A. All warranties are transferable to new property owner(s) unless otherwise stated.
B. If Foundation Waterproofing Services Inc (FWS) deems necessary, owner must make inside concrete wall and floor are accessible for inspection, initial repair and service at home owner’s expense. Owner is to provide finished wall removal and access for inspection, initial repair and service at home owner’s expense. Homeowner is responsible for removal and replacement of drywall, plaster, personal property, improvements, fixtures, and appliances or other obstacles in the work area.
C. FWS reserves the right to repair, at our cost, any damage caused by our fault. FWS also reserves the right to hire a contractor (of our choice) for the repair if we are unable to complete it ourselves.
D. FWS will not be responsible for damage to wall or floor coverings, radiant heat, electrical or other lines (exterior or under the floor), landscaping or personal property of any type due to dust, excavation, seepage or flooding.
E. Warranty does Not cover any above grade penetration of water, seepage through windows, condensation, vapor transmission or excess humidity, any water during periods of sewer backup, or frozen discharge lines.
F. If epoxy or urethane grout is injected around a sewer line, FWS is Not responsible for any subsequent clogging due to existing opening or broken sewer line.
G. FWS will contact JULIE to mark underground utilities. Other than as a result of negligence, FWS is Not responsible for damage cause by leakage or to utilities including but not limited to water sewer, electrical, heat lines or other utilities. The property owner(s) or their agent(s) bear the burden to investigate and disclose the existence of any underground facilities as the same may be amended, located in or near the areas which the property owner(s) or their agent(s) have requested FWS to excavate and/or repair. FWS will use reasonable care in the excavation and installation process, however, should a private utility or such underground facilities become impacted, the property owner(s) or their agent(s) shall be responsible for any repairs that may be necessary. The property owner(s) or their agent(s) shall hold FWS Harmless for any consequential damage caused by FWS as a result of the property owner(s) or their agent(s) failure to meet their burden hereunder.
H. Owner is to provide adequate water and electricity to accommodate the repairs.
I. If additional pumping capacity is needed to keep up with the seepage flow, owner is responsible for additional labor and material charges for installation of same.
J. FWS is Not responsible for the disposition of the water once discharged from the house.
K. FWS will Not be held responsible for any mold and/or radon gas related claims.
L. Should the work be modified by others, This Warranty is null and void.
M. If Previous Unknown conditions are discovered, FWS reserves the right to cancel contract, restore job site, and refund any deposit given.
N. FWS reserves the right to alter the repair technique as needed, at no additional charge to owner.
O. A service fee will be assessed for non-warranty related service requests.
P. Homeowner authorizes FWS to photograph homeowners property and to use such photographs for documentation and promotion without compensation to homeowner.
Q. Any controversy or claim arising out of, or relating to, this contract, or the breach thereof (“claim”) shall be resolved by binding arbitration. All arbitrations shall be conducted in Chicago, Illinois before an arbitrator selected in accordance with, and shall be conducted pursuant to, the construction industry arbitration rules of the American Arbitration Association. The arbitrator will have no authority to award punitive damages or any other damages not measured by the greater of the prevailing parties liquidated, contractual or actual damages, and may not, in any event, make any ruling, finding or award that does not conform to the terms and conditions of the contract. Cost and fees of arbitration may be awarded to the prevailing party. “Costs and fees” means all reasonable pre-award expenses of arbitration including the arbitrator’s fees, reasonable attorney’s fees, administrative fees, travel expenses, out of pocket expenses such as copying and telephone, court costs, and witness fees. Neither party nor the arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
R. In the event FWS were to damage a water main, sewer line, gas line, electrical conduit or sprinkler pipe during our installation we agree to make the repair(s) at no cost to the customer provided the sytem is in good prior working condition and the municipality does not require the system be upgraded or replaced, which would then be done at a additional charge.
S. In the event it is determined that a warranty repair is required and paving or other exterior obstructions (A/C unit, driveway, porch, etc) have been added or replaced after our work was completed, if deemed necessary, it is the customer’s responsibility to remove/replace at No Cost to FWS.
T. Sump Pump, Accessories, and Battery Backup Warranty: All sump pumps purchased and installed by FWS are covered by a 3 year manufacturer warranty which included parts and labor. PumpSpy Battery Backup Systems purchased and installed by FWS are covered by a five year manufacturer warranty which includes parts and labor. Sump Pro Systems purchased and installed by FWS are covered by a 3 year parts and labor warranty. Battery for system(s) carries a 1 year parts and labor warranty. a dedicated 110v (20amp) outlet is required for proper operation of all systems. FWS cannot be held responsible for operation of existing sump pumps and/or backup systems.
U. Drain Tile System Warranty: Twenty year warranty against seepage through the cove joint(where the floor and wall meet) and, from the immediate floor area (within 3 ft of the wall). In the event a full perimeter drain tile system fails after installation, the entire floor is covered under the warranty.
V. Window Well Drain Warranty: Ten Year Warranty on properly functionality on Window Well Drain(s). FWS is not responsible for drain clogging due to improper homeowner maintenance. FWS is only responsible for operation of drain when connected to a drainage system we installed. Warranty is valid provided there is a quality window well(s) cover installed and the window well is in good condition.
W. Window Well Warranty: We guarantee the performance of our window well(s) for ten years.
X. Crack Repair Twenty Year Warranty: FWS will service, with no additional charge, any seepage through any wall crack(s) we repair. Warranty will become Void if home is settling, sinking, or the wall is moving.
Y. Crawl Space Encapsulation Warranty: Crawl space encapsulation is warranted for ten years against rips and tears in the lining materials. Warranty does not cover seam tape.
Z. Estimate is good for 90 days.
AA. You the consumer, may cancel this transaction any time prior to midnight of the third business day after receipt of deposit by Foundation Waterproofing Services INC. Beyond three day cancelation period refund is non refundable. See notice of cancelation for this notice for an explanation of this right.
YOUR RIGHT TO CANCEL
You are entering into a contract. You may cancel this transaction at any time prior to midnight of the third business day after the date of the transaction.