FLOOD SOLUTIONS by Garrison Systems, LLC, LIMITED WARRANTY
Flood Solutions is owned and operated by Garrison Systems, LLC (“Garrison”) as a division of Garrison Flood Control. Flood Solutions is not a separate legal entity. This Limited Warranty is provided by Garrison for products sold through its Flood Solutions division.
1. What Is Covered by This Warranty
Garrison warrants to the original purchaser only that the product that is the subject of this sale (a) conforms to Garrison’s published specifications and (b) is free from defects in material and workmanship.
The duration of this warranty is two (2) years from the date of delivery. If the purchaser discovers within this period a failure of the product to conform to specifications or a defect in material or workmanship, the purchaser must promptly notify Garrison in writing, but no later than thirty (30) days after expiration of the warranty. The notice must describe the exact manner in which the product was defective and the conditions of use that gave rise to the claim. The purchaser must also deliver to Garrison a representative sample exemplifying the claimed defects for examination by Garrison’s engineers.
If the product proves to be defective as described above, Garrison, at its own cost and expense, shall provide and ship new replacement products to the purchaser for all items demonstrating such defects that are returned, shipping prepaid, to Garrison’s manufacturing plant in Pompano Beach, Florida.
Custom orders are made to order and cannot be returned. All sales of customized barriers or equipment, such as Hammerhead™ aluminum planks, are final.
2. What Is Not Covered by This Warranty
Garrison does not warrant:
(a) Any product not manufactured by Garrison;
(b) Defects caused by failure to provide a suitable installation environment;
(c) Damage caused by use of the product for purposes other than those for which it was designed;
(d) Damage caused by disasters such as fire or flood, or by loading beyond the product’s design specifications;
(e) Damage caused by unauthorized attachments or modifications;
(f) Damage during shipment or storage, or damage caused by mishandling or abuse by the purchaser;
(g) Damage due to failure to deploy barriers in advance of a flood;
(h) Damage due to overtopping of barriers by floodwaters that exceed the height of the barrier; or
(i) Damage due to improper deployment of the barriers.
Products are manufactured and inspected at Garrison’s plant with great care. Damage caused by mishandling during customer installation can be avoided through due care and attention to installation and shipping instructions.
Custom orders are made to order and cannot be returned. All sales of customized barriers or equipment, such as Hammerhead™ aluminum planks, are final.
3. Warranty of Title
In addition to the warranties set forth above, Garrison warrants that it has good title to the product, free of any encumbrance, and that the product shall be delivered directly from Garrison’s factory.
4. Disclaimer of Warranty
THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. Limitations of Remedies
In no case shall Garrison, including its Flood Solutions division, be liable for any special, incidental, or consequential damages (“Damages”) based upon breach of contract, negligence, strict tort liability, or any other legal theory.
Such Damages include, but are not limited to, loss of profits; loss of savings or revenue; loss of use of the product or any associated equipment; cost of capital; cost of substitute equipment, facilities, or services; downtime; claims of third parties, including customers; and injury to property.
This limitation does not apply to damages caused by breach of the warranty of title or to claims for personal injury.
Some states do not allow limitations on warranties or on remedies for breach in certain transactions. In such states, the limitations in this section and Section 4 may not apply.
6. Attorneys’ Fees; Costs of Enforcement
In the event of any dispute, claim, demand, lawsuit, arbitration, or other proceeding arising out of or relating to this Warranty, the products, any quotation, proposal, purchase order, invoice, project, or the parties’ relationship, the substantially prevailing party shall be entitled to recover from the non-prevailing party all reasonable attorneys’ fees, paralegal fees, expert witness fees, consultants’ fees, court costs, arbitration costs, litigation expenses, and costs of investigation and enforcement incurred before suit, at trial, on appeal, in bankruptcy proceedings, and in connection with post-judgment collection or enforcement efforts.
This provision shall survive completion of the project, delivery of products, termination of the parties’ relationship, and/or expiration of the Warranty.
7. Time Limit for Bringing Suit
Any action for breach of warranty must be commenced within five (5) years and thirty (30) days following delivery of the goods.
8. No Other Warranties
Unless modified in writing and signed by both parties, this agreement constitutes the complete and exclusive agreement between the parties concerning its subject matter, superseding all prior agreements, oral or written, and all other communications between the parties relating to that subject matter.
No representative or employee of Garrison, including anyone acting on behalf of its Flood Solutions division, or any other party is authorized to make any warranty in addition to those made in this agreement.
9. Allocation of Risk
This agreement allocates the risks of product failure for Garrison, including its operation of the Flood Solutions division. This allocation is recognized by both parties and is reflected in the price of the goods.
The purchaser acknowledges that it has read this agreement, understands it, and is bound by its terms.