Quoted fabric is Coolaroo® Commercial 95. Cloth Canopies are warranted for 10 years against failure from significant deterioration, breakdown, mildew, outdoor heat, cold, or discoloration with the exception of red and blue, which have a reduced 3-year warranty.
- Side curtains are not warranted when installed on a structure that has not been engineered and built by Shade Masters.
- Installation warranty shall be void if damage to the canopy is caused by vandalism, misuse, any act of God, including but not limited to ice, snow or wind in excess of the applicable building code parameters.
- All fabric tops are only warranted up to 60 mph winds. Any winds in excess of 60 mph will void any warranty either express or implied to fabric.
- The structures have been designed to minimize friction between the rafters and the fabric. The warranty will, therefore, be voided if any modification (temporary or permanent) or any attachment (temporary or permanent) is made to the rafter(s). The fabric will experience excessive wear or tear should any object be placed between the rafter and the fabric, voiding the fabric warranty.
- In the event of warranty replacement certain fabric colors may no longer be available. Shade Masters reserves the right, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. The company does not warrant that any particular color will be available for any period of time and reserves the right to discontinue any color for any reason it may determine and without recourse by the owner of the discontinued fabric color.
- Labor, equipment, miscellaneous materials, and freight charges required for the removal, and re-installation of damaged tops or fabric are not included in manufacturer’s warranty. In instances where the tops or fabric supplied and installed by Shade Masters are defective only the materials are warranted against defects. In all cases where tops / fabric must be replaced due to damage, all labor, equipment, additional materials, and freight for the removal, and re-installation shall be paid for by Customer.
Steel:
The structural integrity of the steel is warranted for 10 years.
- This warranty shall be void if damage to the steel frame is caused by misuse, vandalism, any act of God, including but not limited to ice, snow or wind in excess of applicable building code parameters.
- Workmanship and painted surfaces are warranted for 24 months.
Installation:
Labor for the removal, installation and /or freight charges will only be covered in instances where the unit(s) (other than fabric) supplied and installed by ShadeMasters are defective and notice of warranty claim is made within 24 months of installation.
Thread:
Coolaroo® warranties its sewing for 4 years. This warranty does not cover damage from fire, cuts, vandalism, or any act of God including but not limited to ice, snow or wind in excess of the applicable building code.
- Labor for the removal, installation and /or freight charges, of tops with damage caused by the thread, will only be covered in instances where Shade Masters has installed the unit. In all cases all labor for the removal, installation and/or freight will be for the customers account and the warranty will only be applicable to the repair or replacement of damaged materials covered by this warranty.
Disclaimers of Warranty and Liability:
SHADE MASTERS SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, WHICH MAY RESULT FROM THE USE OF ANY PRODUCTS INSTALLED BY SHADE MASTERS. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
No Damages for Delay
Shade Masters shall not be responsible to Customer for any loss or damage, including liquidated damages, consequential damages, or incidental damages, for failure or delay(s) in delivering or installation of any labor or materials included in this Agreement when such failure or delay is due in whole or in part to any cause beyond the control of the company or due to compliance with regulations or orders of any federal, state or municipal government or due to any acts of God, rain, strikes, lockouts, slowdowns, wars or shortages in transportation, materials or labor. Customer understands and agrees that Shade Masters is not responsible for delays in obtaining or issuance of the applicable permits.
Dispute Resolution
Any controversy or claim arising out of or related to this Agreement, including any claim of attorney’s fees or costs shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with the construction industry arbitration rules. Venue shall be in Phoenix, Arizona. Expert witness fees shall not be recoverable by either party in the Arbitration. Judgment upon the award, including attorney’s fees and costs incurred in the confirmation proceedings may be entered in any court having jurisdiction thereof.
General Provisions
This Agreement represents and contains the entire Agreement between the parties. Prior discussions or verbal representations by the parties that are not contained in this Agreement are not part of this Agreement and are expressly excluded.
- The Agreement shall be binding upon and insure to the benefit of the company and Customer, their successors and permitted assigns.
- The Agreement shall be construed and enforced in accordance with the laws in the State of Arizona. SHADE MASTERS