FOUNDATION REPAIR

In association with GL Hunt L.L.C

DEFINITIONS, EXCLUSIONS AND CONDITIONS OF THE LIMITED WARRANTY Scope of Warranty - What is Covered?
This limited Lifetime Warranty, hereinafter referred to as "Warranty" applies only to the work performed by Max Home Shield under the terms and conditions of the attached CONTRACT executed on: ____________ Provided that Owner or New Owner has complied with the provisions of this warranty, then ifthere is any vertical DOWNWARD settlement of more than 1/2" occurs in the piered area, other than settlement caused by earthquake, severe wind, flood, extreme change in water table, other Acts of God, or any similar man-made condition, then Max Home Shield, will at no cost or expense to the current homeowner, will correct any defect in workmanship or material that may have occurred in order to stabilize the area. WARRANTY includes adjustment of piers and pilings only. Max Home Shield will reshim pier and beam homes for a period of five years from original install date at no cost to the homeowner, provided the home is supported by Max Home Shield concrete P&B System and that proper foundation maintenance is performed by home owner. One year warranty for a reshim provided the Pad and Block or Pier system is concrete. There is no warranty offered for a reshim on cedar post or other wood material. Should rotting wood on the underside of the home be the cause of foundation movement, customer will be advised of the additional cost to replace rotted wood. Max Home Shield will not reshim pier and beam homes which have settled as a result of rotted wood.

Warranty Period
The Limited Lifetime Warranty Period commences on the date repairs are completed and continues through the life of the home, so long as said structure is used for the same purpose as used at the time work was completed and there have been no additions to the structure that would increase the load on the installed piers or pilings. This Limited Lifetime Warranty is contingent upon timely payment per the terms of the CONTRACT. Any uncured nonpayment of the obligations under the CONTRACT by the Owner will result the Limited Lifetime Warranty becoming null and void. Any reinstatement of the Limited Lifetime Warranty will be at the sole discretion of Max Home Shield

Exclusions - What is Not Covered
Max Home Shield shall not be responsible for damage caused by the Owner or Owner's agents, employees, or other contractors, acts of God, soil slippage, earthquake, fire, non-coverage by insurance policy, riot, civil commotion, or acts of public enemy. Max Home Shield shall not be responsible for damage to driveways, walks, lawns, trees, shrubs, and items of personal property. It is agreed and understood that Max Home Shield shall not be responsible for pre-existing defects or damage to property. Max Home Shield specifically excludes repair for cosmetic damages, or plumbing separation that may occur during the pressure grouting or lifting procedure. Max Home Shield shall not be responsible for damage or settlement in areas not supported by Max Home Shield piers (including interior portions of slab or formations supported only by mud pumping); as a result of structural repairs and/or shimming of interior portions of Pier & Bean floor systems; or for piers installed under wing walls, which are or were not supported by grade beams poured monolithically with the foundation. Max Home Shield shall not be responsible for damage or settlement: cause by 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 Max Home Shield work caused by elements of fire, acts of God, or any cause beyond Max Home Shield reasonable control; or caused by lack of proper maintenance as defined by the handout on Foundation Maintenance provided with this Limited Lifetime Warranty. Max Home Shield, 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.

Exclusions - What is Not Covered
Max Home Shield shall not be responsible for damage caused by the Owner or Owner's agents, employees, or other contractors, acts of God, soil slippage, earthquake, fire, non-coverage by insurance policy, riot, civil commotion, or acts of public enemy. Max Home Shield shall not be responsible for damage to driveways, walks, lawns, trees, shrubs, and items of personal property. It is agreed and understood that Max Home Shield shall not be responsible for pre-existing defects or damage to property. Max Home Shield specifically excludes repair for cosmetic damages, or plumbing separation that may occur during the pressure grouting or lifting procedure. Max Home Shield shall not be responsible for damage or settlement in areas not supported by Max Home Shield piers (including interior portions of slab or formations supported only by mud pumping); as a result of structural repairs and/or shimming of interior portions of Pier & Bean floor systems; or for piers installed under wing walls, which are or were not supported by grade beams poured monolithically with the foundation. Max Home Shield shall not be responsible for damage or settlement: cause by 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 Max Home Shield work caused by elements of fire, acts of God, or any cause beyond Max Home Shield reasonable control; or caused by lack of proper maintenance as defined by the handout on Foundation Maintenance provided with this Limited Lifetime Warranty. Max Home Shield, 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 Max Home Shield and with the inspection of the property by Max Home Shield Proper notice to Max Home Shield 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 Max Home Shield shall have ten days to perform inspection of the property. If in the sole discretion of Max Home Shield the property has not been properly maintained, then Max Home Shield reserves the right to terminate the Warranty by providing written notice of termination to the new owners. Transfer of Warranty
Max Home Shield 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 Max Home Shield shall have no obligations hereunder if:

  1. Owner defaults on any payments owing to Max Home Shield and such defaults remain uncured for 30 days after written notice of default provided to the owner by Max Home Shield
  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 pool or other underground facility is installed within 10 feet of repaired area.
  5. IF any warranty is voided for any reason, Max Home Shield 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 Max Home Shield 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. I frequested 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 Max Home Shield liability for damages under the contract or the warranty.

Limitation of Damages
It is agreed and understood that the full extent of Max Home Shield liability in this work shall not exceed the agreed price of this work. Max Home Shield excludes any and all consequential damages resulting from the work performed. Max Home Shield 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 Max Home Shield and the owner. OWNER ACKNOWLEDGES AND AGREES THAT THIS EXPRESS LIMITED WARRANTY IS THE ONLY WARRANTY, EXPRESSED OR IMPLIED, GIVEN BY Max Home Shield ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY AND WARRANT OF FITNESS FOR PURPOSE, ARE EXCLUDED, NO PARTIES OR SALESPERSONS OF Max Home Shield 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 Max Home Shield ACCORDINGLY. OWNER AGREES TO ASSUME RESPONSIBILITY FOR INSURING AGAINST OR OTHERWISE


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