transfer of warranty termination clauses owners ...limitation consequential or incidental damages....

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plumbing leaks or inadequate drainage, caused by upheaval, (upheaval means that a segment or segments of the foundation rise above elevations which existed at the time repairs were completed); caused by another parties alterations of G.L. Hunt Company San Antonio L.L.c. work caused by elements of fire, acts of God, or any cause beyond G.L. Hunt Company San Antonio L.L.c. reasonable control; or caused by lack of proper maintenance as defined by the handout on Foundation Maintenance provided with this Limited Lifetime Warranty. G.L. Hunt Company San Antonio L.L.c., shall not be responsible for structural or cosmetic damage to the structure caused by subsequent foundation settlement; such limitation includes but it not limited to: sheetrock, paint wall covering, floor covering, glass, tile, brick and/or mortar, plumbing systems, etc. This Warranty does not cover; repairing or replacing floor covering and/or any other items damaged or removed to access or adjust piers, consequential damages to heating or air conditioning equipment, sheetrock, wallpaper, plaster, glass breakage, shrubbery or any plumbing damages caused by adjusting the foundation; any consequential damages to the home or structure, including but not limited to, concrete, brick, mortar, or other rigid materials either during or after the work under this contract. Minor cracking or drywall and brick joints cannot be completely eliminated as outlined in the pamphlet regarding "Expectations of Underpinning" provided with this Warranty. Transfer of Warranty This warranty may be transferred to a new owner subject to timely and proper notice to G.L. Hunt Company San Antonio L.L.c. and inspection of the property by G.L. Hunt Company San Antonio L.L.C. such proper notice to G.L. Hunt Company San Antonio L.L.c. shall be in the form of a certified letter mailed within 90 days of transfer of ownership or 'closing" whatever comes first; If after receiving notice, the G.L. Hunt Company San Antonio L.L.C. shall have ten days to perform inspection of the property. Ifin the sole discretion ofG.L. Hunt Company San Antonio L.L.c. the property has not been properly maintained, then G.L. Hunt Company San Antonio L.L.C. reserves the right to terminate the Warranty by providing written notice of termination to the new owners. Termination Clauses G.L. Hunt Company San Antonio L.L.c. may terminate this Warranty at any time by paying the current owner in amount equal to the total payments made under the original contract. Warranty is Null and Void, and G.L. Hunt Company San Antonio L.L.C. shall have no obligations hereunder if: I. Owner defaults on any payments owing to G.L. Hunt Company San Antonio L.L.c. and such defaults remain uncured for 30 days after written notice of default provided to the owner by G.L. Hunt Company San Antonio L.L.C. 2. Additions or changes are made to the structure at or near the area where the repairs were made that would increase the load on the repaired areas. 3. The Foundation is undermined by natural caused or third parties. (e.g. earthquake, interior movement, underground springs, PLUMBING LEAKS, creek beds, being located on fault line, erosion by diverted water, not maintaining proper moisture, etc.) 4. A swimming poo 1 or other underground facility is installed within 10 feet of repaired area. 5. IF any warranty is voided for any reason, G.L. Hunt Company has the option to reinstate the warranty after the customer has corrected any deficiencies. A reinstatement fee will apply to any reinstated warranty. Owners Responsibility Owner is responsible for testing plumbing (before and after repair work is complete) and making necessary repairs as needed to prevent future soil saturation. Proper maintenance is essential to insure the stability of your foundation. It is the owner's responsibility during the warranty period to care for the property as outlined the maintenance procedures provided to owner with this warranty. Should the owner fail to properly maintain the property in accordance with the instructions outlined in the foundation maintenance article provided with this warranty, the owner completely releases G.L. Hunt Company San Antonio L.L.c. from the liability for any and all damages that occur to the property. Notice Provisions and Rights to Cure Provisions This contract is subject to Chapter 27. Property Code. The provisions of that chapter may affect your right to recover damages arising from the performance to this contract. If you have a complaint concerning a construction defect arising from the performance of this contract and the defect has not been corrected through normal warranty service, you must provide notice regarding the defect to the contractor by certified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law. The notice must refer to Chapter 27, Property Code, and must describe the construction defect. Ifrequested by the contractor, you must provide the contractor the opportunity to inspect and cure the defect as provided by Section 27.004 Property Code. If the owner fails to give such inspection opportunity, the owner waives any claim of any type as to G.L. Hunt Company San Antonio L.L.c. liability for damages under the contract or the warranty. Limitation of Damages It is agreed and understood that the full extent of G.L. Hunt Company San Antonio L.L.c. liability in this work shall not exceed the agreed price of this work. G.L. Hunt Company San Antonio L.L.c. excludes any and all consequential damages resulting from the work performed. G.L. Hunt San Antonio L.L.c. ALSO DISCLAIMS AND OWNER WAIVES ALL OTHER WARRANTIES, GUARANTEES, CONDITIONS OR LIABILITIES EXPRESSED OR IMPLIED ARISING OUT OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION CONSEQUENTIAL OR INCIDENTAL DAMAGES. In no event shall you be entitled to consequently damages regardless of whether the claim is base on warranty, contract, tort, or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you. Express Limitations No other guarantee or representations are made other than those expressed in writing by Contract and Warranty, and no parties or salespersons are empowered to extend the warranties and guarantees stated herein. The terms and conditions set forth in this agreement represent the entire agreement between G.L. Hunt Company San Antonio L.L.c. and the owner. OWNER ACKNOWLEDGES AND AGREES THAT THIS EXPRESS LIMITED WARRANTY IS THE ONLY WARRANTY, EXPRESSED OR IMPLIED, GIVEN BY G.L. Hunt Company San Antonio L.L.C. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARRANT OF FITNESS FOR PURPOSE, ARE EXCLUDED, NO PARTIES OR SALESPERSONS OF G.L. Hunt Company San Antonio L.L.C. ARE EMPOWERED TO EXTEND THE WARRANTIES OR GUARANTEES STATED HEREIN. THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, MODIFIED OR VARIED EXCEPT BY WRITTEN INSTRUCTION EXECUTED BY THE PARTIES IN NO EVENT SHALL DAMAGES FOR BREACH OF WARRANTY EXCEED THE PRlCE PAID BY OWNER TO G.L. Hunt San Antonio L.L.C. ACCORDINGLY. OWNER AGREES TO ASSUME RESPONSIBILITY FOR INSURING AGAINST OR OTHERWISE BEARING THE RISK OF GREATER DAMAGES G.L. Hunt Company San Antonio L.L.c. SPECIFICALLY DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS OF THE REPAIRS ANY PURPOSE. THE FOREGOING IS OUR SOLE WARRANTY

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  • plumbing leaks or inadequate drainage, caused by upheaval, (upheaval means that a segment or segments of the foundation rise aboveelevations which existed at the time repairs were completed); caused by another parties alterations of G.L. Hunt Company San AntonioL.L.c. work caused by elements of fire, acts of God, or any cause beyond G.L. Hunt Company San Antonio L.L.c. reasonable control; orcaused by lack of proper maintenance as defined by the handout on Foundation Maintenance provided with this Limited Lifetime Warranty.G.L. Hunt Company San Antonio L.L.c., shall not be responsible for structural or cosmetic damage to the structure caused by subsequentfoundation settlement; such limitation includes but it not limited to: sheetrock, paint wall covering, floor covering, glass, tile, brick and/ormortar, plumbing systems, etc. This Warranty does not cover; repairing or replacing floor covering and/or any other items damaged orremoved to access or adjust piers, consequential damages to heating or air conditioning equipment, sheetrock, wallpaper, plaster, glassbreakage, shrubbery or any plumbing damages caused by adjusting the foundation; any consequential damages to the home or structure,including but not limited to, concrete, brick, mortar, or other rigid materials either during or after the work under this contract. Minorcracking or drywall and brick joints cannot be completely eliminated as outlined in the pamphlet regarding "Expectations of Underpinning"provided with this Warranty.Transfer of WarrantyThis warranty may be transferred to a new owner subject to timely and proper notice to G.L. Hunt Company San Antonio L.L.c. andinspection of the property by G.L. Hunt Company San Antonio L.L.C. such proper notice to G.L. Hunt Company San Antonio L.L.c. shallbe in the form of a certified letter mailed within 90 days of transfer of ownership or 'closing" whatever comes first; If after receiving notice,the G.L. Hunt Company San Antonio L.L.C. shall have ten days to perform inspection of the property. Ifin the sole discretion ofG.L. HuntCompany San Antonio L.L.c. the property has not been properly maintained, then G.L. Hunt Company San Antonio L.L.C. reserves theright to terminate the Warranty by providing written notice of termination to the new owners.Termination ClausesG.L. Hunt Company San Antonio L.L.c. may terminate this Warranty at any time by paying the current owner in amount equal to the totalpayments made under the original contract. Warranty is Null and Void, and G.L. Hunt Company San Antonio L.L.C. shall have noobligations hereunder if:I. Owner defaults on any payments owing to G.L. Hunt Company San Antonio L.L.c. and such defaults remain uncured for 30 days afterwritten notice of default provided to the owner by G.L. Hunt Company San Antonio L.L.C.2. Additions or changes are made to the structure at or near the area where the repairs were made that would increase the load on the repairedareas.3. The Foundation is undermined by natural caused or third parties. (e.g. earthquake, interior movement, underground springs, PLUMBINGLEAKS, creek beds, being located on fault line, erosion by diverted water, not maintaining proper moisture, etc.)4. A swimming poo 1 or other underground facility is installed within 10 feet of repaired area.5. IF any warranty is voided for any reason, G.L. Hunt Company has the option to reinstate the warranty after the customer has corrected anydeficiencies. A reinstatement fee will apply to any reinstated warranty.Owners ResponsibilityOwner is responsible for testing plumbing (before and after repair work is complete) and making necessary repairs as needed to preventfuture soil saturation. Proper maintenance is essential to insure the stability of your foundation. It is the owner's responsibility during thewarranty period to care for the property as outlined the maintenance procedures provided to owner with this warranty. Should the owner failto properly maintain the property in accordance with the instructions outlined in the foundation maintenance article provided with thiswarranty, the owner completely releases G.L. Hunt Company San Antonio L.L.c. from the liability for any and all damages that occur to theproperty.Notice Provisions and Rights to Cure ProvisionsThis contract is subject to Chapter 27. Property Code. The provisions of that chapter may affect your right to recover damages arising fromthe performance to this contract. If you have a complaint concerning a construction defect arising from the performance of this contract andthe defect has not been corrected through normal warranty service, you must provide notice regarding the defect to the contractor bycertified mail, return receipt requested, not later than the 60th day before the date you file suit to recover damages in a court of law. Thenotice must refer to Chapter 27, Property Code, and must describe the construction defect. Ifrequested by the contractor, you must providethe contractor the opportunity to inspect and cure the defect as provided by Section 27.004 Property Code. If the owner fails to give suchinspection opportunity, the owner waives any claim of any type as to G.L. Hunt Company San Antonio L.L.c. liability for damages underthe contract or the warranty.Limitation of DamagesIt is agreed and understood that the full extent of G.L. Hunt Company San Antonio L.L.c. liability in this work shall not exceed the agreedprice of this work. G.L. Hunt Company San Antonio L.L.c. excludes any and all consequential damages resulting from the work performed.G.L. Hunt San Antonio L.L.c. ALSO DISCLAIMS AND OWNER WAIVES ALL OTHER WARRANTIES, GUARANTEES,CONDITIONS OR LIABILITIES EXPRESSED OR IMPLIED ARISING OUT OF LAW OR OTHERWISE, INCLUDING WITHOUTLIMITATION CONSEQUENTIAL OR INCIDENTAL DAMAGES. In no event shall you be entitled to consequently damages regardless ofwhether the claim is base on warranty, contract, tort, or otherwise. Some states do not allow the exclusion or limitation of incidental orconsequential damages so the above limitation or exclusion may not apply to you.Express LimitationsNo other guarantee or representations are made other than those expressed in writing by Contract and Warranty, and no parties orsalespersons are empowered to extend the warranties and guarantees stated herein. The terms and conditions set forth in this agreementrepresent the entire agreement between G.L. Hunt Company San Antonio L.L.c. and the owner. OWNER ACKNOWLEDGES ANDAGREES THAT THIS EXPRESS LIMITED WARRANTY IS THE ONLY WARRANTY, EXPRESSED OR IMPLIED, GIVEN BY G.L.Hunt Company San Antonio L.L.C. ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OFMERCHANTABILITY AND WARRANT OF FITNESS FOR PURPOSE, ARE EXCLUDED, NO PARTIES OR SALESPERSONS OFG.L. Hunt Company San Antonio L.L.C. ARE EMPOWERED TO EXTEND THE WARRANTIES OR GUARANTEES STATED HEREIN.THIS WARRANTY SHALL NOT BE EXTENDED, ALTERED, MODIFIED OR VARIED EXCEPT BY WRITTEN INSTRUCTIONEXECUTED BY THE PARTIES IN NO EVENT SHALL DAMAGES FOR BREACH OF WARRANTY EXCEED THE PRlCE PAID BYOWNER TO G.L. Hunt San Antonio L.L.C. ACCORDINGLY. OWNER AGREES TO ASSUME RESPONSIBILITY FOR INSURINGAGAINST OR OTHERWISE BEARING THE RISK OF GREATER DAMAGES G.L. Hunt Company San Antonio L.L.c. SPECIFICALLYDISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS OF THE REPAIRS ANY PURPOSE.

    THE FOREGOING IS OUR SOLE WARRANTY