Disclaimers

     Homeowners, contractors, and pool builders, please know that these disclaimers that are on our purchase orders are applied and agreed upon to all jobs, no matter what the situation or circumstance, through any form of a contract either verbal or written, approved or unapproved by you: 

+ Yardage placed can vary due to form setting, steel placement, and proper soil compaction. The yardage estimate of this purchase order is solely intended for the purpose of planning required materials, labor and equipment so that Texan Gunite can complete the job on the day of the shoot. It is not an official representation of the actual material need or to be placed but an estimate of the service requested. You will be charged what is shot/ unloaded regardless of the said estimate or budget.

+ You should be on site to confirm your dig meets your diagram; otherwise, we can only use our best judgment. We are not responsible if your excavator over or under digs your project, thus causing the use of more material. 

+ Pipes in the floor should be buried under rock or gravel or in a way that proper coverage all around the pipe is achieved, otherwise, cracks will result and we are not liable.

+ Cracks caused by improperly installed pipes (creating expansion cracks) are not covered under our warranty.

+ Rebar coverage is set to 3 inches of coverage. Anything less will not be warrantied.   

+ A full truckload of material results in 12 cubic yards of shot material charged per truck. Partial truck material usage is determined by in-field observation and billed accordingly. You should be on-site to sign off on trucks being used and yardage unloaded.

+ Travel (if applicable) is charged from our loading yard in North  Liberty Hill. You are given 20 miles. After 20 driven miles, you will be charged a travel fee on the mixer truck and air compressor trucks only, one way and loaded. There is no fee for the crew trucks.

+ Toll Road Fee (if applicable) will be charged on all mixer trucks and air compressor trucks one way. (some may only go one way depending on location and time of day). We will cover the cost of crew trucks' toll fees.  

+ Rebound and cut material from walls/beams, though we don't recommend, will be used and placed at the discretion of the pool builder and those areas that use rebound will not be under our or any warranty. Make sure you calculate rebound and removal of rebound into your cost and estimate. All rebound calculations, removal, placement outside of the pool and budget are not within the scope or responsibility of Texan Gunite. This falls solely on the pool builder and or homeowner. 

+ Pools must be pumped of water at least 24 hours prior to application of Gunite and must have begun to dry out. Pools must be free of dirt from cave-ins, mud/muck, debris, trash, if not you will be charged accordingly to have it done by Texan Gunite.

+ Plumbing and electricity must be properly installed, aligned and or leveled prior to appearing. Failure to do so will result in delay and or other extra charges and or pull-off fees.

+ Gunite must be protected and continuously soaked with clean water for a minimum 14 days and preferably through  28 (twenty-eight) consecutive days, and highly recommended until the day before the final surface finish (i.e Pebble/ Plaster) beginning the day after Gunite application. The builder is responsible for maintaining weep holes clean throughout the construction process, and for maintaining the Gunite finish properly hydrated. ACI 308 must be followed.

+ Within 15 days (net15) after completion of the shooting project/job, payment in full must be delivered to P.O. Box 1334, Cedar Park, and Williamson County, Texas 78630, where the terms are performable in Travis County, Texas regardless of job site location (unless otherwise agreed upon or noted on the invoice). Payment late fee of $1500* will be added and interest accrues on late payment and amount owed at the applicable maximum lawful rate; and collections, lawsuits and or mechanics lien will be filed in accordance of Texas Property Codes 28, 53, and 162. Enforcement of the Texas Trust Fund Act and Prompt Pay Act are applicable and TCCS rejects and excludes the Contingent Payment Statue. If collection is referred to an attorney, all legal and court fees and costs will become due and will be incurred by the builder. The estimated costs will be derived from the proposal and all waivers of the proposal apply. 

+ Texan Gunite is not and will not be responsible for any fines, dues, and or damages due to the fact that the project has not been inspected by the proper inspectors (either city or private) at the start of the Gunite application.

+ Texan Gunite is not responsible for and is hereby released from any and all liability from damages and yardage miscalculations caused by design, engineering, and excavation miscalculation and or rebar placement.

+ Texan Gunite is not responsible for and is hereby released from any and all claims and liabilities for all and any damages as a result of improper clean up of the project site before and after Gunite. This will be the sole responsibility of the pool builder.

+ All protection of all animals, all other equipment, and all other furniture are disclaimed.

+ If a pull-off is necessary, all charges of a minimum of $1500.00 plus travel if applicable will be the responsibility of the pool builder.

+ Texan Gunite disclaims all liability to public or private driveways, streets, roads, pathways, landscaping, sprinklers and or other property features, fences of any kind, and gates of any kind when we need to situate our equipment near your project construction site and area in order to perform the job you requested.

+ All issues of and due to gunite placement (i.e., placement and amount of rebound outside of the pool, overspray, dust, damages, etc.) must be notified to Texan Gunite within 72hrs. after gunite placement and or before the next phase of the project begins. If after the time allotted Texan Gunite cannot and will not assume any responsibility. 

+ Scheduling cancelation fee of $750 will be charged if the gunite shoot is canceled by the pool builder and given to another gunite company for any reason and not given at least 7 days of written notice prior to the scheduled date with Texan Gunite.

+ Texan Gunite chain of command is to the person who directly hires our company, whether it be another subcontractor, a general contractor, a pool builder, a home builder, or a homeowner. Texan Gunite is hereby not legally responsible or liable for any or lack thereof communication to the person or company who hires the company or person who hires Texan Gunite. 

+Texan Gunite warranty and disclaimers supersede any known and any unknown subcontractor contracts and agreements of any kind and from any year with any party involved with the said project.  

+ The disclaimers, agreements, and warranty made on the Purchase Order and here on the website are enforceable and binding with or without any signature or approval, and or consent of any person or company due to you and or your company agreeing that we provide Gunite services and are enforceable immediately after we begin the gunite application process. 

Hydration of Pool Shell: Gunite continues to cure even after it looks like it is dry. Someone (homeowner, pool builder, etc.) (not Texan Gunite) needs to hydrate the gunite by continuously soaking the gunite for a minimum of 14 days and preferably through 28 days after gunite (we highly recommend hydrating your pool until the day before it is to be plastered or pebbled). This is an important part of the curing process and could affect the overall quality and strength of the gunite. Pools that do not cure properly due to improper curing due to lack of hydration and therefore do not meet certain PSI strengths and or requirements are not covered by our warranty.  Wet Curing methods need to follow ACI 308 standards. 

Cracking: is a natural by-product of the gunite/ concrete swelling and shrinking, due to temperature/ climate conditions and the amount of hydration or lack thereof a gunite pool shell gets after it is shot. It is common to see hairline cracks (also known as spider cracking) on the shell of the pool.  Each pool is different so each situation of cracking will be different as well (if this does even occur). Pools that are open/ stay open (meaning not having been plastered or pebbled or have not been waterproofed) for more than 60 days after the gunite is shot are not covered by our warranty.    

Dusting: Dust is a natural byproduct of the gunite process. Since the material is dry (concrete sand and Type 1 Portland cement) dust is produced when these two materials are mixed together by our auger system, by material dropping into the gunite gun, and at the end of the nozzle when it is being blown into the pool. Texan Gunite is not responsible for any dust damage to buildings or vehicles from the dust being moved by air, wind, and other natural and non-natural methods or causes outside the surrounding area of the pool or project area as well as the unloading and mixing area. Please inform all surrounding neighbors and people that the gunite crew will be coming and to move all their vehicles/ items out of range and or indoors to help prevent any dusting to their vehicles/ items.