Statement of Limited Warranty
Shade Structures, Inc., DBA USA SHADE warrants that all products will be free from defects in workmanship and materials for the warranty periods listed below from the date of sale, or if installation is provided by USA SHADE, upon the date of completed installation.
- Twenty-Five (25) – Year Limited Warranty on Steel Framework
- Twelve (12) – Year Non-Prorated Limited Warranty on Fabric Panels including Thread (certain colors carry a shorter warranty period, as specified below)
- Five (5) – Year Limited Warranty on Hardware and Cables (covers structural failure of hardware; excludes cosmetic surface oxidation)
- One (1) – Year Limited Warranty on All Steel Paint Finishes and any other part or product not covered by one of the above warranties
The above-mentioned warranties are subject to terms and conditions listed below. All warranties will be void if USA SHADE is not paid in full for the product provided.
- If the installation is provided by USA SHADE, workmanship covering the labor for the removal, assembly and cost of shipping will be covered for one year.
- If the installation is not provided by USA SHADE, the warranty stated above is only valid if the structures are installed per USA SHADE’s drawings and installation instructions and have been maintained and inspected in accordance with USA SHADE’s instructions.
- Shadesure ™, Colourshade ® FR, Extreme 32™ and Commercial 95™ fabrics all carry a twelve (12) year limited manufacturer’s warranty against failure from significant fading, deterioration, breakdown, outdoor heat, cold or discoloration. Should the fabric need to be replaced under the warranty, the Company will repair or manufacture and ship a new replacement fabric at no charge on a non-prorated basis for the full duration of the applicable fabric warranty period. After the first (1st) year following the date of sale or completed installation, the Purchaser or Owner is responsible for the cost of removal, re-installation, and freight associated with any warranted replacement fabric, except where installation was provided by USA SHADE and the claim arises within the one (1) year workmanship period. The following are exceptions to the preceding warranty terms:
- Shadesure™ fabrics in Red, Yellow, Atomic Orange, Electric Purple, Zesty Lime, Cinnamon, Olive and Mulberry carry a five-year warranty.
- Fabric panels attached to Coolbrella™ structures carry a three-year warranty.
- Individual fabric panels measuring greater than 40’ in length are covered by a five (5) year warranty.
- Fabric panels in desert conditions with high winds and sandy conditions are covered for eight (8) years
- USA SHADE reserves the right, in cases where certain fabric colors have been discontinued, to offer the Purchaser or Owner a choice of available alternative colors to replace the warranted fabric. USA SHADE 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 Purchaser or Owner of the continued fabric color.
- Should the Purchaser or Owner sell the structures to another party, the warranty cannot be transferred to the new owner without a complete and thorough on-site inspection performed by a USA SHADE representative. Please contact the company at warranty@usa-shade.com for more details.
- All warranty claims covering USA SHADE supplied structures, products and services must be submitted by Purchaser or Owner in writing to USA SHADE within thirty (30) days from the date of discovery of the alleged defect and must include a detailed description and photographs of the alleged defect or problem. Warranty claims should be submitted by email to: warranty@usa-shade.com.
- These limited warranties are void if:
- Any changes, modifications, additions or attachments are made to the structures in any way, without prior written approval from USA SHADE and unless specifically engineered by USA SHADE.
- USA SHADE strict recommendations on panel size, shape and entry heights along with steel finishes are not followed. Examples are as follows:
- Fabric sail panels over 40 feet with improper entry height changes
- These limited warranties do not cover defects and/or damage caused by:
- Normal wear and tear.
- Corrosion or coating degradation in coastal or aquatic environments, except to the extent expressly covered under the Coastal and Aquatic Environment Provisions set forth below.
- Misuse, willful or intentional damage, vandalism, contact with chemicals, cuts and Acts of God (i.e. tornado, hurricane, micro/macros burst, earthquake, wildfires, etc.)
- Ice, snow or wind loads more than the designed load parameters engineered for the supplied structures.
- Use, maintenance, neglect, repair and/or service inconsistent with the Operation and Maintenance Manual.
- The limited warranties explicitly exclude:
- Workmanship related to assembly not provided by USA SHADE or its agents.
- Fabric curtains, valances and flat vertical panels.
- Fabric panels installed on structures that were not engineered and originally supplied by USA SHADE.
- Normal variations in the appearance of galvanized steel.
- Coastal and Aquatic Environment Provisions. The warranty coverage set forth above applies subject to the environmental classification of the installation site as defined below. Environmental classifications align with the United States Department of Defense Environmental Severity Classification (ESC) system under Unified Facilities Criteria (UFC) 1-200-01 and the atmospheric corrosivity categories under ISO 9223 and ISO 12944.
- Zone 1 — Inland. Installation sites more than six (6) miles from the mean high-water line of any ocean, bay, estuary, marsh, or other body of salt or brackish water, and more than twenty-five (25) feet from the perimeter of any swimming pool, spa, splash pad, water feature, or water-treatment facility. Corresponds to DoD ESC C3 or lower / ISO 12944 C3. The standard USA SHADE finish system applies. Full warranty coverage as set forth in this document, including the twenty-five (25) year Steel Framework Warranty, applies without limitation attributable to environmental corrosivity.
- Zone 2 — Coastal / Aquatic. Installation sites within six (6) miles of the mean high-water line of any ocean, bay, estuary, marsh, or other body of salt or brackish water, or within twenty-five (25) feet of the perimeter of any swimming pool, spa, splash pad, water feature, or water-treatment facility. Corresponds to DoD ESC C4 or higher / ISO 12944 C4 or higher. Full warranty coverage set forth in this document, including the twenty-five (25) year Steel Framework Warranty, applies only where all structural steel has been post-fabrication hot-dip galvanized per ASTM A123 Grade 100 minimum prior to finish application, and where the Owner has complied with the Coastal Maintenance Protocol set forth below. Zone 2 installations without post-fabrication hot-dip galvanized structural steel are not covered for any corrosion-related claims, and coating aesthetic performance (color retention, gloss retention, and freedom from surface degradation of the powder coat finish) is excluded from warranty coverage in Zone 2 environments regardless of substrate treatment.
- Twenty-Five (25) Year Steel Framework Warranty Across Zones. The twenty-five (25) year Limited Warranty on Steel Framework applies in both Zone 1 and Zone 2, subject to the requirements of the applicable zone. In Zone 1, coverage is provided by the standard USA SHADE finish system on the steel framework. In Zone 2, coverage is provided by the post-fabrication hot-dip galvanized substrate and requires compliance with the Coastal Maintenance Protocol.
- Coastal Maintenance Protocol. For Zone 2 installations, the Owner shall rinse all exposed steel and hardware surfaces of the Structure with fresh water at minimum twice annually. Documentation of maintenance is recommended; in the event of a warranty claim, USA SHADE may request such documentation. Failure to perform reasonable coastal maintenance may, at the Company’s reasonable discretion, void corrosion-related warranty claims.
- Site Classification. USA SHADE reserves the right to classify the environmental zone applicable to any installation site based on documented geographic location, prevailing atmospheric transport conditions, and site-specific factors. For federal projects, project sites shall be classified using the DoD ISO Corrosivity Category Estimation Tool (ICCET) under UFC 1-200-01; ICCET classifications of ESC C4 or higher trigger the Zone 2 requirement. Where the geographic distance-based classification and the ICCET classification differ, the more stringent classification governs. In cases of ambiguity in site classification — including installations near tidal rivers, brackish estuaries, coastal wetlands, or sheltered bays with variable salinity — USA SHADE reserves the right to classify the site into Zone 2.
- THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, LIQUIDATED, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF REVENUE, PROFIT, USE OR GOODWILL, WHETHER BASED UPON CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, ARISING OUT OF A BREACH OF THIS WARRANTY OR IN CONNECTION WITH THE SALE, INSTALLATION, MAINTENANCE, USE, OPERATION OR REPAIR OF ANY PRODUCT OR SERVICE. IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY AMOUNT GREATER THAN THE PURCHASE PRICE FOR ANY PRODUCT OR SERVICE PROVIDED BY THE COMPANY.
- THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY FOR THE COMPANY’S PRODUCTS AND SERVICES, AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, IN LAW OR IN FACT. SELLER SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR USE OR PURPOSE, AND ANY IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING OR PERFORMANCE OR TRADE USAGE. PURCHASER, BY ACCEPTANCE AND USE OF THIS LIMITED WARRANTY, WAIVES ANY RIGHTS IT WOULD OTHERWISE HAVE TO CLAIM OR ASSERT THAT THIS LIMITED WARRANTY FAILS OF ITS ESSENTIAL PURPOSE.
- Exclusive Remedy. Upon receipt of a valid warranty claim, USA SHADE will, in its sole discretion, repair the affected product, manufacture and ship a replacement product, or refund the portion of the purchase price allocable to the defective product, labor, or service. Repair, replacement, or refund as described herein is the Purchaser’s and Owner’s sole and exclusive remedy for any breach of this limited warranty.
- Governing Law and Venue. This limited warranty, and any dispute arising out of or relating to it, shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict-of-laws principles. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in [Dallas County], Texas for any action arising out of or relating to this limited warranty.
- Time to Bring Claim. Any legal action arising out of or relating to this limited warranty must be commenced within one (1) year after the date USA SHADE denies the warranty claim in writing, or such action shall be permanently barred to the fullest extent permitted by applicable law.
- No Authority to Modify. No dealer, representative, agent, or employee of USA SHADE is authorized to make any modification, extension, or addition to this limited warranty, whether orally or in writing. This document constitutes the entire warranty for the products and services described herein and supersedes any prior or contemporaneous representations.
- Severability. If any provision of this limited warranty is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid or unenforceable provision shall be modified only to the extent necessary to make it enforceable.
- Notice. Written warranty claims and legal notices may be submitted to USA SHADE by email to warranty@usa-shade.com and by mail to: Shade Structures, Inc. dba USA SHADE, Attn: Warranty Department, 2580 Esters Blvd., Suite 100, DFW Airport, TX 75261.
Shadesure™ Colourshade ® and Extreme 32™ are registered trademarks of Multiknit Pty. Ltd.
Commercial 95™ is a registered trademarks of Gale Pacific USA Inc.