Fabrication & Installation
US COVER provides for fabric-specific prorated manufacturer’s
warranty on manufacturing workmanship. Please contact your
salesperson for more information.
Installation shall be performed by client.
The materials used by US COVER to manufacture its products are known
to be first quality material goods. US COVER has inspected all value
added labor performed. Unless otherwise specified, US COVER does not
inspect roll goods or other products requiring no manufacturing.
US COVER is not responsible for the quality of Customer
Furnished Materials (CFM) received or other materials not provided by US COVER.
Customers are advised to inspect all products received from US COVER
to insure accuracy. US COVER guarantees its products to be dimensionally
accurate and in conformance with customer approved and/or customer supplied plans.
Payment Within Terms
With respect to US COVER’s receipt of payment from Client, time is of the
essence. If Client does not strictly adhere to the payment terms
outlined in the body of US COVER’s quote, US COVER may terminate all of
its warranty obligations and invalidate the warranty terms outlined below.
US COVER warrants the manufacturing workmanship on fabric panel(s)
and frames provided on CLIENT PROJECT for a period of one (1) year
prorated from the date of original shipment. Each fabric panel is
warranted against seam failure under normal and careful use. This
warranty does not include repair or replacement of a fabric panel
which has been subject to: misuse, neglect, improper handling, lack
of maintenance, rough or improper treatment, exposure to deleterious
chemicals or compounds, fire, theft, vandalism and/or Acts of God.
Further, this warranty does not extend to fabric panel damages
sustained by improper use. Only those Covers produced by US COVER,
which have a valid manufacturers label with a manufacturing date
and lot number, shall be included in this Warranty. This Warranty
does not extend to the repairs performed on a fabric panel.
Once a fabric panel has sustained damage and has been modified or
repaired, all coverage under this Warranty ceases.
WARRANTY FOR FABRIC
US COVER warrants to the Purchaser that US COVER manufactured
products are free from defects in material and workmanship under normal
use and services. The obligation of US COVER under this warranty is
limited to, at its option, allowance for credit, repair or replacement,
to the extent and for the time periods stated below, of any part or
parts manufactured by US COVER, which may prove defective under normal
use and service. In no event shall Manufacturer be liable for any special,
direct, indirect or consequential damages or claims for labor.
Should defects as aforesaid occur within a period following the date of
delivery to the customer; US COVER will assume a pro-rata percentage of
the cost or repair or replacement based on the warranty coverage offered
by the fabric supplier. The cost of the repair or replacement, will be
based upon the original sales price to the customer, provided the customer
may pay the remaining portion due.
For purposes hereof, the term of said warranty shall begin to run from
the date of delivery of the merchandise to the Purchaser. This warranty
is provided as an accommodation to the Purchaser and should not be
construed as reflecting the life expectancy of the merchandise.
All warranties shall be invalid if the Purchaser or its agents or
representatives shall fail to comply with the Manufacturer’s instructions,
specifications or recommendations.
This warranty does not apply to any defect due to the loads in excess
of those for which the merchandise was designed. This warranty does not
apply to any merchandise which has been subject to misuse, alteration,
accident, negligence or has been moved from its original place of installation.
This warranty does not apply if the defects or failure are caused by
abnormal weather conditions, acts of God, falling objects, explosions,
fire, riots, civil commotion, external forces, faulty or inadequate
foundations or soil bearing, acts of war, radiation, harmful fumes or
foreign substances in the atmosphere, corrosion or floods.
To assure that a US COVER technical representative can determine the
cause of any alleged defect and take appropriate steps for timely
corrective measures, any claim for breach of warranty hereunder shall
be made and presented to US COVER in writing within a period of 30 days
following the discovery of the alleged defe ct, failing which, the
foregoing warranty shall be void and of no effect whatever.
US COVER shall have the right to inspect merchandise claimed to be
defective, and all warranties shall be invalid if US COVER is denied
such right to inspect the goods furnished, whether or not Purchaser
has exercised his warranty privilege.
EXCLUSION OF OTHER WARRANTIES
EXCEPT FOR THE EXPRESS WARRANTY SET FORTH ABOVE, THERE ARE NO
WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR PURPOSE, APPLICABLE TO MERCHANDISE COVERED HEREBY.
Correction on non-conformities in the manner and for the period of
time provided above shall constitute fulfillment of all liabilities
of Manufacturer to Purchaser, whether based on contract, negligence
or otherwise with respect to, or arising out of such merchandise.
NO WARRANTIES OR REPRESENTATIONS AT ANY TIME MADE BY ANY REPRESENTATIVE,
DEALER, AGENT OR ANY OTHER PERSON SHALL BE EFFECTIVE TO VARY OR EXPAND
THE ABOVE EXPRESS WARRANTY OR ANY OTHER TERMS HEREOF.
LIMIT OF LIABILITY
Limit of Liability
US COVER is responsible for manufacturing products in a manner
conforming to customer approved dimensional accuracy, customer approved
materials selection and for manufacturing products to Industry Standards.
All value added manufacturing labor, materials, installation, freight or
other efforts performed by anyone other than US COVER is the sole
responsibility of that person, company, or organization. If a product
supplied by US COVER is found to contain a manufacturing defect,
US COVER will replace only the product found to be defective.
US COVER is not responsible for value-added labor, materials, installation,
freight, effort, or other costs provided or incurred by others.
US COVER shall not be liable in contract or in tort (including negligence)
for a loss of profits or revenue, loss of use of equipment or facilities,
cost of capital, or for any special indirect, incidental or consequential
damages of any nature resulting from or in any manner relating to the
fabric covered hereby, its design, use any inability to use the same
or any delay in delivery of the same, it being understood and agreed
that the sole and exclusive remedy with respect to defective merchandise
shall be the repair, correction or replacement thereof pursuant to the