POLY-FLEX, CONSTRUCTION, INC. (PFCI) warrants each installation of a POLY-FLEX LINER SYSTEM to be free from defects in workmanship from the date the installation of the Poly-Flex Liner System is completed and accepted by the Purchaser for a period of one year of normal use in approved applications.

This Workmanship Warranty does not include any damages or defects in the Poly-Flex Liner System itself, except to the extent solely caused by PFCI’s installation of the Poly-Flex Liner System.

Should defects or premature loss of use within the scope of the above Workmanship Warranty occur, PFCI will repair the Poly-Flex Liner System. PFCI will have the right to inspect and determine the cause of any alleged defect in the installation of the Poly-Flex Liner System and to take appropriate steps to repair the Poly-Flex Liner System if a covered defect exists and is within the term of this Workmanship Warranty.

This Workmanship Warranty is limited to the installation of the Poly-Flex Liner System only and PFCI makes no warranties with respect to the Poly-Flex Liner System itself.

Any claim for any alleged breach of this warranty must be made in writing, by certified mail, to the President of PFCI within thirty (30) days after the alleged defect is first noticed or should have been noticed. Should the required notice not be given, all warranties shall be deemed to have been waived by the Purchaser, and Purchaser shall have no right of recovery against PFCI. In the event repairs are to be effected, said repairs shall not become due until the working area subject to repair of Poly-Flex Liner System is available to PFCI in a clean, dry, unencumbered condition. This includes, but is not limited to, the work area made available for repair of Poly-Flex Liner System to be free from all water, dirt, sludge, residuals, and liquids of any kind.

PFCI’s, and its related entities, officers, shareholders, affiliates, agents, assigns and successors, liability under this warranty shall in no event exceed the cost of the particular installation. Further, under no circumstances shall PFCI, and/or its related entities, officers, shareholders, affiliates, agents, assigns and successors, be liable for any special, indirect, or consequential damages or any changes arising from loss of production or any other losses including losses due to personal injuries and product liability owing to the failure of the installation and no allowance will be made for repairs or alterations made by the Purchaser without the express written consent of PFCI.

PFCI neither assumes nor authorizes any person other than an officer of PFCI to assume for it any other or additional liability in connection with the installation which is the basis of the Workmanship Warranty. The Workmanship Warranty on the installation herein is given in lieu of all other warranties, either express or implied, and by accepting delivery of the installation Purchaser waives all other possible warranties, except those specifically given.

The parties expressly agree that the subject matter of this Workmanship Warranty is for commercial or industrial use only.

This Workmanship Warranty is made to the original Purchaser and is non-transferable and non-assignable.

Purchaser acknowledges by acceptance that the Workmanship Warranty given herein is accepted in preference to any and all other possible warranties.

PFCI MAKES NO WARRANTY OF ANY KIND OTHER THAN THAT GIVEN ABOVE AND HEREBY DISCLAIMS ALL WARRANTIES, BOTH EXPRESS OR IMPLIED, OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.