PRO HELICAL, LLC
Our Commitment to You
We at Pro Helical, LLC (“Pro Helical”) hold ourselves to high standards, and we believe in delivering memorable experiences through world-class service.
Warranty
Pro Helical warrants that its helical piers, helical piles, and screw piles (collectively, the “Products”) shall be free from material and workmanship defects for a period of 30 years from the date of installation of the Products (the “Warranty Period”).
Subject to limitations and exclusions contained herein, should a defect in material or workmanship be discovered, Pro Helical’s sole obligation will be, at its option, to repair or replace any Products which are found, on Pro Helical’s inspection, to be defective (the “Warranty”).
Replacement Products provided under the Warranty are themselves warranted for the remaining duration of the original Warranty Period.
Conditions for Warranty
The above warranty is subject to the following conditions:
• The Warranty only applies if the Pro Helical Products were originally installed by a certified Pro Helical installer and, if the replacement Products are installed (at the cost of the customer) by a Pro Helical certified installer;
• Any defect in material or workmanship must be reported, in writing within ten (10) days of the defect being noticed;
• Products replaced under this warranty become the property of Pro Helical.
Warranty Limitations
The above warranty only covers defects against (i) any Product manufacturing defect, (ii) any defect affecting the material which composes it, OR (iii) any assembly workmanship defect, caused by Pro Helical.
Without limitation and for certainty, the Warranty does not cover movement, defects, failures, or damages due to:
• Negligence, errors, or omissions by anyone other than Pro Helical, including misapplication, misuse, negligence, improper transportation, improper installation, failure to conduct normal maintenance and operating services or failure to maintain or use the Products in accordance with the most current care and handling instructions, if any, for the Products;
• Damage resulting from the addition of a load greater than manufacturer and causing Products to bear a load, weight or stress exceeding the maximum capacity limit recommended by Pro Helical;
• Acts of God including earthquakes, droughts, severe winds, flood, fire, vandalism, subsidence or changes in soil saturation or the water table;
• Movement in portions that were not underpinned by a Pro Helical Products or that had existing foundations which were deficient in structural integrity or strength;
• Aesthetic damage;
• All costs, expenses and damages, whether incidental, direct, indirect or consequential, to property or persons, other than those specifically covered under this Warranty, as well as all costs to repair locations or vegetation landscaping;
• Unauthorized alterations, modifications, or installations; and
• Any attachments or parts which are not original Pro Helical parts or components;
Warranty Limitations
Pro Helical’s obligation under the Warranty is limited to providing a new Product. Without restriction the generality of the foregoing, Pro Helical shall not be responsible for:
• Reimbursement of any labor and expenses incurred for the evaluation, removal, or re-installation of a Products;
• Charges relating to transportation of the Products from the Pro Helical facility to the site where the replacement work will be performed;
• Damages caused to Products prior to installation;
• Damages resulting or occasioned by relocation of the Products by anyone other than a Pro Helical certified installer;
• Damage caused to property, or personal items or belongings, as it relates to the installation of defect of a Product;
• Losses or damages related to loss of use of the Products, lost sales or profits, delay in the performance of the obligations under the present Warranty.
Warranty Exclusions
THE FORGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ALL OTHER EXPRESS, STATUTORY, AND IMPLIED WARRANTIES, CONDITIONS AND REPRESENTATIONS INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE APPLICABLE TO ITEMS MANUFACTURED BY PRO HELICAL.
IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE, LIABILITY WITH OR WITHOUT FAULT OR OTHER LEGAL THEORIES, SHALL PRO HELICAL OR ITS AFFILIATES, PARTNERS, CERTIFIED INSTALLERS, FRANCHISEES OR SUBSIDIARIES BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOSS OF PROFIT OR REVENUES, LOSS OF USE OF THE PRODUCTS OR ANY ASSOCIATED EQUIPMENT, COST OF CAPITAL, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, DOWN TIME COSTS, LABOR COSTS OR CLAIMS OF CUSTOMERS, PURCHASERS OR LESSEES FOR SUCH DAMAGES.
THE REMEDIES HEREIN ARE THE EXCLUSIVE REMEDIES UNDER THIS WARRANTY.
Transfer of Warranty
The available Warranty from Pro Helical can be passed onto subsequent owners of your property. Simply complete the Warranty Transfer Form, pay the transfer fee, and return the paperwork to Pro Helical within ninety (90) days of the sale of the property to initiate the transfer process.
When you sell the property, it is important to provide the new buyer with (1) a copy of the original contract, (2) the warranty, and (3) a warranty transfer form.
If you lose your documents, please contact us for a replacement. It is important to notify the buyer of repairs performed on the property and include the conditions of warranty transfer as part of your seller’s disclosure.
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