Sandy Oaks-CS 810901 (2) CertainTeed Corporation
Pipe & Plastics Group
CertainTood BI
Valley Forge, PA 19482
(2151 687-5000
AGREEMENT
WHEREAS, American Developers and Contractors installed 3500
lineal feet of CertainTeed C-900 Vinyl Iron Pipe lengths and coup-
lings at the following location in the City of Coppell, Texas,
to-wit *(As Described o~ Page 2) ; and,
WHEREAS, since the contractor purchased said pipe and it was
of a different type than the type specified by the City, CertainTeed
wishes to extend to the City of Coppell, Texas, in consideration of
acceptance of such line, an additional warranty as herein set out.
NOW~ THEREFORE, the undersigned parties hereby agree as follows:
1. In the event the City of Coppell experiences line failure
in the above described line or its couplings, during the ten (10)
year period commencing July 13, 1981 , the date of delivery of
such pipe to the Job Site, which the City concludes is due to a man-
ufactruing defect or a failure in the pipe, joints or couplings, the
City shall give CertainTeed the reasonable opportunity bo inspect
the pipe and couplings. The City of Coppell shall under no circum-
stance be responsible for any costs incurred by CertainTeed in mak-
ing such inspection.
2. CertainTeed agrees and warrants that after having such op-
portunity to inspect such pipe it will at its option, replace or
repair without charge, including costs for removal or reinstallation,
those of the above described 3500 lineal feet of C-900 Vinyl Iron Pipe
lengths and couplings which have failed due to defective CertainTeed
product, or due to failure to install the originally specified pipe
01-90-2125
-2-
and couplings. CertainTeed shall not be required to take such action
under this warranty if it is proven by CertainTeed that such failure
was not due to a manufscturing defect and such failure would have
occurred even if the correctly specified pipe and couplings had been
installed.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT
SHALL CERTAINTEED BE RESPONSIBLE FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES OF ANY KIND, OR FOR FAILURES OR DAMAGES DUE TO IMPROPER IN-
STALLATION BY THE CONTRACTOR, IMPROPER MAINTENANCE OR OPERATION BY THE
CITY, ACTS OF GOD OR ACTS OF THI~__.~P~_TIES.
EXECUTED this ay of / · , 1981.
Fred Timpe, President f*' -~ ~'
Pipe And Plastics Group
* Being a tract or parcel of land situated in the City of
Coppell, Dallas County, Texas and being a part of the
S. Henderson Survey Abstract No. 629 and being that
Twenty (20) Acre Tract comveyed to Walter D. Clarke
as filed in Volume No. 2733, Page 118 of the deed of
Dallas County, Texas.