Terms and Conditions

Limited Warranty 

This Limited Warranty is from Foundation Werks (“Contractor”) to each purchaser (“Customer”) of any of the products described in the “Limited Warranty” section below (“Products”) which are installed by Contractor at Customer’s property (“Property”). This Limited Warranty is made by Contractor in lieu of and excludes all other warranties, express or implied, relating to the Products and to any services or other products provided by Contractor in connection therewith, including any IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. All such implied warranties shall be limited in duration to the term of the Limited Warranty set forth below. For the applicable time periods indicated below, this Warranty is transferable at no charge to future owners of the structure on which the work specified in this Contract is completed. This Warranty is in effect if the job specified in this Contract is completed and paid in full and, alternatively, is null and void if full payment is not received. All Other Products except for the Products listed in the “Limited Warranty” section, Contractor makes no express warranty, and disclaims all implied warranties, for any other product or service provided by Contractor to Customer. All work will be completed in a workmanlike manner according to the standard practices of the industry. Any claims made pursuant to this Limited Warranty should be addressed in writing to the Contractor at 2150 S. Central Expressway Ste.200, McKinney, TX. 75070

For concrete slabs raised by Contractor with High-Density polyurethane foam, Contractor warrants that, for a period of two years from the original date of installation, the area where the slab of concrete was lifted will not settle causing a trip hazard of more than ¼ inch or Contractor will provide the labor and materials to re-lift the area at no additional cost to the Customer. A re-lift is constituted as using the same holes the original work was completed with. Any additional work outside of those holes will be billed at market rate. In the event cracking of the concrete occurs during the installation process, Contractor will route out crack and seal with crack sealant at no additional cost to the Customer. The contractor does not represent that High-Density Polyurethane foam will lift the Customer’s slab to meet any criteria of levelness, but instead that it will lift the slab as much as practical. This Warranty is void if Customer does not maintain grade around slabs or seal joints and cracks with a liquid applied joint and crack sealant. If the seal is done outside of Foundation Werks we must be sent pictures showing the areas sealed within 24 hours from date of repair to prevent warranty from being voided. The warranty is void if the customer does not install gutters or trench drains after the suggestion of Foundation Werks. This Warranty does not cover the vertical heave of the slabs due to outside forces. 

Force Majeure: Foundation Werks shall not be responsible for any delay in the delivery of, or failure to deliver, the work due to causes beyond Foundation Werks reasonable control including, without limitation, acts of God, adverse weather conditions, natural disasters, Labor difficulties, acts of war or terrorism,  strikes, embargoes, delays caused by civil authorities, governmental regulations or orders, lightening, fire or any other cause beyond Foundation Werks control with respect to the work, whether verbally or in writing, are good faith estimates of the time needed to complete the work.

Invoicing & Payment: Foundation Werks shall invoice and receive payment upon receipt. “Receipt” is the date the invoice is sent. A late charge of 1.5% will be charged on all unpaid balances (3) days from the invoice date. If Client fails to pay, Foundation Werks will refer account(s) to a third party for collection and will charge all costs associated with non-payment. Client is entitled to written lien waivers upon receipt by Foundation Werks of full payments as called for in this proposal. Texas construction liens will be filed, as required by the Texas construction lien law. Jobs over $4000.00 will require a 50% deposit. 

 

Utility Protection Plan: Foundation Werks shall not bear responsibility for any damages to utility equipment on client’s property. Including but not limited to landscaping, sprinkler system, pipes, cable, gas or electrical lines, plumbing, drains and pool equipment. The client acknowledges and agrees that client will be responsible for accurately marking the locations of all v utilities, plumbing and vital lines prior to the commencement of any work by Foundation Werks. Foundation Werks is not responsible for cracks in slabs, floor or walls or damage that might have occurred because of settling or the lifting process.

For additional protection against potential utility damage caused by Foundation Werks, the client has the option to purchase a warranty for the exterior for $199.00 and an interior protection plan for $399.00. This payment must be made before commencement of any work. It is important to note that the warranty is non-refundable if no damage occurs during the project.  Should the customer decline the exterior utility protection plan or the interior protection plan, the Customer will hold Foundation Werks harmless for any interior/exterior damage associated with the repair process. 

Joint and Crack:  Sealant for areas where Contractor has installed Joint and Crack Sealant (“Sealant”), Contractor warrants that, for a period of one year from the original date of installation, the Sealant will remain intact. In the event the Sealant does not stay intact, Contractor will re-apply the Sealant to the area at no additional cost to the Customer.

Werks Protection Plan: For areas where Contractor has installed a Werks Protection Plan, Contractor warrants that, for a period of five years from the original date of installation, the concrete will not settle more than ¼ inch and the joint sealant will remain intact. In the event the concrete settles more than ¼ inch or the joint sealant does not stay intact, Contractor will provide the labor and materials to re-lift the concrete and/or reseal the joints. This warranty is an extension (2 years to 5 years) of the standard High-Density Polyurethan Foam lift and sealant warranties above, the same restrictions apply. The leveled protection plan will be billed at $2.00 per square foot. 

Concrete Replacement: For areas where Contractor has replaced or poured new concrete, Contractor will warranty that, for a period of 1 year from the original date of installation, the concrete will not settle more than ¼ inch causing a trip hazard. If concrete settles more than ¼ inch and causes a trip hazard, Contractor will lift concrete at no cost to the customer. CONTRACTOR DOES NOT WARRANT CRACKING OR SURFACE CHANGES TO NEW CONCRETE AT ANY TIME. 

Exclusions: THIS WARRANTY DOES NOT COVER, CONTRACTOR SPECIFICALLY DISCLAIMS LIABILITY FOR, AND CUSTOMER HOLDS CONTRACTOR HARMLESS FROM: 1) exterior waterproofing; 2) plumbing damage; 3) Customer-caused damage; 4) dust from installation; 5) damage to real or personal property such as walls, countertop, or floor coverings, framing, sheetrock, exterior materials, cabinets, appliances, and so on, including any damage alleged to have been done by the Contractor’s use of heavy equipment necessary to complete the job; 6) any injury or damage caused by mold to property or person; 7) failure or delay in performance or damage caused by acts of God (flood, fire, storm, methane gas, etc.), acts of civil or military authority, or any cause outside Contractor’s control; 8) damage from a lifting operation; 9) basement water seepage; and 10) damage from heave, lateral movements/forces of hillside creep, land sliding, or slumping of fill soils; 11) Any HVAC Vents, tubes, hoses, or Air Ducts; 12) Pool Skimmers, piping, pool pumps, pool cover, pool waterfall, pool coping, boulder walls, cool decking, wood decking, pool deck steps, retaining walls around pool decking and pool deck Liner and Lighting. In no event shall Foundation Werks be liable to customer or any third-party for incidental or consequential damages. Including without limitation, claims for loss of business or lost profits resulting from or arising out of the work. 

Items For Which Customer Is Responsible: Customer Shall: 1) make full payment to the crew leader upon completion of work; 2) prepare the work area for installation; 3) be responsible for any finish carpentry, painting, paneling, landscaping, etc. that may be necessary after Contractor’s work is finished; 4) mark private lines (satellite, propane, sprinkler, etc.) 5) maintain positive drainage away from the repaired wall(s); 6) keep gutters clean and in good working order; 7) direct downspouts a sufficient distance away from the repaired wall(s); 8) maintain proper expansion joints in concrete slabs that are adjacent to the repaired wall(s); and 9) any items mentioned in this Contract under “Customer Will” or “Additional Notes.”

Cancellation/Termination of Work: Contract may be terminated by customer at any time by giving written notice. Should the customer request to be present for the work, the crew will only wait a maximum of 15 minutes before moving on to the next scheduled job. Should our crew be turned away with less than 24-hour notice, a $100.00 fee will be billed to cover fuel and labor costs. 

Entire Agreement: This Agreement constitutes the entire understanding and agreement between the parties concerning the subject matter hereof and cancels and supersedes all previous or additional agreements, whether written or oral, between the parties relating to this subject matter. The parties may amend this agreement only by a written agreement signed by both parties. This agreement shall be construed and governed under the laws of the State of Texas, without application of conflict of law principles. All actions or counterclaims regarding the enforcement of interpretation of this agreement shall be initiated and prosecuted exclusively in the state court sitting in, or the federal court having jurisdiction over, the county in which the work was performed. Foundation Werks and customer both consent to the jurisdiction and venue of such courts expressly. 

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