This Limited Warranty (the "Warranty") is made in lieu of all other warranties, expresses or implied, and of all other obligations on the part of Basement Systems, Inc. (the "Contractor") to the client (the "Client"). There are no other verbal or written warranties. There are no warranties which extend beyond the description on the face hereof, including no warranties of express or implied merchantability and no warranties of express or implied fitness of waterproofing.
For the applicable time periods indicated below, this Warranty is transferable to future owners of the structure on which the work specified in this proposal is completed. This Warranty is in effect if a job is completed and paid in full and, alternatively, is null and void if full payment is not received. Contractor does not warrant products not mentioned below, but some of such products may be covered by a manufacturer's warranty. Exterior waterproofing is not warranted by Contractor. All material used is warranted to be as specified on the proposal. All work will be completed in a workmanlike manner according to the standard practices of the industry. Contractor's workers are fully covered by Workers' Compensation insurance.
Contractor hereby warrants with respect to the areas where Contractor has installed WaterGuard, FlowGuard, Dry Trak, and/or a drain tile system (the "System") that, if water from the floor wall joint passes through the perimeter of the System and onto the basement floor, Contractor will provide the labor and materials to fix the leak(s) in the System at no additional charge to Client for the life of the structure, transferable if the homeowner decides to sell. Contractor always recommends the installation of a full perimeter System; but, if a partial System is chosen, only the area treated by the partial System is covered by this Warranty. If seepage occurs in areas in which a System is not installed, then additional work at an additional charge will be necessary to extend the System or treat other areas or problems not addressed by this work. Because pump or power failure is possible, this Warranty is not a guarantee of a dry basement as we cannot guarantee that in all circumstances.
Primary AC operated sump pumps are warranted by the manufacturer (but not by Contractor) for a period of one (1) year from the date of installation. The DC battery operated UltraSump and the UltraSump battery are warranted by the manufacturer (but not by Contractor) for one (1) year from the date of installation. These warranties do not include or cover misuse and abuse, damages for loss of use, damages to personal property, or consequential or indirect damages caused by pump failures. Discharge from water softeners may not be run through access ports or directly to sump pumps, and doing so will void the manufacturer's warranty on the sump pump, and will void this Warranty. Client's existing sump pumps, used in conjunction with the System, are not warranted by Contractor.
A CleanSpace crawl space encapsulation system will isolate the home from the earth. The humidity level in the air will be lowered, reducing moisture needed for mold growth. However, the encapsulation system does not claim to be a mold mitigation system. Wet crawl spaces require a drainage system and a SmartSump (together, the "Drainage System") to remedy the problem with water below the CleanSpace liner. Contractor warrants that, for a period of twenty-five (25) years from the date of installation when installed with a Drainage System, the CleanSpace liner will be free from: 1) holes and tears; and 2) ground water on top of the liner. If that is not the case, Contractor will provide the labor and materials to fix the problem at no additional charge to Client. This Warranty does not include damage to the liner caused by abuse or moisture from condensation.
Contractor warrants that the SmartJacks will stabilize the affected area(s) against further appreciable vertical settlement in the areas were work was performed for twenty five (25) years from the date of installation, or else the Contractor will provide the labor and materials, at no cost to the Customer, to correct the problem with the SmartJack work. Contractor does not warrant lifting, leveling, to close cracks, to reduce floor squeaking, to render doors and windows operational or to move walls back to their original position, but will do its best to achieve positive results in this regard. Customer should also know that the possibility of further damages exists during a lifting operation, and that Contractor is not responsible for such issues. Customer is responsible for any finish carpentry repairs, painting repairs, stucco repairs, drywall repairs, concrete slab repairs, flooring repairs, or any underground utilities repairs, etc. that may be necessary after Contractor's SmartJack work is finished unless stated in writing in the Contract.
This Warranty does not cover and Contractor specifically disclaims liability for:
? System clogging or malfunctioning from mineral accumulations, iron ochre, iron gel or iron bacteria from the soil, tree roots, mud, or sand, etc. (In such cases, the System will require service to keep it functioning properly and additional charges will apply.)
?Condensation, any System that has been altered in any way, water vapor transmission, concrete discoloration from capillary action, water squirting out of the wall over the System, efflorescence (white powder) on concrete, window well flooding onto the basement floor, shrinkage cracks in new concrete, peeling paint, water once pumped from the structure, dust incidental to System installation, damage to hidden utility or fuel lines, leaks from chimneys or garages, plumbing, and frozen discharge lines.
?Water damage to property including, but not limited to, floor coverings, furniture, all personal property, stored items, finished wall and other objects inside the foundation of the structure.
?Any damages caused by mold including, but not limited to, property damage, personal injury, loss of income, emotional distress, death, loss of use, loss of value, and adverse health effects, or any other effects.
Annual Maintenance Recommended/Service Calls
Contractor recommends that Client maintain the System annually. The cost of maintenance is not included in this proposal or in this Warranty. Annual maintenance can prevent most problems with the System. Client agrees to keep gutters clean, downspouts extended, the area dry, the grade outside pitched away from house, and report any leaks that may be related to Contractor's work. There will be NO charge for service calls made to address leaks in the System. Any service calls made to address issues that are not caused by leaks in the System or result from leaks caused by damage or abuse to the System will be billed, including drive time, at Contractor's regular rate.
Disclaimer: A fee will be assessed if the home is in the process of a sale and a non-owner or realtor is requesting the site visit or estimate.