In the event of suspension or delay of works as a result of instruction or lack of instruction from the customer/client or his/ her representatives, the quoted price may be increased at the discretion of Maida Pipeline Solutions (Maida) to cover extra expenses incurred thereby.
Due to the nature of the works being undertaken by Maida and the fact that Maida is working with aged and damaged pipes that are otherwise difficult to access, circumstances can arise that are beyond the reasonable control of Maida that will necessitate variations to the work to be undertaken (including possible excavation) and may require Maida to amend its quotation.
These circumstances include: –
Maida agrees to reasonably cooperate in assisting the customer obtains any necessary approvals.
The undersigned Nu Flow contractor (“the contractor” herein) provides a 50-year warranty from the date of substantial completion for the work that such piping systems restored by the contractor will be free of failure as a result of defects in workmanship with the following provisions:
a) Under normal use, the epoxy lining shall not de-bond, break down 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 household sewer drainage systems such as “drain uncloggers”; use at temperatures greater than the domestic hot standard; natural disasters or causes, such as, without limitation, flooding, windstorm, lighting, tornado or earthquake; attachments to or modifications of the piping system not authorised by the 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 another 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 by subjected to abuse, such as, without limitation, vandalism; the introduction into the piping system of any chemical that would not be permitted in household sewer drainage systems, at temperatures greater than the domestic hot standard 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 of function of the piping system, this warranty will become immediately null and void with respect to such affected piping.
c) 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 warranty period and the Owner notifies Contractor in writing within five (5) business days of Owners 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 Owner.
This warranty is limited to the cost of repairing or replacing the affected piping, including installation or additional treatments, and specially excluded any cost of repair associated with ancillary damage or loss of income due to pipe being out of service.
Failure to provide Contractor such notice and opportunity to inspect such affected piping will terminate this warranty, Should Contractor be called the property for problems unrelated to matters for which this warranty 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 the Contractor in 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 warranty, This warranty is the only warrant 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 warranty merchantability, or fitness for a particular use an of all other potential damages, and as a result may not apply to Owner.