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Floor Systems:
We guarantee our workmanship and material for the entire period of time in which the customer holds the title to the property against water penetrating only the sub-soil wall, cove (where the floor and the wall meet) and immediate floor area within three (3) feet of wall as specified herein, and a pressure relief system has been installed. This guarantee does not pertain to dampness caused by conditions such as humidity, leaking pipes, etc. The customer is to supply electrical outlets to operate sump pump(s). If seepage continues in these specifies areas after all installations have been completed, the contractor guarantees that they will continue to work on these affected areas until they have eliminated such seepage at no additional cost to the customer. This guarantee shall become effective upon the customer’s full compliance with the above stated terms. Our sump pumps and batteries carry a one (1) year manufacturer’s warranty and will be replaced at no additional charge during the warranty period. We do not guarantee against acts of God, structural damage, mold and mildew, humidity, or the sewer backing up. We do not assume any responsibility whatsoever for damages to the interior of the building nor for its contents.
GUARANTEED FOR THE ENTIRE
PERIOD OF TIME IN WHICH THE CUSTOMER HOLDS TITLE TO THE PROPERTY.
TERMS AND CONDITIONS
(1) Contract changes or
deletions must be approved in writing by an officer of ASSOCIATED DESERT-DRY
WATERPROOFING CONTRACTORS, INC.. Contractor reserves the right of
refusal to accept this contract.
(2) If necessary to
re-waterproof from inside CUSTOMER is to bare walls and floor in area
treated and otherwise make specified areas accessible to contractor.
Customer responsible for replacement of same, but customer shall not replace
until notified of completion by contractor.
(3) Contractors liability shall
be limited to the re-waterproofing of the sub-soil masonry specified in
contract and contractor shall not be liable for consequential damages.
(4) If necessary for contractor
to drill through exterior concrete, flagstone, asphalt, wood or any
substance other than earth, contractor will repair to the best of his
ability, but will assume no liability for damages to same.
(5) Contractor assumes no
liability for damage to underground pipes, drain lines, wiring, tanks or
other non-visible installations, unless notified by customer in writing of
the existence of such items prior to commencement of work.
(6) If pressure relief floor
system is installed initially or at a later date, the materials and method(s)
utilized shall be at the sole discretion of contractor. If floor
system is installed, such installation will be above and/or below floor as
contractor deems necessary.
(7) If sump pump is installed,
sump pump discharge hose shall terminate at immediate exterior of wall above
grade level in any area contractor deems most desirable, unless otherwise
specified in contract. Sump pump(s) guaranteed by manufacturer's
guarantee only. If additional sump pump installations are ever
required, the charge to customer will be at the then prevailing rate for
same.
(8) We do not guarantee against
conditions over which we have no control, such as structural damage or
conditions of sub-soil masonry, or from damage caused by other, nor for
fire, flood, backing up of sewer systems or acts of God. We assume no
responsibility whatsoever for any damages to the interior of any building,
nor to its contents claimed to be caused by water seepage. This
guarantee is not assignable except by written consent of the contractor.
(9) Customer agrees that prior
to the payment of said contract and/or note, the said premises improve
hereunder will not be sold, mortgaged, assigned or otherwise removed or
disposed of. In the event that the foregoing covenant is violated,
customer agrees to pay immediately to the contractor, or the holder of said
contract and/or note, the entire unpaid due thereon.
(10) Guarantee can be
transferred to one subsequent owner upon payment of ten percent of the
original price. This fee is waived if property is sold within one year
of the contract date.
(11) Contractor shall have the
right to sell, assign and transfer this contract, not and other instruments
executed by the customer.
NOTE: Items (12)
through (14) deal with financing and are no longer applicable, but may be
seen on the original contract at time of issuance.
(15) If any additional work, as
specified within guarantee of this contract, ever is required, customer
shall furnish contractor with evidence satisfactory to contractor of the
ability of customer to pay for said additional work, or such failure by
customer shall be considered a refusal by customer to permit contractor to
proceed with the work under this contract and thus will release contractor
from liabilities and obligations extended to customer under this contract
and the guarantee herein.
(16) This guarantee shall not be
in force until all payment(s) have been met. Guarantee can be
transferred to one aubsequent owner upon payment of ten percent of original
price. If approved by contractor at time of settlement.
(17) In the event customer
shall, prior to the commencement of any work by contractor, refuse to permit
contractor to proceed with the work specified herein, customer shall pay
contractor 25% of the contract price as liquidated damages, plus reasonable
attorney's fees. In the event customer at any time prior to the
completion of work by contractor shall refuse to permit contractor to
proceed with the work, customer shall pay contractor the costs incurred by
contractor for labor, materials, commissions or other expenses, plus 25% of
the contract price as liquidated damages, plus reasonable attorney's
fees. In no event shall the liability of the customer under this
paragraph, exclusive of attorney's fees, exceed the total contract price.
(18) On stone and brick
foundations, contractor shall only be responsible to service the seepage
through the floor system unless the walls have been roughcasted as part of
this agreement.
(19) Service calls for
continuing seepage problems will be made with no additional charge to
customer. However, if contractor finds the problem in an unguaranteed
area or if problem is not an actual seepage problem (such as leaking pipes,
condensation, high humidity, sewer back-ups, unplugged sump pump, etc.) then
contractor reserves the right to charge customer $35.00 fee for any
unnecessary service requests.
(20) Unpaid balance subject to
finance charge of 18%, 1½% per month.
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