NU FLOW'S 10 YEAR GUARANTEE
The undersigned Nu Flow Contractor (Sunset Plumbing and Pipelining, Inc.) provides a Ten Year Guarantee for as long as the Original Purchaser or Owner ("Owner") owns the property from the date of Substantial Completion for the Work that such piping systems restored by Contractor will be free of failure as a result of defects in material or workmanship with the following provisions:
a) Under normal use, the epoxy lining shall not be de-bond, breakdown or otherwise flake off. Contractor does not warrant against failure caused by, contributed in whole or in part by, or resulting from any of the following: abuse, such as, without limitation, vandalism; the introduction into the piping system of any chemical that would not be permitted in potable water, or chemicals approved for potable water at concentrations higher than approved for potable water; operating the water system at temperatures greater than the commercial hot standard; natural disasters or causes, such as, without limitation, flooding, windstorm, lightning, tornado, or earthquake; attachments to or modifications of the piping system not authorized by Contractor; external causes, where external, physical or chemical qualities produce damage to the epoxy lining such as, without limitation, an unsuitable or hostile environment including the use of a flame or torch on the epoxy lining; or any other cause beyond the Contractor's control including other stresses placed on the pipe or its contents that are not considered normal to the original intended use or function of the piping system.
b) Should the restored piping system be subjected to abuse, such as, without limitation, vandalism; the introduction into the piping system of any chemical that would not be permitted in potable water, or chemicals approved for potable water at concentrations higher than approved for potable water; operation of the water system at temperatures greater than the commercial hot standard; attachments to or modifications of the piping system not completed by methods authorized by Contractor; or other external causes including corrosion to the external surface of the piping that should result in leaks, or where external, physical or chemical qualities produce damage to the epoxy lining such as, without limitation, an unsuitable or hostile environment including the use of a flame or torch on the epoxy lining; or any other cause beyond the Contractor's control including other stresses placed on the pipe or its contents that are not considered normal to the original intended use or function of the piping system this guarantee will become immediately null and void with respect to such affected piping.
The Contractor shall not be liable under any circumstances for any other direct or any indirect general special incidental or consequential damages of any kind from whatever cause except to repair or replace the affected piping as provided herein.
As long as such failure occurs during the guarantee period and the Owner notifies Contractor in writing within five (5) business days of Owner's discovery of the failure of the treated piping system through the notice provisions provided in the Contract Documents, and Contractor is permitted the opportunity to inspect the defect. Contractor will correct the failure by repairing or replacing the affected piping within a reasonable time, without charge to the 0wner. This guarantee is limited to the cost of repairing or replacing the affected piping, including installation or additional treatments, and specifically excludes any costs of repair associated with ancillary damage. Failure to provide Contractor such notice and opportunity to inspect such affected piping will terminate this guarantee. Should Contractor be called to the property for problems unrelated to matters for which this guarantee applies, Owner will be charged a minimum four (4) hour call out fee at rates predominant in the local market.
It is expressly understood and agreed that Contractor shall no way be deemed or held to be obligated, liable or accountable upon or under any guarantees or warranties, expressed or implied beyond this express guarantee. This guarantee is the only guarantee for the pipe restoration provided by the Contractor and is and shall be in lieu of any and all other warranties, express or implied, including but not limited to an implied guarantee of merchantability or fitness for a particular use and of all other obligations or liabilities on the part of the Contractor. None of the Contractor's employees, and no other person or business, is authorized to make any other guarantee on the Contractor's behalf covering the work.
This guarantee is transferable to a new owner of the property for a $300.00 administrative fee payable to Contractor at the closing of the property transaction, and is otherwise non-transferable. In the event owner chooses to transfer this guarantee and notifies the contractor prior to the sale of the property, It is understood that the guarantee will only continue in force for a period of ten (10) years. This guarantee gives Owner specific legal rights.
All new valves and accessories installed, as part of the work shall be covered by the manufacturers guarantee(s) only for the period of such guarantee(s). The Contractor shall turn over all manufacturers equipment warranties to the owner upon completion and final sign-off of the work. Owner shall contact those manufacturers specifically regarding any claims thereto. The Contractor shall warrant the installation of such valves and accessories installed as part of the work for one year after final sign-off of the work.
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