the warranted scope before the Company has had a reasonable opportunity to inspect and respond. Any unauthorized corrective work voids the claim and the Warranty for the affected scope.

Before commencing any lawsuit, arbitration, mediation, regulatory complaint, online review, social-media post, or other formal action against the Company or Green Restoration Franchise LLC, the customer must (a) deliver a written demand letter by certified mail describing the alleged defect in detail and (b) provide the Company a continuous sixty (60) day right-to-cure period during which the Company may inspect, investigate, and cure the defect. Compliance with this Section is a condition precedent to any claim. Any claim or action commenced without strict compliance is barred and shall be dismissed.

During the sixty-day cure period the customer must provide reasonable access, refrain from third-party corrective work, preserve evidence, and cooperate in good faith with the Company’s investigation. If the Company offers to repair, re-perform, or replace the defective work within the cure period, that offer constitutes the customer’s sole and exclusive remedy and the customer may not refuse it and proceed to litigation. The cure period tolls any otherwise-applicable limitation period only to the minimum extent required by non-waivable law.

For any covered defect, the Company’s sole obligation, and the customer’s sole and exclusive remedy, is repair, re-performance, or replacement of the defective workmanship, at the Company’s reasonable discretion. The Company does not provide cash refunds, credits, diminution-in-value payments, replacement of contents, relocation costs, alternative housing, lost rent, lost income, or compensation for inconvenience, except where required by non-waivable applicable law.

19.1 Final Acceptance

Unless the customer delivers written objection to the Company within fifteen (15) days after substantial completion specifically identifying any defect or incomplete item, the customer is deemed to have inspected and finally accepted the work as conforming to the work authorization and to applicable industry standards. After final acceptance, the customer’s sole rights are limited to the express limited warranties in this document; all other claims arising from the work are waived to the maximum extent permitted by applicable law.

19.2 Equitable Relief

The customer waives any right to seek specific performance, injunctive relief, or other equitable relief against the Company or Green Restoration Franchise LLC, except for (a) injunctive relief expressly preserved by non-waivable applicable law, (b) any non-waivable right to seek public injunctive relief, and (c) the Company’s and Franchisor’s right to seek injunctive relief to enforce the confidentiality, non-disparagement (where lawful), arbitration, class-waiver, and intellectual-property provisions of this Warranty.

Upon substantial completion and the customer’s payment of the invoice, the customer fully and forever releases, acquits, and discharges the Company, Green Restoration Franchise LLC, and each of their respective owners, members, managers, officers, directors, employees, agents, technicians, subcontractors, vendors, insurers, and successors from any and all claims, demands, actions, causes of action, suits, liabilities, damages, and costs of every kind and nature, whether known or unknown, suspected or unsuspected, arising out of or related to the services, except for (a) claims expressly preserved by this Warranty for defects timely noticed under Sections 15 and 17, and (b) any non-waivable rights under applicable consumer-protection law.

The customer waives any and all rights of subrogation against the Company and Green Restoration Franchise LLC, and the customer shall require the customer’s insurers to waive subrogation rights against the Company and Green Restoration Franchise LLC. No insurer of the customer may bring any claim, demand, or action against the Company or Green Restoration Franchise LLC in the customer’s name or by way of subrogation.

The customer is responsible for procuring, maintaining, and ensuring the adequacy of any property, casualty, contents, business interruption, or other insurance covering the property and its contents. The Company makes no representation regarding the customer’s insurance coverage and is not liable for any uncovered loss.

21.1 Insurance Cooperation

The customer shall promptly notify any applicable insurer of the loss and the engagement of the Company, shall cooperate fully with that insurer’s investigation, and shall not enter into any settlement, release, or assignment with any insurer that purports to release, prejudice, or compromise the Company’s rights without the Company’s prior written consent. The customer assigns to the Company, to the extent of unpaid invoices, the proceeds of any insurance recovery payable on account of the work, and authorizes the insurer to pay such proceeds directly to the Company.

Green Restoration does not provide medical advice. The Company makes no representations or warranties regarding the health effects of mold, water damage, fire damage, smoke residues, asbestos, biohazards, antimicrobial products, cleaning chemicals, or any environmental condition.

Health-related claims of any kind are excluded from this Warranty, including but not limited to allergic reactions, asthma, respiratory illness, infection, exposure-related conditions, sensitivity to cleaning products, mesothelioma, asbestosis, mycotoxin-related complaints, and any condition alleged to result from indoor air quality. Anyone with health concerns must consult a qualified licensed healthcare professional. The customer assumes all risk associated with any health-related condition.

To the maximum extent permitted by applicable law, the customer waives and releases the Company and Green Restoration Franchise LLC from any claim for emotional distress, mental anguish, loss of enjoyment of life, inconvenience, or non-economic damages of any kind arising from the services or the property, except where such waiver is prohibited by non-waivable applicable law.

23.1 Documentation Rights

The Company may photograph, video-record, moisture-map, thermally image, sample, and otherwise document the property and the work before, during, and after performance for purposes of (a) quality assurance, (b) regulatory and standards compliance (IICRC, NADCA, EPA, OSHA, state licensing), (c) insurance documentation, (d) training, (e) defense of any actual or potential claim, and (f) marketing and portfolio use, subject to reasonable redaction of personal identifying information. The customer grants the Company a perpetual, irrevocable, royalty-free, worldwide license to use such documentation for the purposes described above.

23.2 Confidentiality of Disputes

The parties shall keep confidential the existence, content, and outcome of any pre-suit demand, mediation, arbitration, or settlement, except (a) as required by law, regulatory authority, court order, or insurer; (b) as needed to enforce the resolution; or (c) as needed to defend against a claim. This confidentiality obligation does not restrict the customer from filing a complaint with any regulatory or licensing authority or from communicating truthfully with such an authority.

23.3 Truthful Communications

Nothing in this Warranty prohibits a customer from filing a complaint with a regulatory or licensing authority or from communicating truthfully about their experience. The Company reserves all rights under applicable law regarding false, misleading, or defamatory statements.

This Warranty extends solely to the original customer who signed the work authorization. It is not transferable to subsequent owners, tenants, lessees, occupants, contractors, real estate agents, buyers, sellers, lenders, insurers, or any third party. There are no third-party beneficiaries of this Warranty, express or implied. No assignment of this Warranty is permitted without the Company’s prior written consent, which may be withheld in the Company’s sole discretion.

24.1 No Agency, Partnership, Joint Venture, or Joint Employment

The Company is an independent contractor. Nothing in this Warranty or the work authorization creates any agency, partnership, joint venture, franchisor-co-owner relationship between the customer and the Company, employment relationship, joint-employer relationship, or fiduciary relationship between the customer on the one hand and the Company, Green Restoration Franchise LLC, any subcontractor, any technician, or any other personnel on the other. The customer is not the employer (joint or otherwise) of any technician, subcontractor, or worker performing the services, and the customer disclaims any obligation under wage-and-hour, workers’ compensation, payroll-tax, unemployment, or similar laws with respect to such personnel.

To the maximum extent permitted by applicable law, the total aggregate liability of the Company, Green Restoration Franchise LLC, and each of their respective owners, members, managers, officers, directors, employees, agents, technicians, subcontractors, vendors, insurers, and successors, arising out of or relating to this Warranty, the work authorization, the services, the property, or any defect, alleged defect, recurrence, condition, or outcome, under any legal theory whatsoever (contract, tort, ordinary negligence, statute, warranty, fraud, misrepresentation, or any other), shall not exceed the lesser of (a) the amount the customer actually paid the Company for the specific service line item that gave rise to the claim, or (b) one thousand dollars ($1,000.00). This cap applies regardless of whether the Company has been advised of the possibility of greater damages and regardless of whether any limited remedy is deemed to fail of its essential purpose.

Mutual waiver of consequential damages: To the maximum extent permitted by applicable law, neither party shall be liable to the other for any indirect, incidental, special, consequential, exemplary, multiple, or punitive damages, including but not limited to lost profits, lost rent, loss of use, business interruption, loss of goodwill, diminution in property value, stigma damages, relocation costs, alternative housing, replacement or restoration of contents, mold or microbial recurrence, indoor air quality claims, allergic or sensitivity reactions, emotional distress, mental anguish, or any health-related damage. This mutual waiver tracks AIA Document A201 § 15.1.7 and is intended to be reciprocal and enforceable as a bargained-for risk allocation.

The customer expressly waives any right to seek attorneys’ fees, expert fees, court costs, treble damages, multiple damages, or statutory enhancements except where such waiver is prohibited by non-waivable applicable law and except for the prevailing-party fee provision in Section 29.6.

25.1 Carve-Outs

Nothing in this Section limits liability for (a) gross negligence or willful misconduct of the Company; (b) bodily injury or death directly caused by the Company’s own act; or (c) any liability that cannot be limited under applicable non-waivable law. Carve-out (a) is required because Connecticut, New York, and Massachusetts each refuse, as a matter of public policy, to enforce limitations of liability for grossly negligent or willful conduct (see, e.g., N.Y. Gen. Oblig. Law § 5-322.1; Conn. Gen. Stat. § 42-110b (CUTPA); M.G.L. c. 93A § 2).

25.2 Risk Allocation

The limitations in this Section apply to all claims, regardless of their basis, and survive any termination, voiding, or expiration of this Warranty. The customer acknowledges that the Company’s pricing reflects the allocation of risk in this Section and that, but for these limitations, the Company would not have agreed to perform the services at the agreed price.

Some states do not allow the exclusion or limitation of certain damages. In such states, the Company’s liability is limited to the greatest extent permitted by law. This Warranty gives the customer specific legal rights, and the customer may have other rights that vary by state.

To the maximum extent permitted by applicable law, the customer shall defend, indemnify, and hold harmless the Company, Green Restoration Franchise LLC, and each of their respective owners, members, managers, officers, directors, employees, agents, technicians, subcontractors, and insurers from and against any and all claims, demands, actions, suits, liabilities, damages, judgments, settlements, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) the customer’s breach of this Warranty, the work authorization, or any condition precedent or customer obligation; (b) any act or omission of the customer, occupants, guests, pets, or third parties at the property; (c) any pre-existing condition or undisclosed material fact; (d) any third-party claim arising from the property or its condition (including claims by tenants, neighbors, lenders, insurers, or governmental authorities); (e) any unauthorized use, modification, or representation of the Company’s services; (f) the customer’s violation of any law, regulation, ordinance, or rule; or (g) the customer’s spoliation of evidence in violation of Section 4 or Section 15.

This indemnity does not extend to claims arising from the Company’s gross negligence or willful misconduct. The Company shall give reasonable notice of any claim subject to indemnification; the customer shall control the defense and settlement, subject to the Company’s reasonable approval of counsel.

Green Restoration Franchise LLC, located at 206A Boston Post Rd, Orange, CT 06477, is the franchisor and owner of the Green Restoration® brand. Services are performed by independently owned and operated franchise locations.

This Warranty is issued, performed, and honored solely by the independently owned and operated Green Restoration franchise location that performed the services. Each franchise location is a separate and independent business entity solely responsible for its own warranty performance.

Green Restoration Franchise LLC does not perform restoration, cleaning, remediation, reconstruction, or any other field services and is not a party to this Warranty. Green Restoration Franchise LLC has no liability whatsoever for any service, claim, dispute, or warranty obligation arising from work performed by any franchise location or its subcontractors. The Company is solely responsible for its own subcontractors’ acts and omissions to the extent of reasonable supervision; no party other than the Company is responsible for those acts. For complete details on the franchise structure and the franchisor’s role, see the Terms & Conditions, Section 1.

28.1 Connecticut

For services performed in Connecticut, the franchise location is registered as a Home Improvement Contractor where required by Connecticut General Statutes § 20-419 et seq. Nothing in this Warranty waives any non-waivable right under the Connecticut Home Improvement Act, the Connecticut Unfair Trade Practices Act (CUTPA, Conn. Gen. Stat. § 42-110a et seq.), the implied warranty of workmanlike performance under Conn. Gen. Stat. § 47-118 (which requires a separately signed disclaimer instrument and is so addressed in the work authorization), or any other Connecticut law that cannot be disclaimed by contract. Where permitted, the Company provides a separately signed “Acknowledgment of Disclaimer of Implied Warranty” for limited workmanship implied warranties as required by § 47-118. Any liquidated-damages provision in the work authorization is acknowledged in 12-point boldface type and signed by the customer as required by Conn. Gen. Stat. § 42-150aa et seq.

28.2 New York

For services performed in New York, this Warranty is provided in compliance with New York General Business Law Article 36-A. For mold remediation services, the franchise location is licensed by the New York State Department of Labor as a Mold Remediation Contractor under Labor Law Article 32 and maintains the liability insurance required by Labor Law § 931. Per Article 32, the same entity does not perform mold assessment for the same property where it performs remediation; the customer must obtain assessment and post-remediation assessment from an independent New York-licensed Mold Assessor. Failure of the customer to retain an independent Mold Assessor as required by Article 32 voids this Warranty as to the mold remediation service. Nothing in this Warranty limits any non-waivable consumer right under N.Y. Gen. Bus. Law §§ 349 or 350. Consistent with N.Y. Gen. Oblig. Law § 5-322.1, the Company does not seek to limit liability for its own gross negligence, willful misconduct, or for bodily injury or death caused by its own act.

28.3 Massachusetts

For services performed in Massachusetts, this Warranty is provided in compliance with Massachusetts General Laws Chapter 142A and Chapter 93A. Any arbitration provision applicable to a Massachusetts customer requires a separately signed acknowledgment to be enforceable under M.G.L. c. 142A; absent such acknowledgment, the Massachusetts customer retains the right to elect arbitration under c. 142A § 4 (extended five-year filing window per the November 20, 2024 amendment), to bring small-claims actions where eligible, and to seek de novo trial within twenty-one (21) days of any arbitration award. Nothing in this Warranty limits any non-waivable consumer right under M.G.L. c. 93A.

29.1 Governing Law

This Warranty is governed by the laws of the state where the property receiving services is located (Connecticut, New York, or Massachusetts), without regard to its conflict-of-law principles. To the extent any claim is asserted against Green Restoration Franchise LLC, that claim is governed exclusively by the laws of the State of Connecticut.

29.2 Exclusive Forum

The customer agrees that any action or proceeding shall be brought exclusively in the state or federal courts located in the county where the property is situated, or, for any claim asserted against Green Restoration Franchise LLC, exclusively in the state or federal courts located in New Haven County, Connecticut. The customer consents to personal jurisdiction in those courts and waives any objection based on forum non conveniens or improper venue.

29.3 Time Bar & Statute of Repose

Any claim under this Warranty must be commenced within one (1) year after the cause of action accrues, or within the shortest period permitted by applicable non-waivable law if a longer period is required. Claims commenced after that period are time-barred and shall be dismissed. Equitable tolling and the discovery rule are limited to the minimum extent required by non-waivable law. Nothing in this Section extends any applicable statute of repose, including without limitation the seven-year repose period under Conn. Gen. Stat. § 52-584a where applicable.

29.4 Arbitration; Class, Mass & Representative Waiver

Where permitted by applicable state law and where separately acknowledged by the customer in writing in the work authorization, all disputes are subject to final and binding individual arbitration on a non-class basis under the Consumer Arbitration Rules of the American Arbitration Association (AAA), administered by an arbitrator selected from the AAA’s standard panel (or, if the parties agree in writing, JAMS under its Streamlined Rules). The seat of arbitration is the county where the property is located. Discovery is limited to that available under the AAA Consumer Rules unless the arbitrator orders otherwise for good cause. Judgment on the award may be entered in any court of competent jurisdiction.

The customer waives any right to bring or participate in a class, collective, mass, consolidated, joinder, or representative action of any kind regarding any matter covered by this Warranty, to the maximum extent permitted by law. The customer further waives any right to (a) class arbitration; (b) consolidation or joinder of claims by multiple customers; (c) participation as a representative or member of a class of claimants; and (d) acting as a private attorney general, except for any non-waivable right to seek public injunctive relief preserved by Section 19.2. If a court determines that the class-action waiver is unenforceable as to a particular claim, that claim shall be severed and proceed in court while all other claims remain in arbitration on an individual basis.

29.5 Waiver of Jury Trial

The customer and the Company each knowingly, voluntarily, and irrevocably waive any right to a trial by jury in any action, proceeding, or counterclaim of any kind arising out of or related to this Warranty, the services, or the work authorization. This waiver is mutual and is a material inducement for both parties to enter into this Warranty.

29.6 Prevailing-Party Attorneys’ Fees

In any action, arbitration, or proceeding arising out of or related to this Warranty, the prevailing party shall be entitled to recover its reasonable attorneys’ fees, expert fees, costs, and expenses from the non-prevailing party, in addition to any other relief awarded. This provision is reciprocal and applies to both parties.

29.7 Counterparts & Electronic Signature

This Warranty and any work authorization may be executed in counterparts, each of which is an original and all of which together constitute one instrument. Electronic signatures and electronically delivered counterparts are valid and binding under the federal E-SIGN Act, the Connecticut Uniform Electronic Transactions Act, the New York Electronic Signatures and Records Act, M.G.L. c. 110G, and any successor or analogous law. The parties expressly consent to the use of electronic records and electronic signatures for all purposes related to this Warranty.

30.1 Updates

The Company may update this Warranty from time to time. The version applicable to a given service is the version in effect on the date of the work authorization. Subsequent updates do not retroactively change the terms of a previously executed work authorization.

30.2 Notices

All notices under this Warranty must be in writing and delivered (a) by certified U.S. mail, return receipt requested; (b) by nationally recognized overnight courier with tracking; or (c) by email with delivery confirmation, in each case to the addresses on the work authorization. Notice to the Company must also be sent to help@gogreenrestoration.com. Notice is effective upon documented receipt or, for certified mail, three (3) business days after deposit. The customer must promptly notify the Company in writing of any change of address, email, or phone; notice sent to the last address on file is effective.

30.3 Integration / No Oral Modification / No Additional Terms

This Warranty, together with the work authorization signed by the customer, constitutes the entire and exclusive agreement between the parties regarding the services and supersedes all prior or contemporaneous agreements, representations, and understandings, oral or written. No modification, amendment, or waiver of any provision is effective unless in a writing signed by an authorized officer of the Company. No course of dealing, course of performance, or trade usage shall modify or supplement these terms. No additional or different terms proposed by the customer (whether by purchase order, change request, email, text, or otherwise) shall become part of this Warranty unless expressly accepted in writing signed by an authorized officer of the Company.

30.4 No Waiver

The Company’s failure to enforce any provision of this Warranty is not a waiver of that provision or of any other provision. A waiver of any breach is not a waiver of any subsequent breach. No waiver is effective unless in writing signed by an authorized officer of the Company.

30.5 Severability & Reformation

If any provision of this Warranty is held invalid or unenforceable, the remaining provisions remain in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the parties’ intent to allocate risk and limit liability to the maximum extent permitted by law. If reformation is not possible, the provision shall be severed and the remainder of the Warranty enforced.

30.6 Survival

The provisions of this Warranty that by their nature are intended to survive (including but not limited to the disclaimers, exclusions, conditions precedent, customer obligations, voiding conditions, sole-remedy provisions, mutual release, waiver of subrogation, insurance cooperation, health-claims and emotional-distress disclaimers, documentation rights, confidentiality, no-third-party-beneficiaries, no-agency, limitation of liability, mutual consequential-damages waiver, indemnification, franchise structure, governing law, exclusive forum, jury waiver, prevailing-party fees, time bar, statute of repose acknowledgement, arbitration, class/mass/representative-action waiver, integration, severability, notices, and survival provisions) shall survive expiration, completion, voiding, or termination of this Warranty and the services.

30.7 Headings & Construction

Headings and section numbers are for convenience only and do not affect interpretation. This Warranty has been negotiated at arm’s length and shall be construed neutrally; the rule of construction against the drafter (contra proferentem) shall not apply.