Engineered Lining Systems

    Engineered Lining System, Inc., (hereinafter “E.L.S.”), grants a limited labor warranty to the owner of a canal (the “OWNER”) containing an Engineered Lining System canal membrane liner installed by E.L.S., subject to the conditions and limitations contained herein.
    Engineered Lining Systems, Inc.’s, obligation during the 1st month through the 18th month shall be to repair any leak in the canal membrane caused by any defect in the Engineered Lining System, Inc. membrane, materials or accessories or by the workmanship of E.L.S., but only as it pertains to the installation of the Engineered Lining System and not for other work performed, if any. This obligation includes the cost of/or furnishing of labor to repair said canal membrane at the contractor list price, which is in effect at the time of repair, provided the following conditions are met
1. Engineered Lining Systems, Inc. has authorized the repair, and,
2. Engineered Lining Systems, Inc. makes the repair.
LIMITATIONS
1) This limited labor warranty does not apply to an Engineered Lining Systems, Inc. installed by any others.
2) E.L.S. shall in no instance be held liable for any canal failure and/or subsequent damage arising from causes outside E.L.S. control, including, but not limited to:
    a) Damage caused by fire, lightning, hurricane, gale, hail, tornado, flood, earthquake or acts of God; or
    b) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
    c) Damage caused by any unauthorized modification to the E.L.S. canal lining including, but not limited to, damage caused by unauthorized components used in installation or repair, or by additional equipment or structures added to or made a part of the canal or by traffic, or by chemicals not normally found in canals or the like;
3) E.L.S. is not liable under this limited warranty unless:
    a) The Owner notifies E.L.S. at the above address in writing by certified mail, return receipt requested, within thirty (30) days of the discovery of any leak or other alleged material failure; and
    b) The Owner allows E.L.S. agent or its Authorized Contractor access to the canal for inspection and examination; and
    c) E.L.S. and/or Authorized Contractor have been paid in full by the Owner or its predecessor in title for all services rendered; and
    d) E.L.S. authorizes the repair and the repair is done by E.L.S. or and Authorized Contractor.
4) This limited warranty passes to future Owners of the canal for the full 18 months hereof.
5) This limited warranty becomes effective only upon signature by both an authorized E.L.S. representative and the original Owner.
6) This limited warranty shall be governed in all respects by the laws of the State of Texas regardless of the State of purchase or installation.
7) E.L.S. does not waive any rights under this limited warranty by refraining to exercise its rights in full in one or more instances.

THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES OF THE OWNER FOR ALLEGED FAILURE OF THE ENGINEERED LINING SYSTEM, WHETHER IN MEMBRANE, MATERIAL, ACCESSORIES OR E.L.S. WORKMANSHIP. THIS LIMITED WARRANTY DOES NOT COVER CONSEQUENTIAL DAMAGES DERIVED FROM LEAKS CAUSED BY DEFECTS WARRANTED AGAINST ABOVE. THERE ARE NO WARRANTIES OF MERCHANT ABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED) THAT EXTEND BEYOND THE FACE OF THIS LIMITED WARRANTY; E.L.S. EXPRESSLY DISCLAIMS ANY SUCH FURTHER WARRANTIES.

If Engineered Lining Systems, Inc. made any statements about E.L.S. merchandise and services, those statements are not warranties, cannot be relied upon by Owner, and are not part of the contractor for sale or installation

Engineered Lining Systems, Inc.