Product Warranty

Class IV Structure

To insure you obtain the best value for this purchase, and that your structure is problem free for years to come, please follow all instructions, directions, drawings, renderings and guidelines. Please be especially aware of safety issues in the construction and care of your ClearSpan™ product.

The Product Warranty for this shelter or canopy, provided by the manufacturer, is broken down into the three major components of the structure:

One-Year Warranty For New ClearSpan™ Frame End Cover Products
(Some ClearSpan™ products do not contain Frame End Covers.)
Three-Year Warranty For New ClearSpan™ Frame Products
Fifteen-Year Warranty For New ClearSpan™ Frame Cover Products

Please retain these warranties, along with the shipping documents, for future reference.
Rev: April 11, 2005

ONE (1) YEAR WARRANTY FOR NEW CLEARSPAN™ FRAME END COVER PRODUCTS

A. Warranty: Engineering Services and Products Company (“Engineering Services”) warrants that the new ClearSpan™ frame end cover product will (i) conform in all material respects to the catalogue description published by Engineering Services at the time of the sale and (ii), will be free from manufacturing defects. This warranty shall extend for one (1) year from the date of shipment by Engineering Services. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Without limiting the foregoing, the frame end cover is not fire rated, nor does Engineering Services guarantee that its color will not fade. Additionally, there is no guarantee of snow-load or wind-load unless Buyer has received stamped engineering drawings with the structure, and Engineering Services does not warrant that the frame end cover will comply with local or state building codes in Buyer’s location.

B. The Warranty Does NOT Apply if: The warranty does not apply if any of the following occur:

a. The structure has not been properly anchored to the ground;
b. The end frame cover product is not in the possession and control of the original purchaser;
c. The product has been altered or modified, or has been used for a purpose not approved by Engineering Services;
d. The damage arises from a failure to maintain the end frame cover in accordance with Engineering Services’s maintenance instructions;
e. The damages arises from improper installation;
f. The damage arises from an accident, falling objects, punctures or tears, exposure to harmful chemicals, fumes or other substances, either foreign or natural, or results from “Acts of God,” including but not limited to fire, ice or snow in excess of one 20 lb per square foot, or wind in excess of 50 mph.

C. Buyer’s Sole and Exclusive Remedy. In the event that there is a breach of the warranty set forth in Section A, Engineering Services will, at its sole option, (i) repair or replace the frame end cover or the affected portion of it. Buyer acknowledges that this shall be its sole and exclusive remedy for a breach of warranty.

D. Time Period for Making Claims. In the event of a breach of warranty, Buyer must make its claim to Engineering Services within twelve (12) months of the date of the breach.

E. Securing Warranty Service: To secure warranty service, the Buyer must: (1) report the proof of the frame end cover product defect in writing to Engineering Services, as well as the inclusion of supporting pictures, no later than twelve (12) months following the breach of warranty; (2) present satisfactory evidence of the warranty start date, which is deemed as the date the product is shipped to the purchaser, and (3) make the frame end cover product available to Engineering Services for inspection within a reasonable period of time.

F. Disclaimer of Consequential Damages. In no event will Engineering Services be liable to Buyer for any indirect, incidental, punitive, special or consequential damages incurred by Buyer as the result of a breach of warranty or Engineering Services’s actions under this Agreement, even if Engineering Services has been put on notice that Buyer could sustain such damages. Without limiting the foregoing, Engineering Services shall not be liable for personal injury, damage to other property, or loss of use. This disclaimer of damages shall apply even in the event that Buyer’s sole and exclusive remedy shall fail of its essential purpose, and shall apply regardless of the basis of Buyer’s claim, be it in contract, warranty, tort, product liability or otherwise.

G. Limitation of Liability. In no event shall Engineering Services be liable to Buyer for more than the original purchase price of the frame end cover. This limitation of liability shall apply even in the event that Buyer’s sole and exclusive remedy shall fail of its essential purpose, and shall apply regardless of the basis of Buyer’s claim, be it in contract, warranty, tort, product liability or otherwise.

H. State Law May Differ. Note: the state law of the Buyer may not permit the limitation of warranty and disclaimer of damages set forth above, so some of the limitations and exclusions may not apply.

I. Dealer Not Authorized to Modify Warranty. Only Engineering Services is authorized to modify the warranty set forth above. No ClearSpan™ dealer or distributor is authorized to make any changes to the warranty provided by Engineering Services or to make any representations on behalf of Engineering Services. If Buyer has any questions concerning warranty issues, he should call Engineering Services’s Customer Service Department, 800-603-4445.

Rev; April 11,2005

THREE (3) YEAR WARRANTY FOR NEW CLEARSPAN™ FRAME PRODUCTS

A. Warranty: Engineering Services and Products Company (“Engineering Services”) warrants that the new ClearSpan™ frame products manufactured by Engineering Services will (i) conform in all material respects to the catalogue description published by Engineering Services at the time of the sale and (ii), will be free from manufacturing defects. This warranty shall extend for three (3) years from the date of shipment by Engineering Services. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Without limiting the foregoing, the frame is not fire rated. Additionally, there is no guarantee of snow-load or wind-load unless Buyer has received stamped engineering drawings with the structure, and Engineering Services does not warrant that the frame will comply with local or state building codes in Buyer’s location

B. The Warranty Does NOT Apply if: The warranty does not apply if any of the following occur:

a. The structure has not been properly anchored to the ground;
b. The frame product is not currently in the possession and control of the original purchaser;
c. The product has been altered or modified, or has been used for a purpose not approved by Engineering Services;
d. The damage arises from a failure to maintain the frame in accordance with Engineering Services’s maintenance instructions;
e. The damages arises from improper installation;
f. The damage arises from an accident, falling objects, punctures or tears, exposure to harmful chemicals, fumes or other substances, either foreign or natural, or results from “Acts of God,” including but not limited to hail, flooding, ice or snow in excess of (20) lbs per square foot or wind in excess of 50 mph.
g. The frame is not covered with a frame cover approved by Engineering Services.
C. Buyer’s Sole and Exclusive Remedy. In the event that there is a breach of the warranty set forth in Section A, Engineering Services will, at its sole option, (i) repair or replace the frame or the affected portion of it, or (ii) grant a credit on a pro rata basis. This warranty runs on a straight-line three (3) year amortization basis. For example, if due to a manufacturing defect a ClearSpan™ frame product requires replacement after one (1) year, Engineering Services will pay 2/3 of the replacement cost. Buyer acknowledges that this shall be its sole and exclusive remedy for a breach of warranty.

D. Time Period for Making Claims. In the event of a breach of warranty, Buyer must make its claim to Engineering Services within twelve (12) months of the date of the breach.

E. Securing Warranty Service: To secure warranty service, the Buyer must: (1) report the proof of the frame product defect in writing to Engineering Services, as well as the inclusion of supporting pictures, no later than twelve (12) months following the breach of warranty; (2) present satisfactory evidence of the warranty start date, which is deemed as the date the product is shipped to the purchaser, and (3) make the frame product available to Engineering Services for inspection within a reasonable period of time.

G. Limitation of Liability. In no event shall Engineering Services be liable to Buyer for more than the original purchase price of the frame. This limitation of liability shall apply even in the event that Buyer’s sole and exclusive remedy shall fail of its essential purpose, and shall apply regardless of the basis of Buyer’s claim, be it in contract, warranty, tort, product liability or otherwise.

H. State Law May Differ. Note: the state law of the Buyer may not permit the limitation of warranty and disclaimer of damages set forth above, so some of the limitations and exclusions may not apply.

v. April 11, 2005.

FIFTEEN (15) YEAR WARRANTY FOR NEW CLEARSPAN™ FRAME COVER PRODUCTS

J. Warranty: Engineering Services and Products Company (“Engineering Services”) warrants that the new ClearSpan™ frame cover products manufactured by Engineering Services will (i) conform in all material respects to the catalogue description published by Engineering Services at the time of the sale and (ii), will be free from manufacturing defects. This warranty shall extend for fifteen (15) years from the date of shipment by Engineering Services. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. Without limiting the foregoing, the frame cover is not fire rated, nor does Engineering Services guarantee that the frame cover will not fade. Additionally, there is no guarantee of snow-load or wind-load unless Buyer has received stamped engineering drawings with the structure, and Engineering Services does not warrant that the frame cover will comply with local or state building codes in Buyer’s location.

K. The Warranty Does NOT Apply if: The warranty does not apply if any of the following occur:

a. The structure has not been properly anchored to the ground;
b. The frame cover product is not currently in the possession and control of
the original purchaser;
c. The product has been altered or modified, or has been used for a purpose
not approved by Engineering Services;
d. The damage arises from a failure to maintain the frame cover in
accordance with Engineering Service’s maintenance instructions;
e. The damages arises from improper installation;
f. The damage arises from an accident, falling objects, punctures or tears, exposure to harmful chemicals, fumes or other substances, either foreign
or natural, or results from “Acts of God,” including but not limited to hail, flooding, ice or snow in excess of (20) lbs per square foot or wind in excess of 50 mph.

L. Buyer’s Sole and Exclusive Remedy. In the event that there is a breach of the warranty set forth in Section A, Engineering Services will, at its sole option, (i) repair or replace the frame cover or the affected portion of it, or (ii) grant a credit on a pro rata basis. This warranty runs on a straight-line fifteen (15) year amortization basis. For example, if due to a manufacturing defect a ClearSpan™ frame cover product requires replacement after five (5) years, Engineering Services will pay 2/3 of the replacement cost. Buyer acknowledges that this shall be its sole and exclusive remedy for a breach of warranty.

M. Time Period for Making Claims. In the event of a breach of warranty, Buyer must make its claim to Engineering Services within twelve (12) months of the date of the breach.

N. Securing Warranty Service: To secure warranty service, the Buyer must: (1) report the proof of the frame cover product defect in writing to Engineering Services, as well as the inclusion of supporting pictures, no later than twelve (12) months following the breach of warranty; (2) present satisfactory evidence of the warranty start date, which is deemed as the date the product is shipped to the purchaser, and (3) make the frame cover product available to Engineering Services for inspection within a reasonable period of time.

O. Disclaimer of Consequential Damages. In no event will Engineering Services be liable to Buyer for any indirect, incidental, punitive, special or consequential damages incurred by Buyer as the result of a breach of warranty or Engineering Services’s actions under this Agreement, even if Engineering Services has been put on notice that Buyer could sustain such damages. Without limiting the foregoing, Engineering Services shall not be liable for personal injury, damage to other property, or loss of use. This disclaimer of damages shall apply even in the event that Buyer’s sole and exclusive remedy shall fail of its essential purpose, and shall apply regardless of the basis of Buyer’s claim, be it in contract, warranty, tort, product liability or otherwise.

P. Limitation of Liability. In no event shall Engineering Services be liable to Buyer for more than the original purchase price of the frame cover. This limitation of liability shall apply even in the event that Buyer’s sole and exclusive remedy shall fail of its essential purpose, and shall apply regardless of the basis of Buyer’s claim, be it in contract, warranty, tort, product liability or otherwise.

Q. State Law May Differ. Note: the state law of the Buyer may not permit the limitation of warranty and disclaimer of damages set forth above, so some of the limitations and exclusions may not apply.

R. Dealer Not Authorized to Modify Warranty. Only Engineering Services is authorized to modify the warranty set forth above. No ClearSpan™ dealer or distributor is authorized to make any changes to the warranty provided by Engineering Services or to make any representations on behalf of Engineering Services. If Buyer has any questions concerning warranty issues, he should call Engineering Services’s Customer Service Department, 800-603-4445.

v. April 11, 2005.