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HomeMy WebLinkAboutWarranty DocumentTermi-mesh Systems 9519 IH -35 North Austin, TX 78753 512-997-0066 February 28, 2008 Kerry & Kathy Giese 1016 Santuary College Station, TX 77840 WARRANTY DOCUMENT TERMIMESH Stainless Steel Termite Control System THE WARRANTY - (NEW CONSTRUCTION): 1. This Warranty is given by TERMIMESH, LLC. Austin, Texas ('TERMIMESH") regarding the installation of the TERMIMESH System ("SYSTEM") - for the prevention of subterranean termite infestation of the premises detailed: SERVICE ADDRESS: 1016 Santuary, College Station 77840 OWNER: Kerry & Kathy Giese INSTALLATION DATE: 01/22/2008 WARRANTY ACTIVATION: 01/22/2008 ! The Warranty is for an initial period of one (1) year(s), beginning from the installation date listed above and subject to strict compliance i the terms / conditions of this Warranty. The Warranty is renewable by the Owner,;beyond the initial period, see paragraph 10 for more information. 2. Subject to the following terms and conditions, TERMIMESH warrants that the structure will be free of infestations by subterranean termites, including the Formosan termite species, caused by failure of the "SYSTEM", provided that all components of the stainless steel mesh and structure are constructed in accordance with the relevant building codes for the plans and specifications for the job. For slab c grade construction, the slab is considered part of the "SYSTEM" provided that it is constructed;in accordance with good building practice! ACI or PCA concrete standards and all applicable building codes. See "Exclusion's. to Warranty' section below for additional exclusions t Warranty resulting from construction practices and issues. 3. If termite infestations occur Inside the premises, as a result of the failure of they"SYSTEM", during the Warranty period, TERMIMESH j The burden of investigation and proof that the TERMIMESH SYSTEM has failed shall be the Owner, and TERMIMESH shall be notified in writing and allowed to view the alleged. breach prior to any modification or disturbing of the area of the alleged breach. Failure to comply with this agreement shall render this Warranty, and all other express or implied warranties, void. The Owner acknowledges and agrees that the liability of TERMIMESH, LLC. Austin, Texas, under this Warranty, is limited to the obligation stated in paragraphs 2 and 3 and does not, in any circumstance, extend to cover any damage to the building, consequential loss or damage suffered by the Owner other than those specifically stated herein. 4. This Warranty shall be void and have no effect if, on or after the date of installation: (a) The stainless steel mesh is damaged, modified, on or otherwise interfered with by any person (other than TERMIMESH) or any fact, matter or thing beyond the reasonable control of TERMIMESH; or (b) The premises are structurally modified, altered or otherwise changed In a way that affects the accessibility of the structure by termites. 5. This Warranty shall be void and have no effect if, on or after the date of installation, the Owner (or any permitted assignee under Paragraph 8): (a) allows or fails to prevent accumulation of: (1) Wood, rubbish or timber next to'structure (2) Sol] or any material obstructing visual inspection of the edge of the foundation or around the structure (3) Finish soil grade is less that four inches fro the top of the slab. 6. This Warranty does not cover termite entry by bridging over the "SYSTEM" barrier due to concrete failures in the slab. In addition, the Warranty does not cover other areas of the structure where construction practices lead to potential entry points for termites where the "SYSTEM" was not installed. See "Exclusions to Warranty" section below for details. .Z_ -If the -Owner wishes to.madffy, alter—or c anae tbe,premises (including landscaping)_the.Qwfter must giv_e_TERMIMESN_ at least 30 days. prior notice in writing. This Warranty will only continue to apply under these circumstances if TERMIMESH either: (a) Gives notice in writing to the Owner prior to any proposed modification, alteration, or change to the premises that the proposed modification, alteration, or change will not affect the integrity and effectiveess of the "SYSTEM" or (b) Recommends, and the Owner agrees, to any additional measures recommended by TERMIMESH to ensure the integrity and effectiveness of the "SYSTEM" and the additional measures are implemented as recommended. The cost of any such measures shall be the sole responsibility of the Owner. B. The benefit of this Warranty is personal to the parties named and may only be assigned by a party with the prior consent in writing of TERMIMESH, such consent if given to be within 60 days of the transfer of the ownership of the premises. 9. To the extent permitted by law, all representations and other warranties expressed or implied and whether arising by virtue of statute or otherwise are waived, excluded, modified, or limited by the provisions of the Warranty. 10. The Owner is responsible for the cost of renewing the Warranty beyond the initial period. The annual renewal cost of $ 150.00 +tax, allows for TERMIMSH personnel to conduct an annual inspection inside and outside of the premises. The Owner shall provide full cooperation and access to the property for the inspection. Failure to conduct the inspection will result in voiding the Warranty. TERMIMESH reserves the right to increase the cost of the inspections beyond the::(nitial period. We certify that the "SYSTEM", excluding the slab, was fully and solely installed by a certified TERMIMESH installer. Issued by: TERMIMESH, LLC, Austin, Texas —vtona Moll.. - -date:-02r28/208 STRUCTURESINCLUDED: