Tensoshade™ offers one of the most comprehensive warranties in the business. Please read carefully for details on our warranty.
We want all our customers to be satisfied and enjoy their shade experience for many years. Even though, much care is taken into the manufacture of our products, it is still possible that a problem may arise in the future.
1) Warranty; Limitations of Liability:
- Company warrants that all Company-supplied labor and Services will be performed in a good and workmanlike manner.
- Company provides a limited warranty on all Tensoshade™ supplied labor and materials.
No other warranty is implied.
- The warranty set forth in this Section 1 will be the Purchaser’s sole and exclusive warranty, and is void if structures are not paid for in full.
- The warranty set forth in this Section 1 will run from the date of performance of the service by the Company, and any warranty claims brought by Purchaser must be brought within one year of the date of performance of the Service and construction completion and assembled by Tensoshade™, giving rise to the claim.
Tensoshade™ shall not in any event be liable for indirect, special, consequential, or liquidated damages.
- Tensoshade™ specifically denies the implied warranties of fitness for a particular purpose and merchantability.
- Tensoshade™ reserves the right to repair or replace any item covered by this warranty.
- Purchaser’s sole remedy for a breach of the warranty set forth in this Section 1 will be the re-performance of the Services, or if that is not possible or practical, the refund of the price of the Services that breached the warranty.
- Purchaser shall notify Company in writing detailing any defects in Service for which a warranty claim is being made.
- COMPANY SHALL NOT IN ANY EVENT BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR LIQUIDATED DAMAGES IN ANY ACTION ARISING FROM OR RELATED TO THIS AGREEMENT, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), INTENDED CONDUCT OR OTHERWISE, INCLUDING WITHOUT LIMITATION, DAMAGES RELATING TO THE LOSS OF PROFITS, INCOME OR GOODWILL, REGARDLESS OF WHETHER COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- IN NO EVENT WILL COMPANY’S LIABILITY FOR MONETARY DAMAGES UNDER THIS AGREEMENT EXCEED THE FEES PAID OR DUE AND PAYABLE FOR THE SERVICES UNDER THIS AGREEMENT (OR THE RELEVANT PURCHASE ORDER).
- EXCEPT FOR THE WARRANTIES EXPRESSLY SET FORTH IN THIS AGREEMENT, COMPANY MAKES, AND PURCHASER RECEIVES, NO WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, ARISING OUT OF, RELATED TO, OR UNDER THIS AGREEMENT, AND SPECIFICALLY DENIES THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY. FURTHER, EXCEPT AS EXPRESSLY SET FORTH HEREIN, COMPANY ACKNOWLEDGES THAT THE SERVICES AND STRUCTURES PROVIDED HEREIN ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
COMPANY DOES NOT WARRANT THAT THE SERVICES OR STRUCTURES WILL MEET YOUR REQUIREMENTS OR THOSE OF THE OWNER.
- For all Structures installed by Tensoshade™, Purchaser must sign and return the “Customer Checklist and Sign-off” form to the Company within 10 business days from the construction completion date, or Company will not be held responsible for any warranties under this Section 1 or any damage to the Structure. The warranty will also be considered null and void until this checklist is received Within the 10 business days.
Indemnification: To the fullest extent permitted by law, Purchaser shall indemnify, defend and hold harmless the Company and its consultants, agents and employees or any of them from and against claims, damages, losses and expenses, including but not limited to attorneys’ fees, related to the installation of the Structure or performance of the Services, provided that such claim, damage, loss or expense is attributable to bodily injury to, sickness, disease or death of a person or to injury to or destruction of tangible property, but only to the extent caused by the negligent acts or omissions of the Purchaser or its agents, employees, or subcontractors or anyone directly or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, damage, loss or expense is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity that would otherwise exist as to a party or person described in this Section 1.
- No warranty whatsoever will be offered if Tensoshade™ fabricated structures are installed by others, and/or a non-certified Tensoshade™ installer. This includes and not limited to footings, structure erection, fabric placement and tensioning.
- All warranty will be voided once the shade structure crate has been picked up by others from Tensoshade™ fabrication facility.
2) Steel Structure:
- Purchaser shall notify the Tensoshade™ in writing, detailing any defects for which a warranty claim is being made.
- Tensoshade™ reserves the right to repair or replace any item covered by this warranty and shall not in any event be liable for indirect, special, consequential, or liquidated damages, specifically denies the implied warranties of fitness for a particular purpose and merchantability.
- The structural integrity of the steel is warranted for 10 years on a prorated basis.
- The warranty is void if the structures are not assembled in strict compliance with the company specifications and regular maintenance is not performed. This is particularly critical in regions where dirt/sand may cause abrasion of fabric.
- The warranty shall be void if damage to the steel frame or fabric top is caused by misuse, willful or intentional damage, vandalism, any Act of God (i.e. hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of applicable building code parameters.
- The warranty is void if any changes, modifications, additions, or attachments are made to the structures without the prior written consent of the company. No signs, objects, fans, light fixtures, etc., may be hung from the structures, unless specifically engineered by Tensoshade™. These items may interfere with the fabric, voiding the warranty.
- This warranty shall be void if damage to the steel frame is caused by misuse, vandalism, any Act of God (i.e. hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of applicable building code parameters.
3) Powder Coat Finish:
- Workmanship and powder coated surfaces are warranted for 1 year.
- The warranty is void if attachments are added to the structures prior written consent of our company.
- Warranty will be void particularly in coastal regions and aquatic facilities where structure and powder coat finish are exposed and in contact with mineral salt deposits and chemical PH balancing treatments and chemical chlorine respectively that may cause corrosion and oxidation.
- All hardware, cables, turnbuckles and fittings are covered for a period of 12 months from date of purchase.
5) Mesh Fabrics and PVC membranes:
- Not covered to any material PVC or HDPE are rips and tears caused by means other than faulty workmanship. Should the fabric need to be replaced under the warranty, Tensoshade™ will manufacture and ship a new fabric at no charge for 1 year. Purchaser is responsible for shipping and handling charges.
- No signs, objects, fans, light fixtures, etc., may be hung from the structures, unless specifically engineered by the company consultants. These items may interfere with the fabric, voiding the warranty.
- This warranty shall be void if damage to the fabric is caused by contact with chemicals, misuse, vandalism, open fire, fireworks, negligent, accidents and any Act of God (i.e. hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code parameters.
- Tensoshade™ structures are designed to eliminate friction between the rafters and fabric. The warranty will be voided if any modification or attachment is made to the rafter(s). The fabric will wear/tear should any object be placed between the rafter and the fabric, voiding the warranty.
- Labor for the removal, assembly, and/or freight will be covered for a period of 1 year, where the structures supplied and assembled by Tensoshade™ are defective. In all cases where the structures are not assembled by TENSOSHADE™, LLC. or its agents, all labor for the removal, assembly and/or freight will be at the customers’ expense, and the warranty will only be applicable to the repair or replacement of the defective materials.
- Fabric tops are NOT fire proof; however, the material is fire retardant. Therefore, this warranty shall be void if damage to the fabric is caused by fireworks either negligent or accidental, open flame, outdoor grilling, bomb fires and any activity related to direct or indirect heat.
- All fabric curtains, valances and flat vertical panels are not covered under the warranty.
- All fabric tops are warranted for winds/gusts up to 90mph and prior to snow or ice accumulation.
- Fabrics are not warranted where it is assembled on a structure that is not engineered and built by Tensoshade™.
6) Commercial 95® Fabric:
- Commercial 95® fabrics carry a 10-year limited manufacturer’s warranty on a pro-rata basis from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration, with the exception of the color Cherry Red and Yellow only warranted for 5 years against significant failure due to drastically ultraviolet deterioration.
- HDPE fabrics are covered for gusts up to 90 mph winds and sustained winds up to 60 mph (hurricane force 1). Should winds gusts exceed 90 or 60 mph winds respectively, shade fabrics must be removed. The warranty is void if gusts exceed 90 mph winds.
7) Serge Ferrari® PVC coated membrane and Architec 400® Fabric:
- Serge Ferrari® and Architec 400® carry a 5-year limited manufacturer’s warranty on a pro-rata basis from the date of assembly, against failure from significant fading, deterioration, breakdown, mildew, outdoor heat, cold, or discoloration, with the exception f the colors red and yellow family membrane colors are only warranted for 3 years against drastically ultraviolet deterioration.
- Tensoshade™ reserves the right, in cases where certain fabric colors have been discontinued, to offer the customer a choice of available colors to replace the warranted fabric of the discontinued color. Tensoshade™ 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, without recourse by the owner of the discontinued fabric color.
- PVC fabrics are covered for gusts up to 60mph winds and sustained winds up to 40 mph. Should winds gusts exceed 90 or 60 mph winds respectively, shade fabrics must be removed. The warranty is void if gusts exceed 60 mph winds.
NOTE: fabric warranties cover fabric tops up to 40’ in length. Fabric tops over 40’ in length are covered by a non-prorated 3-year warranty. Additionally, fabric tops made from other fabric types will include their respective manufacturer’s warranty.
Where units where not assembled by Tensoshade™, all labor for the removal, assembly and/or freight will be for the customer’s account and the warranty will only be applicable to the repair or replacement of defective materials.
- This warranty does not cover damage from fire, cuts, vandalism, misuse, or any Act of God (i.e. hurricane, tornado, micro/macroburst), including, but not limited to, ice, snow, or wind in excess of the applicable building code.
- Labor for the removal, assembly and/or freight of tops with damage caused by thread will only be covered in instances where Tensoshade™ has assembled the unit. In all cases
- The thread will be free from defects in material/workmanship and will not be damaged by exposure to sunlight, weather, or water.
- Tensoshade™ warranties its sewing thread for a period of 3 years.