Warranty
AGREEMENT FOR SERVICES
Westchester Foundation Repair L.L.C. (“WFR”) agrees to perform for the Owner of the premises identified on the front of this bid sheet or the authorized agent of the Owner (hereinafter referred to individually or jointly as “Customer”), WFR will proved all labor and materials to perform the work and services as specified on the front of this bid sheet and shall carry General Business Liability and Worker’s Compensation Insurance as may apply or be required by law for the price specified on the front of this bid sheet and, subject to ** hereof, within the time period specified on page 1, under the following terms and conditions:
Standard Warranty for Helical Piers: All interior/ exterior helical piers used to repair a foundation in the areas designated on the front of this bid sheet are cover by WFR’s Standard Warranty. Should a pier fail for any reason, WFR shall repair or replace such pier at no cost the customer. We warranty the workmanship and material of the pier for the lifetime of the home. If you should have additional problems with settling we will first try to solve the problem by adjusting the piers already installed however if additional piers are required the customer will be responsible to pay for any additional work required. The Standard Warranty is subject to acts of God, excessive settling or erosion of soil due to natural springs, flooding, or failure of other system of the structure such as plumbing, abuse, or negligence of the owner or third party. This warranty is transferable to subsequent owner of the premises subject to the limitations as set forth herein.
New Construction Helical Piers: WFR provides a 10 year warranty covers for all new construction piers along with the areas designated on the front of this bid sheet or attracted blue prints. Should a pier fail for any reason, WFR shall repair or replace such pier at no cost to the Owner. We warranty the workmanship and materials of the pier. If settling of the structure occurs in areas of the structure were no piers have been installed and additional piers are required the Owner will be responsible to pay for any additional work required. This warranty is transferable to subsequent owners of the premise subject to the limitations as set forth herein.
Wood Floor Warranty: WFR will replace or the defective materials for a period of one year at WFR’s expense. This Warranty is limited to defective workmanship and materials only and is not a guarantee of results or is it any guarantee regarding floor flexibility, slope or the complete recovery of settlement in the structure. No warranty is expressed or implied regarding resettlement of the flooring and bracing due to soil moisture, which can be caused by improper drainage, lack of ventilation, lack of guttering, flooding, leaking pipes, ect. This Warranty is limited as set fourth herein.
French Drain Warranty: WFR will replace or repair any defective workmanship and materials for the period of one year at WFR’s expense. This warranty is limited to workmanship and materials only. Warranty is subject to acts of flooding, abuse, or negligence of the property owner or third party. This warranty is transferable to subsequent owner of the premises subject to the limitations as set fourth herein.
Extended Warranty Provisions: Upon project completion and receipt of all amounts due, the customer named herein is eligible for optional Extended Warranty Coverage over and the above our Standard Warranty to protect their investment.
Lifetime Plus Warranty Program pertaining to helical piers installed provides that should additional piers be needed at any time in the future to lift the area designated on the front of this bid sheet and completed under this agreement, there shall be no additional cost to the customer.
Wood Floor & French Drain Extended Warranties are available in one year increments that provide for repair or replacement of the area designated on the front of this bid sheet and completed under this agreement.
Extended Warranty Coverage for a prior completed project is also available in one year increments upon completion of any rework required and receipt of all amounts due for such rework.
Interior / Exterior Repairs: When repairing interior of a structure the Customer shall be responsible for preparing the area where the work is to be done. This shall include but not be limited to the removal of all furniture, floor, property or the like that may in any way hinder the performance of the work. Customer shall likewise be responsible for the replacement of same. In some cases as a service to the customer WFR might assist the customer in preparing the work area when and if this occurs WFR is not responsible for any damages to the customers property that might occur. When lifting the structure back to its original state there is always the possibility of cracks to the floor, walls and damages to the sheetrock. The customer will be responsible for making all repairs to any such damages caused by lifting of the structure. WFR may have to adjust the location of the Piers, Wood Floor Bracing or French Drain from the locations listed on the front of this bid sheet to avoid ducts, water lines, sewer lines, utility lines and other obstructions discovered during the work process. The customer is responsible for the cost of repairs if unavoidable damages should occur.
WFR will grout any voids under the slab and between the stem walls when installing interior piers. WFR will grout and point any exterior cracks in the brick and mortar in the areas where exterior piers have been installed. WFR will endeavor to match masonry and concrete repair as closely as possible; however due to inconsistencies and varying availability of concrete and masonry materials, WFR does not guarantee an exact match.
WFR will endeavor to achieve practical elevation recovery during the lifting process. No guarantee of absolute elevation correction or closure is provided or implied.
• in the event that the obligation of WFR under this agreement shall be impossible to perform by reason of an act of God, or the elements, shortage or unavailability of necessary materials, supplies or labor, shortages of transportation facilities, or because of applicable governmental regulations or restrictions, or other cause beyond WFR’s control, then in such event the time for WFR’s performance shall be extended until the termination of such cause beyond WFR’s control.
• If excessive excavation (depth beyond 42 inches), or rock, concrete, tree roots, removal of concrete piers or similar substances are encountered which interfere with the normal excavation and pier installation process, an additional fee may be required. Additional charges will be discussed prior to excavation of the work. These additional expenses shall be charged to the owner at WFR’s currant hourly rate, and may also include equipment rental expense.
• In the event that piers installation goes beyond a 22 foot depth, an additional charge of $15.00 per foot shall apply. If the owner chooses not to continue the work due to the extra expenses, which may occur, the owner shall be responsible for paying WFR its current hourly rate for all work performed to that point.
• The owner or an authorized agent respective shall be available upon completion of work for a walk-through inspection with the Field Supervisor to discuss any questions or concerns, and to make payment for the repairs.
WFR will not be responsible for distortion or cracks of windows, doors, mirrors, floor covering, wall covering, drywall, plaster or similar items. WFR will not be responsible for existing or repair-related damage to plumbing lines, electrical lines, gas lines, water lines, ductwork, or any other utility or mechanical component for any reason. Any such repair, modification, or adjustment as required for or as a result of pier installation is not part of this proposal, and any such subsequent expense shall be the responsibility of the customer. WFR will not be responsible for water leaks through basement walls or any other portion of the structure.
WFR does not guarantee that shrubs, flowers, trees, grass, ect. removed for the recommended repairs will not die. Any replacement of such items shall be the responsibility of the customer.
Interest: In the event any sum due WFR is not paid, such sum will bear at 1.5% per mouth (18% annum) thereafter until paid.
Entire Agreement: this instrument constitutes agreement of the parties. It supersedes any and all other agreements, either oral or in writing, between the parties hereto. Each party to this Contract acknowledges that no representations, promises or agreements, oral statement or promise not contained in this Contract shall be valid or binding. This Contract may not be modified or amended by oral agreement, but only by an agreement in writing, signed by the parties herein.
Attorney’s Fees: in the event either party hereto file suit in order to enforce or interpret the terms and provisions of this Contract, the prevailing party in such litigation shall be entitled to recover from the other its reasonable attorney’s fees and expenses incidental to the litigation.
Binding Effect: the provisions of this Contract shall insure to the benefit of and bind the executors, administrators, successors, heir and legal representatives of the parties hereto.
IN WITNESS WHEREOF: The parties of this Contract shall insure to the benefit of and bind the executors, administrators, successors, heir and legal representatives of the parties hereto.