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May 2009 <br />Statement of Warranty for USA SHADE brands <br />Shade Structures - Sun Ports - VPS - Shade Concepts <br />General: <br />• USA SHADE provides a limited warranty on all USA SHADE - supplied labor and materials. No <br />other warranty is implied. <br />• The warranty set forth shall be the purchaser's sole and exclusive warranty, and is void if <br />structures are not paid for in full. <br />• The warranty is void if any changes, modifications, additions or attachments are made to the <br />structures without the prior written consent of USA SHADE. <br />• The warranty is void if the structures are not assembled in strict compliance with USA SHADE <br />specifications. <br />• The warranty will be void if regular maintenance is not performed. This is particularly critical in <br />regions where dirt/sand may cause abrasion of fabric. <br />• The warranties below are effective from the date of sale, or, if assembled by USA SHADE, the <br />date of construction completion. <br />• USA SHADE reserves the right to repair or replace any item covered by this warranty. <br />• Purchaser shall notify USA SHADE in writing, detailing any defects for which a warranty claim is <br />being made. <br />• USA SHADE shall not in any event be liable for indirect, special, consequential, or liquidated <br />damages. <br />• USA SHADE specifically denies the implied warranties of fitness for a particular purpose and <br />merchantability. <br />• No signs, objects, fans, light fixtures, etc., may be hung from the structures, unless specifically <br />engineered by USA SHADE. These items may interfere with the fabric, voiding the warranty. <br />• The warranty shall be void if damage to the steel frame or fabric top is caused by misuse, willful <br />or intentional damage, vandalism, any Act of God (ie. hurricane, tornado, micro /macroburst), <br />including, but not limited to, ice, snow, or wind in excess of applicable building code parameters. <br />• For all units assembled by USA SHADE the "Customer Checklist and Sign -off' form must be <br />signed and returned to USA SHADE within 10 business days from the date of construction <br />completion, or USA SHADE will not be held responsible for any damage to the structures. The <br />warranty will also be considered null and void until this checklist is received by USA SHADE. <br />Shadesurell Fabric: <br />• ShadesureTM fabrics carry a 10 -year limited manufacturer's warranty from the date of assembly, <br />against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or <br />discoloration, with the exception of Red and CoolbrellaTM fabrics, which carry a 3 -year limited <br />warranty. Should the fabric need to be replaced under the warranty, USA SHADE will <br />manufacture and ship a new fabric at no charge for the first 6 years, thereafter pro -rated at 18% <br />per annum over the last 4 years. <br />• This warranty shall be void if damage to the fabric is caused by contact with chemicals, misuse, <br />vandalism, any Act of God (ie. hurricane, tornado, micro /macroburst), including, but not limited to, <br />ice, snow, or wind in excess of the applicable building code parameters. <br />• All fabric tops are warranted for winds /gusts up to 90mph and prior to snow or ice accumulation. <br />• All fabric curtains, valances and flat vertical panels are not covered under the warranty. <br />M <br />