Product Warranty

Guardian Structures Inc. (Guardian) grants a limited product warranty to the Original Purchaser (Purchaser) of its Glulam Posts, Glulam beams, Sawn Lumber Vertically Laminated Panels, subject to the Guardian terms and conditions below, for a period of 25 years from date of fabrication as Guardian Structures Inc. warrants that the products conform to Guardian specifications; be free of defects in Guardian materials and Guardian workmanship, as determined by Guardian prior to shipping,  as the Purchaser must conform to Purchaser Work Scope Conformance, Exclusions, Terms and Remedy and Notice:

PURCHASER WORK SCOPE CONFORMANCE:

 

  1. Upon delivery to site, Purchaser stores the product on site so as not to be exposed to water, frost, snow, ice and

  2. Purchaser to provide a letter of conformance validated by a third party P.Eng that the products are stored properly, Purchaser sends letter of storage conformance at site inspection to email: crawford@guardianstructures.ca    and in response Guardian will send a confirmation delivery, read receipt for our files; as 

  3. Purchaser to provide a letter(s)  of conformance by a third party P.Eng that the products were installed as per specifications within ten business days from install on to email: crawford@guardianstructures.ca    and in response Guardian will send a confirmation delivery, read receipt for our files; as

  4. Purchaser will send a copy of the substantial completion letter validated by a third party P.Eng that the project is complete and is in conformance to the specifications with ten business days to email: crawford@guardianstructures.ca    and in response Guardian will send a confirmation delivery, read receipt for our files; as

  5. Upon receipt of items 1-4 noted above, Guardian will issue within ten business days a Limited Product Warranty signed, scanned, emailed by a Director of the Company to the Purchaser, as the Purchaser will in return email back confirmation of receipt within ten business days, as

  6. the following exclusions, terms and remedy, notice in bold type, remain in force:

EXCLUSIONS

Purchaser fails to in part or whole to supply items 1-4 of the Purchaser Work Scope Conformance.

Under no circumstances does Guardian cover design errors or omissions by the Architects, Engineers of Record, or any Third Party Engineers, or Guardian employees whether Engineers in Training or Professional Engineers or not. Liabilities  of Design remain exclusively with the Purchaser. 

Guardian is not responsible for defects or damage to the Products during transportation as the Purchaser is responsible to cover this liability.

Further to the above, Guardian Structures Inc. does not warranty products for

 

  • misuse, improper transportation, improper installation or application, including without limitation the Purchasers failure to properly seal the Products prior to storing on site, and protect the products from 

  • equilibrium moisture content issues, whether the building is ventilated or not, whether heated or not,  as the Purchaser is exclusively responsible, as

  • changes due to natural weathering, such as seasonal checking, color/hue variances and changes in the products dimensions that cause twisting, splitting, swelling, shrinkage, cupping, etc. as it is the Purchaser responsibility to use their means and methods to prevent the Products, from

 

  • changes in appearance or damage to the Guardian Products or damage to other products attached to Guardian Products, including damage from twisting, splitting, swelling, shrinking, cupping, seasonal cracking, filler damage, stains, mold, mildew, chemicals, fertilizers, mechanical abuse, variant levels of moisture, or lack of moisture, variant levels of UV radiation, or other environmental factors unique to the Products use or geographical location, including fading of original color or differences between shades of individual board, or

  • any vandalism, fire, storm event, tornado, acts of God, abuse or misuse of the Products in Guardians opinion, as

  • the Purchaser must be or was a customer in good standing with Guardian Structures Inc.; as

  • unqualified purchasers have no Signed Product Warranty,  whereas qualified original purchasers do, with 

TERMS AND REMEDY

  1. The Purchaser after reviewing and weighing the EXCLUSIONS, may decide to submit product warranty claim(s) in writing to email: warranty@guardianstructures.ca within 10 business days from the first date the Purchaser had knowledge of any potential product warranty issue. The claimant will provide its Signed Product Warranty, clearly state and submit proof of claim, concerns and supporting pictures, and documents to substantiate the potential claim to be considered as a qualified claimant Purchaser, but when 

  2. The Purchaser fails to give notice directly to Guardian Structures Inc. in writing within ten business days from the first date the Purchaser had knowledge of any potential warranty issue;  this failure by the Purchaser to give notice in writing is an automatic Breach of Product Warranty by the Purchaser without notice from Guardian and indemnifies Guardian. The claim cannot come from others,  as they are not the Original Purchaser. If the Purchaser provides a claim after the ten day period, Guardian will return comment back to the Purchaser asking them to provide a copy of Guardians signed Product Warranty and a copy of the written notice email date, which will be used to provide clarity that the Purchaser is in breach of the Product Warranty and disqualified to make any claims, whereas

  3. A qualified claimant Purchaser will receive a Guardian email confirming the Guardian signed Product Limited Warranty is valid and will include Guardians response back to the Purchaser after weighing Product Warranty against the warranty claim(s); perhaps requesting more information in support of claim to the Purchaser to be received within 10 business days, and the Purchaser agrees to allow Guardian Structures to exercise it option to inspect the Products at the site to determine the validity of the claim, and

  4. If Guardian determines the Warranty Products were non conforming it will provide a Products Warranty Resolution to replace the defective Products,  FOB Guardians plant;  provided that the Claimant will ship the defective products back to Guardian freight prepaid. The proposed Product Warranty Resolution letter will be documented and signed off by both parties as full and final release.

NOTICE

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY EXPRESS OR IMPLIED, THE REMEDY SET FORTH IS BUYERS EXCLUSIVE REMEDY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE QUALITY OR CONDITION OF PRODUCTS, AND GUARDIAN STRUCTURES SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT WILL GUARDIAN STRUCTURES OR ITS AFFILIATES BE LIABLE, BASED ON ANY THEORY, WHETHER CONTRACT, TORT, PRODUCT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY SORT INCLUDING WITHOUT LIMITATION LOST PROFITS, DOWN TIME, LOSS OF USE, BUSINESS INTERRUPTION, LABOR COSTS, INVESTIGATION COSTS OR DAMAGE TO REAL OR PERSONAL PROPERTY.

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