GOLIATHTECH INC. (“GOLIATHTECH”) warrants that its GOLIATHTECH screw piles shall be free from material and workmanship defects for a period of 30 years from the date of installation of the screw pile (the “Warranty Period”).
Subject to limitations and exclusions contained herein, should a defect in material or workmanship be discovered, GOLIATHTECH’s sole obligation will be, at its option, to repair or replace any screw pile which is found, on GOLIATHTECH’s inspection, to be defective.
Replacement screw piles provided under the Warranty are themselves warranted for the remaining duration of the original Warranty Period.
The above warranty is subject to the following conditions:
2.1 The Warranty only applies if the GOLIATHTECH screw pile was originally installed by a certified GOLIATHTECH installer and, if the replacement screw pile is installed (at the cost of the customer) by a GOLIATHTECH certified installer;
2.2 Any defect in material or workmanship must be reported within 10 days of the defect being noticed;
2.3 Screw piles replaced under this warranty become the property of GOLIATHTECH.
The above warranty only covers defects in material or workmanship caused by GOLIATHTECH.
Without limitation and for certainty, the Warranty does not cover movement, defects, failures or damages due to:
3.1 Negligence, errors or omissions by anyone other than GOLIATHTECH, including misapplication, negligence, improper transportation, improper installation, failure to conduct normal maintenance and operating services or failure to maintain or use the screw pile in accordance with the most current care and handling instructions, if any, for the screw pile;
3.2 Acts of God including earthquakes, droughts, severe winds, flood, fire, vandalism, subsidence or changes in soil saturation or the water table;
3.3 Movement in portions that were not underpinned by a GOLIATHTECH screw pile or that had existing foundations which were deficient in structural integrity or strength;
3.4 Unauthorized alterations, modifications or installations;
3.5 Any attachments or parts which are not original GOLIATHTECH parts or components;
GOLIATHTECH’s obligation under the Warranty is limited to providing a new screw pile. Without restriction the generality of the foregoing, GOLIATHTECH shall not be responsible for:
4.1 Reimbursement of any labor and expenses incurred for the evaluation, removal or re-installation of a screw pile;
4.2 Charges relating to transportation of the screw piles from the GOLIATHTECH facility to the site where the replacement work will be performed;
4.3 Losses or damages related to loss of use of the screw pile, lost sales or profits, delay in the performance of the obligations under the present Warranty.
THE FORGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS, STATUTORY AND IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO ITEMS MANUFACTURED BY GOLIATHTECH.
IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, LIABILITY WITH OR WITHOUT FAULT OR OTHER LEGAL THEORIES, SHALL GOLIATHTECH OR ITS AFFILIATES, PARTNERS, CERTIFIED INSTALLERS, FRANCHISEES OR SUBSIDIARIES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE ITEM OR PARTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME COSTS, LABOUR COSTS OR CLAIMS OF CUSTOMERS, PURCHASERS OR LESSEES FOR SUCH DAMAGES.
THE REMEDIES HEREIN ARE THE EXCLUSIVE REMEDIES UNDER THIS WARRANTY.