| Warranty Information
15 Year Warranty
Our PTFE coated fabric material is:
| 1. | produced in accordance with the industries best practices, as known and applied in its manufacturing premises. |
| 2. | free of material defects which will impair it's serviceability for the purpose for which it is designed. |
| 3. | inspected before shipment, and complies with quality norms and published specification sheets; and |
| 4. | in concurrence with Data Sheet as published for the warranted coated fabric on the date of warranty (attached herewith). |
Scope of Warranty
This warranty covers replacement or repair of the Coated Fabric on a reducing scale as follows:
During years 1-10: 100% of material and labor cost of replacement or repair.
During years 11-15: 10% less per year of material and labor cost of replacement or repair, so 90% in year 11, 80% in year 12, 70% in year 13, 60% in year 14 and 50% in year 15.
Description of Warranty
| 1. | This warranty covers the waterproofing and structural performance of the supplied Coated Fabric for fifteen (15) years from Date of Fabric Delivery to the Fabricator, but only when the customer uses and properly installs the Coated Fabric in permanent construction work (the "Project"). |
| 2. | Repair work and associated costs covered by this Warranty, including the dismantling and replacement of the membrane material, will be done at SKYShades expense and will be undertaken at a time agreeable and acceptable to both parties, by a fabricator, subcontractor or installer as determined by SKYShades. |
| 3. | This Warranty does not cover the following: |
| | a. | Any "Force Majeure" circumstances including, but not limited to, acts of God, war, fire, flood, strike, lockout, injunction, accident, breakage of machinery, of apparatus, national defense requirements, abnormal weather conditions, sabotage, riots, explosions, any and all natural phenomena exceeding the design standards, and inability to obtain any or all of the following: fuel, power, raw materials, labor, containers, or transportation facilities; |
| | b. | Damage attributable to the Project's structural analysis or structural design; |
| | c. | Damage attributable to the fabrication design of the erection, the erection work method or the erection itself; |
| | d. | Damage attributable to the design of the erection, the erection work method or the erection itself; |
| | e. | Normal wear and tear; |
| | f. | Damage attributable to method use of or management of the completed membrane structure the adversely affects the reliability or safety thereof; |
| | g. | Damage attributable to cleaning or maintenance of the surface of the Coated Fabric or use of cleaning agents, equipment or materials that are not recommended by SKYShades and usually prescribed in the industry; |
| | h. | Minor deviations from the published performance criteria; and |
| | i. | Small defects or surface blemishes, including minor color differences or soiling due to environmental conditions. |
Conditions Precedent to Liability Under Warranty
FAILURE BY CUSTOMER TO TIMELY PERFORM ANY OF THE FOLLOWING CONDITIONS PRECEDENT WILL RESULT IN THE IMMEDIATE AND AUTOMATIC RELEASE OF ALL LIABLIITY UNDER THIS WARRANTY.
| 1. | The fabricator or the customer must have a registered architect or registered engineer certify in writing the appropriateness and feasibility of the proposed use of the fabric in the proposed project, and a copy of such written certification must be delivered to SKYShades at SKYShades' addresses indicated on the Data Sheet within thirty (30) days after its receipt by the fabricator or the customer, as the case may be. |
| 2. | The Customer must regularly inspect and maintain the structure in accordance with SKYShades recommended maintenance procedures and the customer must keep the inspection records in a log book which must be made available to SKYShades representatives in the event of any perceived problem with the coated fabric. |
| 3. | When any defect in the Coated Fabric causes damage to the structure, the customer must immediately, after the discovery of the damage (within eight (8) hours) report the event to SKYShades at SKYShades' addresses indicated on the Data Sheet or to SKYShades authorized agents or representatives in order to give SKYShades the maximum opportunity to limit damages to the Coated Fabric and the structure to the greatest extent possible. |
| 4. | SKYShades reserves the right to make determinations of its liability under this warranty in any event only after being advised immediately after discovery of the damage (within eight (8) hours) of the event. SKYShades liability under this warranty will not be triggered unless SKYShades is allowed direct and quick access to the site (within twenty-four (24) hours after notice of the event is given to SKYShades ) so that SKYShades may inspect and make an on-the spot investigation of the defect in the Coated Fabric and may determine the causes of the defect, before replacement or repair work is started. In addition, SKYShades must receive from the Customer within a maximum of thirty (30) days after the event a written report prepared by a registered engineer that details all the circumstances of the event, accompanied by a series of photographs that fully illustrate the damages to the Coated Fabric and the structure. |
| 5. | In the event of damage, all repairs covered by this warranty must be performed by SKYShades or its approved agents or representatives. |
Limitations of Liability:
THIS WARRANY IS THE EXCLUSIVE WARRANTY WITH RESPECT TO THE COATED FABRIC LIEU OF AND SUPERSEDES ALL OTHER REPRENSENTATIONS OR WARRANIES, WHETHER WRITTEN OR ORAL, EXPRESS OR IMPLIED.
SKYSHADES EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
SKYSHADES WILL NOT BE LIABLE, WHETHER IN CONTRACT, UNDER THIS WARRANTY, IN TORT (INCLUDING NEGLIGENCE), IN STRICT LIABLILITY OR OTHERWISE FOR ANY PERSONAL IMJURY. PROPERTY DAMAGE, LOSS OF PROFITS OR REVENUE, LOSS OF USE OF EQUIPMENT OR FACILITY, COST OF CAPITAL OR RENTAL, OR FOR ANY OTHER SPECIAL INDIRECT INCIDENTAL OR CONSEQUENTAL DAMAGES OF ANY NATURE RESULTING FROM OR IN ANY MANNER RELATING TO THE COATED FABRIC COVERED HEREBY, ITS DESIGN, USE, AND ANY INABILITY TO USE THE SAME OR ANY DELAY IN THE DELIVERY OF THE SAME.
SKYSHADES IS NOT AND WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSED OR EXPENSES AS A RESULT OR REALATIG TO CUSTOMERS NEGLIGENCE, WHETHER DEEMED ACTIVE OR PASSIVE AND WHETHER OR NOT ANY SUCH NEGLIEGENCE IS THE SOLE CAUSE OF ANY INABLITLIY TO USE THE SAME OR ANY DELAY IN THE DELIVERY OF THE SAME.
THE SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY COATED FABRIC PROVIDED BY SKYSHADES IS AND WILL BE THE REPAIR, CORRECTION OR REPLACEMENT THEROF, IN ACCORFANCE WITH THE TERMS OF THIS WARRANTY.
Governing Law
The terms and provisions of this warranty shall be governed by, construed under and enforced in accordance with, the laws of the United Kingdom, without regard to the Unite Nations Convention on Contacts for the International Sale of Goods.
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