EXTERIOR PIERING WARRANTY and GENERAL CONDITIONS
It is the intention of URETEK ICR South Texas, LLC. to permanently stabilize the settlement of that portion of the foundation covered by this contract within 1″ settlement in 20′ horizontal span or 1/4 inch in a 5 foot horizontal span. This warranty applies to only the work performed by URETEK ICR South Texas, LLC. described as a LIFETIME WARRANTY under the terms, provision, and conditions of this contract.
THIS WARRANTY SHALL BE NULL IF: An additional story is added to the structure, or changes of a similar scope are made, without the prior written approval of company, when such changes would affect loads of the foundation. The structure is sited on a fault, or is affected by and earthquake. Underground facilities or swimming pools are installed within a horizontal distance from the foundation equal to or less than their depth. The foundation is undermined (I.e. soil slumping, eroding, plumbing leaks, creek beds, excavations, etc.)
GENERAL CONDITIONS
The work to be performed under this contract is designed to attempt to return the foundation to as near its original horizontal position as possible. The house will be lifted until, in the sole opinion of URETEK ICR South Texas, LLC. further raising will produce or create unacceptable damage to the foundation or structure. The stabilization or stopping of the foundation settlement can and may reverse the damage already done to the foundation as a result of settlement. Stabilizing or lifting the structure and can and may cause or create new damage in an effort to correct the settlement that has occurred. URETEK ICR South Texas LLC. has no obligation to repair or to replace any damage that is caused by stabilizing or lifting the structure. While great care will be used while lifting or stabilizing the structure, damage to rigid structures like flooring, plumbing, sheetrock, windows, electrical wiring, furniture, fixtures, furnishings, landscaping, and vegetation, wooden or other types of decks, spas and or personal property may occur and are not the responsibility of URETEK ICR LLC. If damage occurs due to outright negligence of URETEK, URETEK is obligate to make repairs. Please remove all items from the walls in the area to be lifted. Please remove exterior lighting from the work area before the work starts. We will trans plant shrubbery at the point of installation but we cannot guarantee that it survives. If spread footings or drilled piers are discovered after work has begun and it is necessary to remove or cut then loose from the foundation, an additional fee of $200.00 will be due for piers that must be removed off the foundation. If after work has begun, and it is discovered that the foundation has been constructed of substandard materials or lacks the structural strength necessary to properly transfer the load imposed by underpinning, there can be an adjustment in the contract price. Owner shall supply URETEK ICR South Texas, LLC. with water and electricity at owner’s expense. URETEK ICR South Texas, LLC. must have access to the breaker box at all times and must enter the property at the time it is leveled.
TRANSFER OF WARRANTY
In the event a change in ownership occurs, assignment of this warranty to a new owner can be accomplished by providing URETEK ICR South Texas information pertaining to the transfer of title within 30 days of said title transfer being completed.. Assignment will be made in accordance with the warranty regulations and transfer fee of $300 and within procedures in effect at the time of transfer. So long as the provisions of this paragraph are met, there is no limit to the number of transfers that can be made. If the provisions of the paragraph are not met, this warranty is null and void. To transfer the warranty, supply a written request to URETEK ICR South Texas stating the name of the new owner, the property address and the transfer fee of $300.00.
TERMINATION
URETEK ICR South Texas, LLC. may terminate this warranty at any time by paying to the current owner an amount half of the total payment made under the original contract. In the event it is necessary to file suit for the enforcement of this contract, suit shall be brought in Nueces County, Texas. If it is necessary to take action or collect the monies due under this contract or to file suit, the non prevailing party agrees to pay all of the prevailing party’s reasonable costs of collection or securing the monies due pursuant to this contract, including cost actually incurred for filing and releasing mechanic’s and material man’s liens and reasonable attorney’s fee. All amounts due under this contract that are not paid when due will bear interest at the lower of the maximum rate permitted by law or 18 % per annum from time at which such amounts become due. Past due amounts will be applied first to accrued interest, then to costs and expenses and then to the contract price. No changes to this document will be valid unless approved in writing by both parties. This written agreement is the total agreement by and between owner and URETEK ICR South Texas, LLC. The above prices, specifications and conditions are satisfactory and are hereby accepted. URETEK ICR South Texas, LLC. is authorized to perform the work specified.
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