25 YEAR PERFORMANCE WARRANTY LOCKWELL SYSTEMS POLYMERS (LWSP)
(LWSP) warrants all products for a maximum period of 25 years after application completion if said products are installed strictly in accordance with the manufacturer’s instructions and for its exact and intended purpose.
LWSP DOES NOT WARRANT THE APPLICATION OF LWSP PRODUCTS.
Through random assessments of applied LWSP materials, LWSP reserves the right to void this warranty at any time if LWSP finds any fault in application, DFT or breach of LWSP products or if the substrate (See full warranty exclusion in draft warranty) has been moved, adjusted or removed or not properly maintained to industry standards. Furthermore, All LWSP product must be continually maintained, inspected and rectified to maintain warranty. If requested, the installer or facility must produce all Quality Assurance, Quality Control, OHS, application methods and DFT/WFT point measurements, seal thickness measurements for the applied LWSP products. LWSP reserves the right to void this warranty if these documents are not in accordance with the manufacturer’s installation instructions and test data.
Investigation of materials will be at the installers or facilities cost.
If failure occurs within this warranty period LWSP will at its discretion replace the defective part or parts. LWSP obligation hereunder, shall be limited to such replacement, and shall be conditioned upon LWSP receiving written notice of any alleged failure within ten days after its discovery.
However, the liability of LWSP will be limited at the option of LWSP to any one or more of the following: In the case of goods, to any one or more of the following:
(A) The replacement of the goods or the supply of equivalent goods to the same value;
(B) The repair of the goods;
(C) LWSP will not be liable to the buyer for any accidental or consequential damages
(including without limitation loss of profits).
The buyer shall not make any warranties or representations on LWSP behalf to any third party in relation to the Products without the prior written consent of LWSP. The buyer and facility agrees to indemnify and keep indemnified LWSP on a full indemnity basis for all direct and consequential loss and damage and liabilities (each a “loss”) (whether monetary or capable of being converted into money) suffered by LWSP as a result of or caused by or contributed to by any act or omission or default of the Distributor/buyer. Without limiting the generality of the above Clauses, the indemnity extends to all loss that LWSP suffers or may suffer:
(a) That is of a civil or criminal or penal nature;
(b) That involves increased expenditure or effort in supplying Products to customers;
(c) That is caused by or contributed to by any person for whom the buyer has legal responsibility including without limitation, sub-contractors;
(d) That is not indemnified under any contract of insurance in which the Supplier is interested;
(e) As a result of any breach or default of the buyer;
(f) Arising out of any warranties or representations made by the buyer in relation to the Products and not hereby authorized.
FORCE MAJEURE LWSP shall not be responsible or liable for any loss or damage incurred by Purchaser herein resulting from causes beyond the reasonable control of LWSP including, but without limitation, criminality, vandalism, acts of God, war, invasion, insurrection, riot , the order of any civil or military authority, fire, flood, weather, acts of the elements, delays in transportation, unavailability of equipment or materials, breakdown, sabotage, lock-outs, strikes or labour disputes, faulty castings or forgings, or the failure of LWSP suppliers to meet their delivery promises. The acceptance of delivery of the equipment by Purchaser shall constitute a waiver of all claims for loss or damage due to any delay whatsoever.
For more information, contact a Lockwell Sales Representative.