Company Response
9/19/2024
On Thursday September 12th at 10:00 am I arrived at Mr. Oiler's residence to inspect a job that was settling. Upon arrival it was apparent the entire driveway settled to which I informed Mr. Oiler that settling within one year of the job and of the entire driveway was highly unusual. Experience and indications had me investigate the down spout in which Mr. Oiler said drained to a crock in the back yard. Inspection of two different crocks came up negative for residential drain. Mr. Oiler gave me permission and observed while I used a five-foot-long articulating endo scope to check his downspout upon that inspection it was observed that the drains ran underneath the driveway as well there was observable separation of joint in the down spout and sediment was present I recommended that Mr. Oiler have his downspouts and drain inspected by a plumber I believe they are damaged and causing the settling. Mr. Oiler understood my explanation and reasoning. I offered to do a repump of the job but advised Mr. Oiler to scope his drains to which he replied "Doesn't matter I have a lifetime warranty" at that point I advised I would do one repump for him but if it settles again we would need proof that it is not being undermined by damaged downspout and drains washing out earth below our product. Mr. Oiler than said his brother is a lawyer. I explained to Mr. Oiler the terms and conditions of our contract and that him telling me his brother is a lawyer was counter productive to our conversation and I was trying to help him out with doing one repump in which I didn't have to offer he then said I could do what I wanted and "I will see your a** in court". At that point I advised Mr. Oiler that our conversation was over and no repump would be done I couldn't speak any further since whatever I said could be used in court. I feel I went above and beyond to provide a solution to a problem that was not caused by our company as well a customer service to provide warranty service only to be threatened by Mr. Oiler because he did not understand the contract.
Limitation of Liability
All work will be completed in a professional and workmanlike manner. All underground piping, objects, utilities, electrical devices and sprinkler heads are the sole responsibility of the Customer and shall be conspicuously marked by Customer. If the concrete lift fails or the concrete cannot be raised and must be replaced, it is the Customer's sole responsibility to replace the concrete slab. Mr. Level may need to cut back, trim, or modify existing structures or materials that abut to the area to be lifted such as concrete pads, siding, lamp or porch posts in order to allow the concrete to lift to the proper position. CUSTOMER AGREES THAT MR. LEVEL IS NOT RESPONSIBLE FOR ANY REPAIRS OR REPLACEMENT OF ANY STRUCTURES OR MATERIALS CUT, TRIMMED OR MODIFIED IN THE CONCRETE LIFTING PROCESS.
THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THERE IS NO EXPRESS OR IMPLIED WARRANTY OF MERCHANT ABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.
CUSTOMER AGREES MR. LEVEL IS NOT RESPONSIBLE FOR DAMAGES THAT OCCUR DURING, OR AS A RESULT OF, CONCRETE LEVELING OR LIFTING INCLUDING, BUT NOT LIMITED TO, EXISTING LANDSCAPING, PLUMBING OR ELECTRICAL FIXTURES, CONCRETE PADS, FLOORS OR WALLS. FURTHER, MR. LEVEL IS NOT RESPONSIBLE FOR DAMAGES CAUSED BY CONCRETE LEVELING OR LIFTING THAT LEADS TO OR MIGHT LEAD TO ABNORMAL LIFTING, OVER LIFTING, UNEVEN LIFTING, SETTLING OR SIDE PINCHING.
EXCEPT AS PROVIDED BELOW, CUSTOMER AGREES THAT MR. LEVEL SHALL NOT BE LIABLE TO CUSTOMER FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES WHATSOEVER, , INCLUDING BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF REVENUE.
TO THE FULLEST EXTENT PERMITTED BY LAW, CUSTOMER AGREES THAT MR. LEVEL'S, ITS EMPLOYEES', AGENTS', OR SUBCONTRACTORS' TOTAL LIABILITY FOR ANY AND ALL INJURIES, CLAIMS, LOSSES, EXPENSES, OR DAMAGES WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE PROJECT OR THIS AGREEMENT FROM ANY CAUSE OR CAUSES INCLUDING, BUT NOT LIMITED TO, MR. LEVEL'S NEGLIGENCE, ERRORS, OMISSIONS, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY SHALL NOT EXCEED $500, AND ARE CAPPED AT THE TOTAL DOLLAR AMOUNT ATTRIBUTALE TO LABOR PROVIDED FOR THE PROJECT (EXCLUSIVE OF ALL MATERIALS PROVIDED), AND SHALL OTHERWISE BE COMMENSURATE WITH THE ACTUAL AMOUNT OF DAMAGES INCURRED.
Limited Lifetime Warranty
Unless waived by the Customer, based on the parameters set forth below, Customer shall receive a Limited Lifetime Warranty ("Warranty") from Mr. Level that strictly covers re-leveling of a settled or sunken concrete pad that was previously leveled by Mr. Level. This does not include a Warranty on Deep Foam, Break wall or any jobs done within 200 feet of standing water. **WARRANTY COVERS THE FOLLOWING**; Mr. Level will re-level any concrete pad that re-settles more than 1/2 inch. Warranty re-leveling must be
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