Statement of Limited Warranty for Elemental Shelter Solutions, LLC Products

 

1.  Scope of Limited Warranty

(a) Elemental Shelter Solutions, LLC (“Elemental”) provides this limited warranty (“Warranty”) to the purchaser of Elemental products (“Building Owner”) that the building products and components manufactured by Elemental or Suppliers of Elemental (“Materials”) for the purposes of constructing a building (“Building”) and as described in this agreement are warranted for the period set forth herein to be free of defects in materials and workmanship under normal use and proper maintenance. Additionally, Building membranes are also warranted against damage caused by hail and deterioration caused by ultraviolet rays, when such damage or deterioration results in the loss of effectiveness of the membrane as a weather barrier. Refer to the Maintenance Manual for proper care of your building.

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(b) This warranty shall be effective only if and when:

i) The Warranty is properly registered in accordance with Section 2, below; and,
ii) Elemental receives written notice of such defect within seven (7) days after its discovery and during the period of the warranty.

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(c) This Warranty excludes any loss, defects, damage or failure resulting from:

i) any installation, maintenance, modification, alteration, repair or rework of the product that is improper, unauthorized, inadequate and/or not in accordance with Elemental instructions or in a manner approved in writing by Elemental;

ii) neglect, misuse or abuse of product;

iii) accident;

iv)  integration with other products or accessories not manufactured specifically for use with the Elemental Building;

v) exposure to corrosive elements;

vi) corrosion resulting from Building application, environment, and/or insufficient maintenance or any cause other than a defect in an item’s described corrosion protection;

vii) use of abrasive cleaning methods, chemicals, or solvents;

viii) exposure to conditions in excess of, or not meeting, as the case may be, the wind and snow load specifications of the Building model;

ix) foundation design and/or installation and/or deficiency in the foundation;

x) product upgrades;

xi) product recall;

xii) normal wear and tear;

xiii) wear caused by multiple installations;

xiv) storage and/or handling of the Materials;

xv) an act of God, including but not limited to, ice, snow, or wind;

xvi) negligence, misconduct, misuse or abuse of the Materials by a party other than Elemental; and/or xvii) failure of the Materials occurring during a period when Building Owner fails to provide access to Elemental to the Materials.

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(d) The Warranty is void if the Materials or Building are not assembled in strict compliance with Elemental specifications.

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(e) Should any Materials be found to have manufacturer’s defects under normal use, the defect(s) will be repaired or the Materials replaced, at the option of Elemental.  The costs or repair and replacement shall be shared by Elemental and Building Owner as set forth in Section 5.  The repair or replacement of the Elemental Materials (or, if repair or replacement is not feasible, a refund of the purchase price pro-rated in accordance with Section 5) shall be the Building Owner’s sole and exclusive warranty, and no other warranty is provided or implied.  Elemental reserves the right to remedy defect(s) through the supply of new, used, or rebuilt parts, or on-site repair, at the option of Elemental.  Due to ongoing product development, certain materials, components or membrane colors may no longer be available. In those situations, Elemental reserves the right to substitute replacement Materials that are comparable only in function, quality, and price to the original. Elemental shall not be liable if the replacement component varies in appearance from the original.  If Elemental elects to repair or replace the defective product or component, Elemental shall have a reasonable time to do so.  Any parts repaired or replaced under this warranty are subsequently warranted only for the remaining unexpired portion of the warranty period applicable to the original product. The total values of Elemental’s services required to be performed under this Warranty with respect to any Materials shall not exceed the original cost of the Materials supplied to Building Owner.

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(f) THE WARRANTY SET FORTH IN THIS AGREEMENT IS EXCLUSIVE AND ELEMENTAL EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE.  THERE ARE NO OTHER WARRANTIES, AGREEMENTS, OR UNDERSTANDINGS, ORAL OR WRITTEN THAT EXTEND BEYOND THOSE SET FORTH IN THIS AGREEMENT WITH RESPECT TO ELEMENTAL SUPPLIED MATERIALS OR COMPONENTS.

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2.  Warranty Registration

          Warranty registration packages are emailed following the sale of your building. Follow all instructions, complete warranty registration below and            submit to Elemental within 15 days of the installation of the Building. A Warranty Certificate will be made available once all requirements are                  met. The Warranty Certificate may not be issued if building or any components thereof are not assembled in accordance with the installation                  instructions. The Warranty Certificate may be issued upon correction of identified deficiencies verified by additional photographs 

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3.  Additional Limitations and Release of Liability

(a) This warranty does not apply to cosmetic defects or deterioration, including discoloration. This warranty does not apply to any products not manufactured by Elemental. No one is authorized to change or add to this warranty. Elemental shall not be liable for any damages incurred during or as a result of installation of Elemental product, whether or not in accordance with the installation instructions. By registering for and taking the benefit of this warranty, the Building Owner expressly releases and discharges Elemental and its affiliates from all claims, causes of action, demands, actions, suits, judgments and executions for any loss and/or damages, bodily or otherwise, that the Building Owner ever had, now has, or may have by reason of the assembly, erection, use and/or operation of any Elemental Building. All references to Building Owners, Elemental all distributors and all dealers, include such parties’ spouse, heirs, successors, legal representatives and assigns. Any action to enforce any claims against Elemental must be commenced within one (1) year from the date that a defect in materials or workmanship, or other breach or any other claim is discovered or reasonably should have been discovered.  If at any time, Elemental does not enforce any of the terms, conditions or limitations stated in this Warranty, Elemental shall not have waived the benefit of said term, condition or limitation and can enforce it at any time.  This Warranty is extended only to the original purchaser and is not transferable from owner to owner or location to location.  It is not intended nor shall it be construed to create rights in any third party.

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(b) In no event shall Elemental, any distributor, or the selling dealer be liable for any direct, liquidated, indirect, special, incidental or consequential damages (including but not limited to loss of profits, loss of savings or revenue, loss of time, inconvenience, cost of substitute equipment, facilities or services, business interruption, the claims of third parties including customers, the costs of repairing and/or replacing other property when the materials do not perform as warranted or the use or inability to use this product for any purpose whatsoever), whether based on warranty, contract, tort, strict liability, negligence or any other legal basis; even if Elemental, its distributor, or selling dealer was advised of the possibility of the occurrence of such damages. Incidental and consequential damages shall not be recoverable even if the remedies or actions provided herein are determined to have failed of their essential purposes.

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(c) Elemental and its authorized dealers are independent businesses; authorized dealers are not agents or legal representatives of Elemental. Authorized dealers have no right or authority to assume or create any legal obligation or responsibility, express or implied, on behalf of Elemental, or to bind Elemental in any manner whatsoever. Elemental shall have no liability for any acts, errors, omissions, workmanship, supplies, advice, representations, or misrepresentations of any authorized dealer.

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4.  Limited Warranty Coverage Periods

          The Warranty will cover the various Materials provided to Building Owner for construction of the Building for the periods set forth below for                    each type of Material.  When applicable, ProTec and Britespan manufacturer warranties supersede all warranties set forth.