The manufacturer's warranty does not cover or apply to the following:

​

1. Product damage or defects resulting from acts of God or catastrophe, including, but not limited to: wind, earthquakes, floods, hail, tornadoes or force majeure.

​

2. The term “normal use” as used herein does not include, among other things, exposure of the Product to chemicals. Chemical resistance performance is the responsibility of the end user/customer as they control the production/design/composition of the part and exposure conditions (including chemicals, concentration, time and temperature). As such, any geomembrane must be carefully evaluated for its intended application.

​

3. In addition, the term “normal use” as used herein does not include; abuse of the Product by machinery, equipment, people and/or animals; inadequate site preparation or covering materials; existing conditions, including but not limited to subsurface conditions below the Product, such as ground settlement, cavern, etc.; excessive pressures or voltages from any source or improper application or installation; improper operation and maintenance by the owner.

​

4. The Product Warranty is for commercial use only and does not apply to the consumer. The parties expressly agree that the purchase provided herein is for commercial or industrial use only.

​

5. The Product is only warranted for its original installation location, the warranty is void if the product is moved to a new location. Product warranty is void if the Product is mixed with other geomembrane products in the same coating project.

​

Remediation:

​

Should defects or premature loss of use occur within the scope of the stated warranty, the manufacturer will, at its option, repair or replace the part of the Product found to be defective on a pro-rata basis at the then-current price, FOB point of manufacture, in order to charge the owner only for the portion of the guaranteed life that has elapsed since the date of installation. The installation date is determined as the owner purchase date. Manufacturer shall have the right to inspect and determine the cause of any alleged defect in the Product and take appropriate steps to repair or replace the geomembrane if a defect covered by this Warranty exists. Any determination as to what constitutes the appropriate steps to remedy a defect will be made by the manufacturer. This warranty extends only to the manufacturer's product and does not extend to the manufacturer's, manufacturer's, or third-party installation service. The only remedy available under this Warranty is repair or replacement of that part of the Product found to be defective with similar or improved material.

​

Owner shall provide Manufacturer with written notice of any potential claims under this Warranty within thirty (30) days of discovery. Such notification will be sent by email, fax or mail to Geo Soluções Engenharia Geotécnica Ltda which will forward the notification  to the Manufacturer's Technical Assistance Department, along with field samples, application details and digital photos . The manufacturer reserves the right to reserve judgment on the warranty claim until full field evaluation.

​

Geo Soluções' Technical Assistance department is located at Rua Alvarenga Peixoto, 56 - Vila Anastácio - São Paulo - SP - CEP 05090-010, email: contato@geosolucoes.com; or call (11) 3034-5479.

​

The Manufacturer's Service department is located at InterWrap Corp. (Mission Plant), 7163 Beatty Drive, Mission, BC Canada V2V 6C4; email: info@interwrap.com; or toll free at 1-888-713-7663.

​

If the required notice is not given within the prescribed period, the defect and all warranties are waived by Owner and Owner shall not have any rights of recovery against Manufacturer. Manufacturer will not be obligated to make repairs or replacements under this Warranty unless and until the area to be repaired or replaced is clean, dry and free of obstructions. This includes, but is not limited to, the area made available for repair and/or replacement of the Product to be free of all water, dirt, mud, residue and liquids of any kind. If upon inspection it is determined that there is no claim under this Warranty, Owner shall reimburse Manufacturer for its costs associated with site inspection. In the event that the exclusive remedy provided herein fails of its essential purpose, and in that case only, Owner shall be entitled to a return of the original purchase price for the greater material that Manufacturer determines has violated the Warranty provided herein. . Manufacturer shall not be liable for any installation costs or any other direct, indirect, incidental, specific or consequential damages of any kind or any loss of profits resulting from failure of the Product or breach of this Warranty, if such damage is for breach of warranty. , negligence or otherwise. Manufacturer shall not be obligated to reimburse Owner for any repairs, replacements, modifications or alterations made by Owner unless Manufacturer specifically authorizes in writing the repairs, replacements, modifications or alterations made prior to them. The Manufacturer's liability under this Warranty shall in no event exceed the cost of replacing the Product sold for the Project mentioned above.

​

​

​

Unique and exclusive guarantee:

​

This warranty is exclusive and is in lieu of all other warranties, express or implied, including the implied warranties of merchantability and fitness for a particular purpose. No employee, agent or representative of the manufacturer has authority to make or provide any other warranty or to change any of the terms or conditions. No statement made in any of the Manufacturer's brochures, pamphlets, pamphlets, advertisements or promotional materials of any kind constitutes a warranty other than that set forth herein. Owner disclaims all other possible warranties except as specified. This Warranty is for the exclusive benefit of Owner and is non-transferable and non-assignable, ie there are no third party beneficiaries of this Warranty.

​

Owner acknowledges by acceptance that the warranty given herein is accepted to the detriment of any other possible material warranties. If any of the terms or provisions contained herein is unenforceable, such term or provision will be limited only to the extent necessary to make it enforceable, and all other terms will remain in full force and effect.

​

This warranty only becomes effective after Owner completes all of the information requested below and signs and sends this document within 90 days of installation and Manufacturer receives and approves the same. Owner agrees that all matters and issues relating to the construction, validity, interpretation and enforceability of this Warranty will be governed by and construed in accordance with the laws of the State of Washington, without giving effect to any choice of law or conflict of law rules or provisions. Any disputes, claims or causes of action arising out of or relating to this Warranty will be resolved individually, without resorting to any form of class action, exclusively in the federal courts of the State of Washington, USA.

​