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HomeMy WebLinkAboutFIVE POINTS PLAZA (6)Warranty Letters Five Points Town Plaza 101 Broadway La Porte, TX 77571 Date of Substantial Completion February 25, 2010 Contents Warranty Letters for Divisions 1 thru 32 ENTITY RESPONSIBLE SPEC SECTION DESCRIPTION CONTACT NAME ADDRESS PHONE E-MAIL Miller Builders 03 0000 Concrete Kevin Harris 12813 Webercreat Rd, Houston, TX 77048 (713) 991-6767 kevin@mbconcrete.com Brickfield Builders 04 0000 CMU, Class Masonry Randy Tovsen 9945 Easthaven, Houston, TX 77075 (713) 946-0683 rltovsen@comcast.net Milestone Metals 05 0000 Decretive Gates, Railing and Metals Charles Archer 113 W. Lorino, Houston, TX 77037 (281) 448-9151 carcher@milestonemetals.com New Choice Builders 05 4000 CFMF & Sheathing New Choice Builders 06 0000 Rough Carpentry (Framing, Drywall, & Sheathing) New Dawn Enterprises 07 1416 Cold Fluid Applied Waterproofing Sergio Rodriguez 14019 SW Freeway #301-PMB 442, Sugar Land, TX 77478 (281) 575-7300 newdawn-sergio@sbcglobal.net TFC 07 4243 Composite Wall Panels Kevin Moughler 1107 N. Taylor Rd, Garrett, IN 46738 (800) 832-3212 Ext 208 kmoughler@centurionind.com New Dawn Enterprises 07 5423 TPO Roofing New Dawn Enterprises 07 6200 Sheet Metal Flashing and Trim New Dawn Enterprises 07 7100 Roof Specialties American Direct 08 0000 Hardware, Openings Paul Mathis 10856 Vandale Drive, San Antonio, TX 77075 (800) 593-5310 paulm@americandirectco.com H&J Plaster 09 2400 Portland Cement Plaster Jaime DeLeon 2604 Oak Dr., Pasadena, TX 77502 (713) 941-2807 hj.plastering@att.net Ramco 22 1113 Site and Facility Plumbing Andy Harris 900 Hosuton Ave, Pasadena, TX 77502 (713) 920-1836 baharris@ramco-enterprise.com RA Weaver Electric 26 0100 Electrical Systems and Surge Protection Mike Wagner 2309 Center St., Deer Park, TX 77536 (713) 479-4741 raweaverelectric@yahoo.com Convenant Communications 27 0100 General Communications Carol Weisenfelder 6380 N Eldridge Parkway, Houston, TX77041 (281) 807-3500 Ext 201 carol@covcom.com Commercial Choice 31 1000 Site Clearing Blake Kerman 19014 Hamish, Tomball, TX 77041 (832) 347-6448 blakekerman01@yahoo.com Encore Landscaping 32 0000 Landscaping and Irrigation Mike Civitillo 25151 Fulshear Gaston Rd., Richmond, TX 77406 (281) 344-2121 mike@encorelandscape.com IntexUnited 32 0000 Signage Jerry Hancock 12626 W. Bellfort Ave, Houston, TX 77099 (281) 568-4000 jerry@intexunited.com Ironsmith 32 0000 Tree Grates Paula McAdams 41-701 Corporate Way, #3, Palm Desert, CA 92260 (800) 338-4766 PMcAdams@ironsmith.biz Paul E. Allen Company 32 0000 Benches Eric Hiller (972) 724-2656 peaco@grandecom.net Neenah Foundry 32 0000 Inlets Covers Tom Lakatos (920) 729-3657 tlakstos@nfco.com See Section 07 1416 Above for Contact Information Five Points Town Plaza DIVISION CONTACT INFORMATION Roscoe Overton 1230 Hahlo St., Houston, TX 77020 (713) 672-0514 rwoverton@newchoicebuilders.com • • • Concrete Contractors P.o . Box 1847 • Pearland . Texas 77588 • Tel (71 3) 99 1-6767 • Fax (713) 991-4947 w w w .mbconcre1e.com March 1,2010 WARRANTY-GUARANTEE Miller Builders LLP, hereby warrants and guarantees the concrete work which we installed at the project known as Five Points Town Plaza, located at 101 South Broadway, La Porte , Texas 77571 for one year from the date ofsubstantial completion ofFebruary26,2010. We agree to repair or replace to the satisfaction of the Owner all work that may prove defective in workmanship or materials within that one year time period, ordinary wear and tear and unusual abuse or neglect excepted. In the event of our failure to comply with the above mentioned conditions within a reasonable time after being notified in writing, we collectively and separately do hereby authorize the Owner to proceed with the repairs at our expense, and will pay the costs and charges therefore immediately upon demand. TLLER BUILDERS LLP TITLE: Managing Partner N~ W -to~-Tu My Commission Expires: qIJI JI ;;L... I BY: _ I ~+- SUBSCRIBED AND SWORN TO BEFORE ME THIS ~DAY OF ---''---'----=--_-=_---', 20 10 2527 1 of 3 LUMIFLON COATING WARRANTY To: (“Customer”) C.F. Jordan, LP 9801 Westheimer – Suite 320 Houston TX 77042 From: Mitsubishi Plastics Composites America, Inc Project Name and Location: Five Points Plaza 101 South Broadway La Porte TX 77571 Commencement Date of Warranty: 26 February 2010 Mitsubishi Plastics Composites America, Inc. (MPCAI) hereby warrants to the Customer that the Lumiflon-based coating 4mm – MICA MCU Champagne applied, or to be applied, by MPCAI to the aluminum composite materials purchased by Customer from MPCAI will not under normal atmospheric conditions on the coated aluminum for twenty (20) years plus one (1) from the date of shipment. A. Peel, check or crack except for such slight crazing or cracking as may occur on tightly roll-formed edges or brake bends at the time of forming pre-painted sheets, which is accepted as standard; or B. (1) Chalk in excess of a numerical rating of 8 measured in accordance with the standard procedures as outlined by the “Standard Methods of Evaluating Degree of Chalking of Exterior Paint” ASTM D4214-89; or (2) Fade or change in color in excess of 5 color difference units, using ASTM D2244-89 measured on the exposed painted surfaces which have been cleaned of external deposits and chalk and the corresponding values measured on the original or unexposed painted surfaces, it being understood that fading or color changes may not be uniform if the surface is not evenly exposed to the sun and elements; and that gloss (60 0 incident angle) loss will not exceed 40% when measure on exposed painted surfaces which have been cleaned of external deposits and the corresponding values measured on unexposed original painted surfaces. The gloss shall be measured using standard procedures as defined by “Standard Test Method for Specular Gloss”, ASTM D523-89. 2527 2 of 3 This warranty is subject to the following conditions: A. Normal atmospheric conditions exclude corrosive or aggressive atmospheres such as those contaminated with chemical fumes, salt or other corrosive elements. B. The warranty will not apply to any coated surface, which is not on the exterior surface of a metal building. C. The warranty will not extend or cover: (1) cracking or crazing as a result of metal fracture; (2) damage to the coating occasioned by moisture or other contamination detrimental to the coating because of improper storage of the coated metal prior to installation; (3) water damage due to condensation caused by improper packaging of the coated metal prior to installation; (4) damages to the coated metal caused by handling, shipping, processing and/or installation; or (5) damages to the coated metal caused by scratching or abrading after installation; or (6) damages to the coated metal as a result of standing water in horizontal installations; D. The warranty will not be applicable to damage or failure which is caused by acts of God, falling objects, external forces, explosions, fire, riots, civil commotion’s, acts of war, or other such similar or dissimilar occurrences beyond MPCAI’s control. E. Customer shall maintain adequate records to establish identification of the coated material and dates of the installation of the coated metal. Customers shall demonstrate that the failure of the coated metal was due to a breach of the warranty stated herein. F. MPCAI’s exclusive liability under this warranty, or otherwise, will be limited to refinishing, repairing or replacing, at MPCAI’s sole option, the defective coated metal. The warranty on any refinished, repaired or replaced coated metal supplied hereunder shall be for the remainder of the warranty period applicable to the originally coated metal. All warranty work will be performed by a company or contractor selected by MPCAI. Color variance between replacement or repainted product and original shall not be indicative of a defect. G. Claims under the warranty must be made to MPCAI in writing within thirty (30) days after discovery of the defective coating and MPCAI must be given a reasonable opportunity to inspect the coated metal claimed to be defective. H. MPCAI reserves the right to terminate this warranty at any time upon thirty (30) days advance written notice, except with respect to any coated metal which has already been shipped to Customer. 2527 3 of 3 I. All records and samples Customer is required to prepare and maintain under the terms of this warranty shall be retained by Customer for the warranty period applicable to the coated metal, and in the event of a claim hereunder, MPCAI shall have the right to inspect such records and samples, J. All notices under or pursuant to this agreement shall be in writing in English and sent by registered or certified mail, postage prepaid, return receipt requested to: Mitsubishi Plastics Composites America, Inc. ALPOLIC Materials Division Customer Service 401 Volvo Parkway Chesapeake, VA 23320 ALL SUCH NOTICES DEPOSITED IN THE U.S. MAIL AS SET FORTH ABOVE SHALL BE CONSIDERED SERVED WHEN SO DEPOSITED. K. No terms or conditions other than those stated herein and no agreement or understanding, oral or written, in any way purporting to modify this warranty shall be binding on MPCAI unless made in writing and signed by its authorized representatives. L. Except as set forth herein, MPCAI makes no other warranties, expressed or implied, including any implied warranty of merchantability or fitness for a particular purpose, with respect to the product. 5 March 2010 _______________________________________________ Date 2527 1 of 2 METAL COMPOSITE PANEL WARRANTY To: (“Customer”) C.F. Jordan, LP 9801 Westheimer – Suite 320 Houston TX 77042 From: Mitsubishi Plastics Composites America, Inc Project Name and Location: Five Points Plaza 101 South Broadway La Porte TX 77571 Commencement Date of Warranty: 26 February 2010 Mitsubishi Plastics Composites America, Inc (MPCAI) hereby warrants to Customer that the metal composite panels of 4mm – MICA MCU Champagne to be supplied by MPCAI to Customer pursuant to order placed by Customer and accepted by MPCAI are, at the time of shipment, free from defects which would cause the said panels to delaminate to the extent that unevenness of the surface of said panels is visually recognizable by a normal person. This warranty is not applicable to defects of any other sorts or deterioration resulting after shipment caused by any reasons including, without limitation, corrosive or aggressive atmospheres, cut edges exposed to outdoor atmosphere, depreciation, wear and tear, building subsidence, acts of God, defects in the building structure, or other forces, conditions or circumstances unrelated to the quality of the material at date of shipment, or failure of a building owner occupant to do normal maintenance. MPCAI agrees to repair or replace, at its sole cost and discretion, any metal composite panels of such defects as shall have been proven by customer to the satisfaction of MPCAI not to be in compliance with the aforesaid warranty. The above obligation of MPCAI is expressly conditioned upon (I) receipt by MPCAI of notification in writing from Customer of any claimed non-compliance with the warranty pursuant to this letter within thirty (30) days after such non-compliance first comes to the attention of Customer and within ten (10) years after the date of each shipment; (ii) full compliance by Customer with instructions given by MPCAI whether in written or oral form, and normal practices of the design, construction and real property industries and of the industry to which Customer belongs with respect to handling, delivering, storing, processing, treating, installing and maintaining such metal and composite panels (“Instruction and Practice”); and (iii) provision by Customer to its employees, contractors and customers with relevant parts of Instruction and Practice. 2527 2 of 2 Customer’s failure to satisfy any of the above three conditions shall be construed as the waiver by Customer of any right it may have to enforce this warranty. No warranty, expressed or implied, other than specifically set forth above is given or is to be implied with respect to any material furnished by MPCAI and MPCAI expressly disclaims all other expressed and implied warranties, including warranties of merchantability and fitness for a particular purpose. THIS WARRANTY AND REMEDY IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES, WRITTEN OR ORAL, EXPRESSED OR IMPLIED AND INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL MPCAI BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES (INCLUDING, BUT NOT LIMITED TO, ECONOMIC LOSS OR LOSS OF PROFITS) SUFFERED OR INCURRED BY CUSTOMER AS A RESULT OF OR IN CONNECTION WITH ANY REACH OF THIS WARRANTY BY MPCAI EXCEPT IN THE CASE OF GROSS NEGLIGENCE OR WILLFULNESS OF MPCAI. All notices given under or pursuant to this warranty shall be in writing in English and sent by Registered or Certified Mail, postage prepaid, return receipt requested to: Mitsubishi Plastics Composites America, Inc. ALPOLIC Materials Division Customer Service 401 Volvo Parkway Chesapeake, VA 23320 5 March 2010 _______________________________________________ Date Material Supplied To: Five Point Plaza 101 South Broadway La Porte, TX 77571 T F C C a n o p y L i m i t e d W a r r a n t y TFC Canopy, hereby issues the following warranty to the first owners, who are registered purchasers of TFC Products. l. TFC Products are warranted to be free of defects in materials and workmanship for a period of One year from the date of purchase. II. TFC warrants its engineering calculations to meet or exceed all applicable code requirements. lII. Finishes are warranted by the manufacturer of the product as per industry standards. IV. This warranty does not cover or include abnormal conditions including, but not limited to the following events: acts of God, vandalism, abuse, hail storm, fire, harmful fumes, cement, salt spray due to proximity to the coast, chemical spray that in present in industrialized toxic areas and failure to perform standard inspections and maintenance. Furthermore, this warranty for the workmanship does not apply on any project TFC Canopy is not the installer of record. Inconsistencies such as waviness or oil canning, are not cause for project rejection. V. This instrument covers any and all agreements under this warranty either expressed or implied and shall not be modified, altered or extended, except in writing by an authorized officer of TFC Canopy. Substantial Completion: February 26, 2010 TFC CANOPY 1107 NORTH TAYLOR ROAD GARRETT, INDIANA 46738 PHONE (800) 832-3212 www.tfccanopy.com FAX (800) 562-4401 IIRROONNSSMMIITT HH IRONSMITH, INC ♦ 41-701 Corporate Way # 3 ♦ Palm Desert, CA 92260 Phone (800) 338-4766 ♦ Fax (760) 776-5080 ♦ Email: info2u@ironsmith.biz Web: ironsmith.biz LIMITED WARRANTY AND TERMS AND CONDITIONS FOR FURNISHING TREE GRATES, FRAMES AND OTHER LANDSCAPE ARCHITECTURAL PRODUCTS. 1. Ironsmith and the buyer agree that this sale and any other sale of products by Ironsmith shall be governed exclusively by the terms, conditions, warranty provisions and limitations set forth below. This agreement is final and exclusive statement of the agreement between the parties and supersedes all oral or exclusive statement of the agreement between the parties and supersedes all oral or written promises or agreements relating to this sale. These terms may not be amended, modified or rescinded except by a written document signed by both parties. Buyer shall be deemed to have accepted these terms and conditions of sale if buyer expressly agrees to them, accepts any shipment after or upon receiving them, or fails to object in writing to them within five (5) days after receipt of the products. 2. Ironsmith warrants that the products sold herewith will remain free from defects in material and workmanship for a period of five (5) years from the date of shipment by Ironsmith. Ironsmith does not warrant against defect caused by improper use, neglect, alteration of the products, or any defect of which Ironsmith is not promptly notified. Ironsmith does not warrant any coating and/or paint materials applied to its products. Rust is specifically declared not to be a defect in material or workmanship. 3. THE LIMITED WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES ORAL OR WRITTEN, EITHER EXPRESSED OR IMPLIED. NO WARRANTY OF MERCHANT OR FITNESS FOR A PARTICULAR PURPOSE IS GIVEN. 4. No salespersons, agents, representatives or other parties are authorized to modify this limited warranty or make additional warranties or representations with respect to these products except in writing signed by an authorized officer of Ironsmith. Ironsmith’s sole obligation for any breach of warranty is limited to Ironsmith’s obligation to repair or, at its sole option, to provide a reasonable replacement for any defective products or part thereof at no charge to buyer. Ironsmith’s repair or replacement obligations shall be conditioned on prompt notice (see Paragraph 5 below) of the defect by buyer and delivery by buyer of the products to Ironsmith. 5. Buyer shall inspect or test the products for any defect or non-conformity promptly after receipt of the products. Buyer must give Ironsmith written notice of any defects or problems promptly, and in no event later than thirty (30) days after buyer could reasonably have discovered the defect. Any legal action by buyer alleging breach of warranty or other breach, default or tortuous act by Ironsmith (or other seller) must be brought within five (5) years after the date of shipment or one (1) year after buyer could reasonably have discovered the basis for the action, whichever first occurs. IIRROONNSSMMIITT HH IRONSMITH, INC ♦ 41-701 Corporate Way # 3 ♦ Palm Desert, CA 92260 Phone (800) 338-4766 ♦ Fax (760) 776-5080 ♦ Email: info2u@ironsmith.biz Web: ironsmith.biz 6. The laws of the State of California shall govern in all respects the validity, construction and interpretation of this warranty and the rights and obligations of the parties. This sale shall be deemed to have been made in Riverside County, California, and any lawsuit arising out of or relating to the sale may be brought only in a competent court of jurisdiction located with Riverside County, California. In any action arising out of or related to this sale, the prevailing party shall be entitled to recover legal costs and collection expenses, including reasonable attorney’s fees incurred therein. 7. IN NO EVENT SHALL IRONSMITH (OR ANY SELLER OR SALES REPRESENTATIVE) BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES OF ANY TYPE OR SOURCE, WHETHER RESULTING FROM BREACH OF CONTRACT, STRICT LIABILITY, NEGLIGENCE, OR OTHER TORT, IN NO EVENT WHATSOEVER SHALL BUYERS DAMAGES RECOVERABLE AGAINST IRONSMITH (OR ANY OTHER SELLER) EXCEED BUYER’S PURCHASE PRICE. 8. Buyer has determined or will determine: (1) which products to purchase and use: (2) how and where the products are to be installed and used: (3) what safety precautions to take: and (4) what warnings to make to the public. Consequently, the buyer alone is responsible for (and buyer will fully indemnify Ironsmith against) any claims, damages or cost allegedly caused by said products (including all claimed personal injury or property damage), unless caused primarily by a defect in material or workmanship. 9. Ironsmith will use its best efforts to fill buyer’s orders in a timely manner, but it is understood that lead time requirements and delivery dates will vary and that all delivery dates are, at best estimate only. Ironsmith (and any other sales representative) shall not be liable for any damages resulting from any loss due to any cause beyond its control; including without limitation, acts of God, acts of buyer or any of its agents, embargo, government act, regulation or order, fire accident, strike, slowdown, war, riot, transportation delays, etc. 10. All accounts are delinquent on the 30th day following the date of shipment. A monthly service charge of 1-1/2% shall be charged on all sums not received in full on said date.