1. Peter Cox
Ltd issues this Guarantee subject to payment of its account in
full and in accordance with the
contract terms and conditions
2. Peter Cox Ltd
guarantees to the Client for 5 years from the end of the month
of completion that upon being
notified as soon as reasonably
possible of water having penetrated waterproofing carried out by
Peter Cox
under the contract it will,
provided the Client has kept the Property well repaired and
maintained, upon
production of this Guarantee,
survey report (including any drawings) and specification and the
pre-payment of
a re-inspection fee (which
shall be refunded should treatment under the terms of the
Guarantee be required),
inspect the wall, floor or
soffit to which the waterproofing was applied and carry out
further waterproofing to the
wall, floor or soffit to
prevent such penetration in accordance with its original terms
and conditions.
3. This Guarantee shall not apply,
however, if such penetration is caused by:-
a) any settlement,
movement or defect of the wall, floor, soffit or foundations or
any interference with, piercing
of, or damage to, the applied waterproofing.
b) any penetration
through areas other than directly through those to which
waterproofing was applied.
c) any failure of
drainage or any sump pump (which should be maintained by the
client in accordance with
the manufacturer’s recommendations) and/or changes in the
surrounding water table or any similar acts or
events beyond the control of Peter Cox Ltd.
4. In the event of any transfer of
ownership of the property covered by this Guarantee Peter Cox
Ltd will recognise
the successor in title as the
person entitled to the benefit of this Guarantee for its
remaining term subject to
their application for
re-assignment and the payment by them of the company’s then
current transfer
administration fee within 90
days of the transfer of ownership.
5. Peter Cox Ltd undertakes to
deal with any claim under its Guarantee promptly and fairly;
this Guarantee is in
addition to the Common Law and
Statutory Rights of the client which shall remain unaffected. |
