Statement of Limited Warranty for Guard-All Centurion and Heritage Product Lines

1.  Scope of Limited Warranty

(a) GABS LLC doing business as Guard-All Building Solutions (“Guard-All”) provides this limited warranty (“Warranty”) to the purchaser of the Guard-All products (“Building Owner”) that the building products and components manufactured by Guard-All (“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.

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

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

(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 Guard-All’s instructions or in a manner approved in writing by Guard-All; ii) neglect, misuse or abuse of product; iii) accident; iv)  integration with other products or accessories not manufactured specifically for use with the Guard-All 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 Guard-All; and/or xvii) failure of the Materials occurring during a period when Building Owner fails to provide access to Guard-All to the Materials.

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

(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 Guard-All.  The costs or repair and replacement shall be shared by Guard-All and Building Owner as set forth in Section 5.  The repair or replacement of the Guard-All 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.  Guard-All reserves the right to remedy defect(s) through the supply of new, used, or rebuilt parts, or on-site repair, at the option of Guard-All.  Due to ongoing product development, certain materials, components or membrane colors may no longer be available. In those situations, Guard-All reserves the right to substitute replacement Materials that are comparable only in function, quality, and price to the original. Guard-All shall not be liable if the replacement component varies in appearance from the original.  If Guard-All elects to repair or replace the defective product or component, Guard-All 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 Guard-All’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.

(f) THE WARRANTY SET FORTH IN THIS AGREEMENT IS EXCLUSIVE AND GUARD-ALL 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 GUARD-ALL MANUFACTURED MATERIALS OR COMPONENTS.

2.  Warranty Registration

Buildings are shipped with a warranty registration package. Follow all instructions and return the completed warranty registration card and required photographs to Guard-All within 60 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 

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 Guard-All. No one is authorized to change or add to this warranty. Guard-All shall not be liable for any damages incurred during or as a result of installation of Guard-All 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 Guard-All 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 Guard-All Building. All references to Building Owners, Guard-All all distributors and all dealers, include such parties’ spouse, heirs, successors, legal representatives and assigns. Any action to enforce any claims against Guard-All 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, Guard-All does not enforce any of the terms, conditions or limitations stated in this Warranty, Guard-All 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.

(b) In no event shall Guard-All, 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 Guard-All, 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.

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

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. 

Notes on Limited Warranty Coverage Periods:
1. Consists of main building trusses, purlins, and manufactured brackets.
2. Consists of vertical columns, horizontal members, and manufactured brackets. Does not include cables or fasteners.
3. Consists of cover panels for main building only. Does not include any cover fastening system Materials.
4. Consists of end enclosure panels only (Standard Nova Shield II™, FR Nova Shield II™, or PVC). Does not include any fastening system materials. Must be properly supported by Guard-All manufactured end support system or alternative system designed to match end panel fastening system and engineered to meet site wind load and building safety requirements.
5. Consists of end enclosure panels only (Standard Nova Shield II™, FR Nova Shield II™, or PVC). Does not include any fastening system materials. Must be supported by a frame designed to match the fastening system of the end enclosure panel.
6. Main building panel warranty is limited to the length of the roll-up curtain warranty when the roll-up curtain is an integrated part of the main building panel. Integrated curtains not available on all building models. When the Guard-All manufactured roll-up curtain is a separate removable component, the main building panel will carry its full warranty period.
7. Consists of door membrane (Standard Nova Shield II™, FR Nova Shield II™, or PVC) and all steel door parts.
8. Consists of cables, winches, ratchets, fasteners, belting, fastening straps, PVC pipe, and other small parts.  

*Guard-All Building Solutions pro-rated 30 year steel warranty is only applicable to structures that have been constructed according to the manufacturer’s specifications and in adherence to all local building codes and engineering principles. This also applies to the Certified and Stamped foundations that support the structure. The foundations must meet the load requirements dictated by the base reactions of the structure and the local building code parameters as described in the jurisdictional codes for the specific site, proof to be provided by presentation of Signed and Sealed Foundation drawings. Documentation of the compliance to the foundation design and installation must be provided by a certified Geo Technical Engineer and or the original Certified Foundation Design Engineer.

Guard-All Building Solutions offers an extended 50 year steel pro-rated warranty at an additional cost.  This extended steel warranty must be purchased at the time of initial building purchase.

5.  Standard Terms of Limited Warranty Coverage

The Building Owner shall be responsible for the cost of the repair or replacement parts pro-rated per year following the original purchase date as set forth below, plus the cost of delivery and installation of replacement parts, if required.