<%@ Page Language="C#" ContentType="text/html" ResponseEncoding="iso-8859-1" %> Warranty Letter - ESA Construction
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Letter of Limited Warranty

Owner/Customer :                                                                   

 Project Address:                                                                   

Term:
  
The terms of the coverage of this Limited Warranty begin on the date of Substantial Completion,             , 2006, except for those items identified as incomplete upon the punch list inspection.  The warranty period for all incomplete punch list items shall begin when the Owner and Tenant have mutually agreed that the work is 100% complete.  The final completion date shall be the date certificate of occupancy is issued.

Coverage:  We warrant that: For a period of one-year after Substantial Completion, the ceilings, walls, window covering, if any, and other internal structural components of the lease space which are not covered by other portions of this Limited Warranty will be free of defects in materials or workmanship.

For a period of one-year after Substantial Completion, the plumbing, H.V.A.C., and electric wiring systems, doors (including hardware), electrical switches, receptacle and fixtures; plumbing fixtures and cabinet work will be free of defects in materials or workmanship.

Manufacturers' Warranties:  We assign and pass through to you the manufacturers' warranties on all appliances and equipment.  The following are examples of such appliances and equipment, though not every lease space includes all of these items and some spaces may include appliances or equipment not in this list:  electric water heater, attic stairs, air-conditioning equipment, etc

Exclusions from Coverage:  We do not assume responsibility for any of the following, all of which are excluded from the coverage of this Limited Warranty

1.            Damage due to ordinary wear and tear, abusive use, or lack of proper maintenance.

2.            Defects, which are the result of characteristics common to the materials, used, such as (but not limited to) fading, caulking, and checking of paint due to direct exposure to sunlight.

3.            Defects in items installed by tenant or anyone else except our subcontractors or us.

4.           Loss or damage due to adverse environmental conditions or acts of God.

5.         Conditions resulting from condensation on, or expansion/contraction of materials due to building movement.

6.           Lamps of any type, air filters, normal maintenance of equipment or furnishings.

7.            Loss of wages or income due to repair, replacement,  malfunction, or damage.

 

No Other Warranties:  This Limited Warranty is the only warranty we give.  Implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and habitability, are limited to the warranty periods set forth above.

Claims Procedure:  If a defect appears which you feel is covered by this Limited Warranty; a written notice describing the defect must be sent to our office at our current address of record.  All warranty will be performed during normal working hours (7:00 a.m. to 3:30 p.m.). 

Repairs:  Upon receipt of your written report of a defect, if the defective items are covered by this Limited Warranty, we will repair or replace it at no charge to you, within 30-days (provided there are no labor problems or materials shortages to cause delays).  The work will be completed by us or subcontractors chosen by us.  The choice between repair and replacement shall be determined by the Contractor based on actual conditions or circumstances.

Not Transferable:  This Limited Warranty is not transferable to another tenant; or if lease space is sublet.  If the original tenant moves out within the warranty period, this Limited Warranty will automatically terminate.

(I) (We) hereby acknowledge receipt of the foregoing and say that (I) (We) have read and understand the statements contained herein.

Date of Final Completion:                                                                  Contractor:                                                          

By:                                                                                       

ESA Contact Information:
Bruce Goodhartz  (214) 212-8033
Jorge Fernandez   (214) 532-5253


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