20-Year Limited Warranty - Fabricated Steel Components

Subject to all terms and conditions contained herein, Trivium Contracting and Shade Sails provides a twenty (20) year limited structural warranty on steel posts, steel brackets, steel anchor assemblies, and other steel components fabricated specifically for Trivium Contracting and Shade Sails projects.

This warranty applies only to fabricated steel components supplied by Trivium Contracting and Shade Sails and installed as part of a Trivium Contracting and Shade Sails shade sail or shade structure project.

Warranty Coverage

Trivium Contracting and Shade Sails warrants that the fabricated steel components shall be free from defects in fabrication and workmanship that result in structural failure under normal intended use for a period of twenty (20) years from the date of installation.

This warranty applies only where the steel components have been fabricated, installed, used, and maintained in accordance with Trivium Contracting and Shade Sails specifications, approved drawings, engineering requirements where applicable, and normal accepted construction practices.

At Trivium Contracting and Shade Sails’ sole discretion, any steel component found to be defective under this warranty may be repaired, reinforced, or replaced.

Pro-Rated Warranty Coverage

Trivium Contracting and Shade Sails agrees to provide, to the extent and for the period stated in the chart below, a percentage of the cost of repairing or replacing the defective fabricated steel component.

The customer shall be responsible for the remaining portion of any such repair or replacement cost, as well as any costs not specifically covered under this warranty.

Warranty period is calculated from the date of installation.

Year 0-5: 100%
Year 5-10: 75%
Year 10-15: 50%
Year 15-20: 25%

Surface Finish, Coatings, and Corrosion

This 20-year warranty applies to the structural integrity of the fabricated steel components only.

Paint, powder coating, primer, galvanizing, surface finish, fading, chalking, scratches, chips, staining, minor surface rust, and cosmetic appearance are not covered under this 20-year structural warranty unless specifically stated in writing under a separate coating or finish warranty.

Steel components installed in corrosive environments, including but not limited to pool areas, chemical exposure areas, high-salt environments, industrial areas, irrigation overspray zones, or locations with poor drainage or standing water, may require additional maintenance and may not qualify for full warranty coverage if proper maintenance has not been performed.

Exclusions

This limited warranty does not apply to any steel component that, in the sole judgment of Trivium Contracting and Shade Sails:

has been subject to misuse, neglect, vandalism, accidental damage, impact damage, or excessive wear and tear that exceeds normal use;
has been altered, modified, cut, welded, drilled, repaired, moved, removed, reinstalled, or otherwise handled by anyone other than Trivium Contracting and Shade Sails or an authorized contractor approved by Trivium Contracting and Shade Sails;
has been overloaded, misused, or used for a purpose other than the intended shade sail or shade structure application;
has been damaged by severe weather, extreme winds, snow load, ice load, falling trees, falling branches, flooding, fire, earthquake, ground movement, natural disaster, or other events beyond normal intended use;
has failed due to inadequate maintenance, lack of inspection, improper cleaning, standing water, blocked drainage, corrosion-promoting conditions, or failure to address visible damage in a timely manner;
has been damaged by equipment, machinery, vehicles, ladders, landscaping work, construction activity, or other work performed near the structure;
has been installed into, attached to, or supported by a building, wall, footing, concrete base, roof structure, deck, framing assembly, or other supporting structure that is inadequate, defective, deteriorated, improperly constructed, or not designed to accept the applied loads;
has failed due to movement, settlement, cracking, deterioration, or failure of concrete footings, foundations, walls, framing, roof structures, decks, or other supporting structures;
has been exposed to harmful chemicals, solvents, fertilizers, pool chemicals, de-icing salts, heavy pollution, corrosive substances, or other materials harmful to steel or coatings;
has experienced cosmetic issues that do not affect the structural performance of the steel component.

Items Not Covered

This warranty does not cover shade sail fabric, fabric stitching, cables, ropes, turnbuckles, shackles, eyebolts, fasteners, removable hardware, third-party components, electrical components, lighting, or accessories unless specifically stated in writing.

This warranty also does not cover normal maintenance, re-tensioning, seasonal removal or reinstallation, cleaning, refinishing, repainting, coating touch-ups, or cosmetic repairs.

Labour, Access, and Related Costs

Unless specifically stated in writing, this warranty is limited to the repair, reinforcement, or replacement of the defective fabricated steel component only.

Trivium Contracting and Shade Sails shall not be responsible for incidental or related costs including but not limited to scaffolding, lifts, cranes, access equipment, demolition, landscaping repair, building repair, siding repair, drywall repair, painting, travel, shipping, engineering review, loss of use, loss of revenue, business interruption, or other consequential costs.

Maintenance Requirements

To maintain warranty coverage, the customer is responsible for inspecting the steel components at least once per year and after major wind or weather events.

The customer shall keep the components clean, free of standing water, free of chemical buildup, and free from contact with soil, fertilizers, pool chemicals, or corrosive substances.

Any visible damage, loose hardware, movement, cracking, corrosion, impact damage, or unusual noise or movement must be reported to Trivium Contracting and Shade Sails in writing as soon as reasonably possible.

Failure to perform reasonable maintenance or failure to report visible damage in a timely manner may void this warranty.

Claims

Any claim under this warranty must be made in writing within thirty (30) days from the date on which the defect first became noticeable.

Failure to notify Trivium Contracting and Shade Sails within thirty (30) days following discovery of the defect may render this limited warranty null and void with respect to that particular defect.

After notification of an alleged defect, Trivium Contracting and Shade Sails shall be entitled to inspect the component and surrounding structure before any repair, removal, replacement, or alteration is performed.

If Trivium Contracting and Shade Sails is denied the right to inspect the alleged defect, this limited warranty shall be null and void with respect to that particular defect.

Limitation of Liability

Trivium Contracting and Shade Sails shall not be liable for consequential, incidental, indirect, or special damages, including but not limited to loss of profits or revenue, loss of use of equipment or facility, cost of capital, lost opportunity costs, business interruption, or any other loss resulting from or relating to the design, installation, use, inability to use, repair, replacement, or delay involving the products covered by this warranty.

Snow Load and Winter Removal

Shade sail fabric is designed for seasonal shade use and is not designed to support snow loads, ice loads, freezing rain, or accumulated winter precipitation unless specifically stated in writing and engineered for that purpose.

The customer is responsible for removing the shade sail prior to snowfall, freezing conditions, or any period where snow or ice accumulation may occur.

Damage to the shade sail fabric, stitching, seams, cables, attachment hardware, posts, brackets, supporting structures, or surrounding property caused by snow load, ice load, freezing rain, winter conditions, or failure to remove the sail when required is not covered under this warranty.

Warranty Contact

Any questions, inquiries, or claims under this limited warranty shall be directed to:

Trivium Contracting and Shade Sails
Stephen Eusebi
250-551-3745
stephen@triviumcontracting.com