Subject to the terms, conditions, and limitations set forth herein, American Steel Carports Inc. (“ASCI”) hereby provides the Owner (“Owner”) with this limited manufacturer warranty (hereafter “Limited Warranty” or “warranty”) for the steel structure purchased by Owner.
Products Covered. The “Structure” shall only mean the building purchased by Owner from ASCI comprised of steel and metal components fabricated by ASCI and installed by a certified ASCI contractor. The products covered herein shall only include the frame, truss, base rails and tubing. Any materials not manufactured by ASCI are expressly excluded and not covered under this limited manufacturer warranty. Separate, third-party manufacturer warranties may cover components integrated into the Structure and are available upon request.
Warranty Coverage
Rust. ASCI shall warrant the Structure, for a period of 20 years from the date of installation, against rust through the framing of its 12-gauge steel square tubing, assuming normal user care and maintenance. 14-gauge steel square tubing shall be warranted against defect for a period of 10 years against rust through the framing.
Wind. ASCI shall warrant the Structure, installed with a ASCI certified anchoring system, for a period of 20 years from the date of installation against damages to the Structure from wind gusts of up to 100 MPH. Any sustained winds are expressly excluded. This wind warranty only covers the lifting and removal of the unit from the ground and does not cover the “swaying” of the unit due to high winds, as the anchors will be performing as intended during “swaying” periods. Wind warranty is voided in the event the foundation does not comply with the ASCI construction plans. Owner may contact ASCI to get the specific construction plans for the Owner’s geographical location and building.
Exclusions, Limitations & Voiding of Warranty
Limitations on Manufacturer Warranty. The Manufacturer Warranty does not cover roof leaks on horizontal roof paneling longer than 31 feet in length. Water under the base rail is not covered under the warranty and it is not considered a defect in the Structure. ASCI does not seal the structure at the base rail, nor does ASCI represent the Structure to be waterproof at the base rail. Skylights and all materials integrated into the Structure are expressly excluded from this limited warranty. Structures are not designed to prevent light intrusion, and ASCI does not warrant its buildings against light intrusion.
Modifications. ASCI products are specially engineered and designed as manufactured. Any unauthorized modification to the structure may void this warranty in its entirety. Unauthorized modifications include, but are not limited to, shop fans, unauthorized insulation, modifications that involve drilling into the Structure’s truss or paneling, or any other modification that changes alters the original design by ASCI.
Intended Use. ASCI only warrants its structures for their intended use as exterior carports, sheds and garages. ASCI structures are not intended to be habitable or used as a dwelling.
Exclusions. The following shall constitute exclusions from the Limited Warranty and ASCI shall not be liable for any damages associated with: fire, settling of the foundation, distortion, or other failure of the foundation; causes including but not limited to floods, lightning, wind storms sustained high winds or wind gusts above 100 MPH, hail, cyclones, hurricanes, tornadoes, earthquakes or other Acts of God or extraordinary or unusual events; winds with a peak gust speed at or in excess of 90 MPH calculated at ten (10) meters above ground using available meteorological data; vandalism and damage caused by third parties; foreign objects or agents, including plant or animal life; damage that is caused by snow or ice (Owner is responsible for removing accumulated snow and ice to prevent collapse and voiding of the warranty); use of the Structure other than for its intended purpose; the Structure being installed on unlevel ground; installation of the Structure by a non-certified ASCI contractor; improper anchoring; temporary anchoring such as rebar or cinder block; any relocation of the Structure from its original installation location; and any unapproved modification of the original Structure. Any of the above reference occurrences shall void this warranty.
Third-Parties. Garage doors, windows and other components are manufactured by third-parties and are not covered under this limited warranty. Owner’s foundation must comply with the construction plans for Owner’s structure. Non-compliant foundations will void this warranty.
General Terms and Conditions
Payment Required. ASCI shall have no obligation under this Limited Warranty until ASCI has been paid in full for the Structure.
Maintenance. Owner is required to regularly maintain the Structure, including general maintenance, and should ensure that debris and snow does not accumulate on the roof. This includes immediate leaf, snow and debris removal. Failure to maintain the Structure will void this Limited Warranty.
Notice. Any claim under this Limited Warranty must be in writing and transmitted by the original purchaser to ASCI at American Steel Carports, Inc., 457 N. Broadway St., Joshua, TX 76058 and be received within thirty (30) calendar days of discovering the alleged defect. This written notification must include a description of the defect, proof of purchase, and supporting photographs and videos. Owner is responsible for providing all necessary documentation to support Owner’s warranty claim. Owner’s failure to properly document the claim may result in denial of the warranty claim. ASCI must have a reasonable opportunity to inspect the damages and/or defects set forth in Owner’s claim. Any repairs made prior to ASCI’s inspection of the Structure will void this warranty. Failure to provide notice of the warranty defect within the time prescribed herein shall void this warranty.
Investigation. Should the investigation reveal that the defect is excluded under the Limited Warranty, the Owner shall be responsible for payment of the investigation costs. Failure by Owner to pay for these costs shall render this Limited Warranty null and void. The Owner is responsible for paying for all repairs not covered by this Limited Warranty. Failure to make said non-covered repairs, within sixty (60) days of the loss, shall render this Limited Warranty null and void. Repairs shall be made by a certified ASCI contractor. Any repairs made by any non-certified ASCI contractor shall void this warranty.
Access. During the term of this Limited Warranty, ASCI’s designated representative shall have access to the Structure for inspection, audit, or repair purposes. In the event that access is limited due to security, HOA or other restrictions, Owner shall reimburse ASCI for all reasonable costs incurred during inspection and/or repair of the Structure that are due to delays associated with said restrictions.
Non-Transferrable. This warranty extends only to the original purchaser of the Structure and is nontransferable.
Waiver. ASCI’s failure to enforce any of the terms or conditions stated herein shall not be construed as a waiver of such provision or of any other terms and conditions of this Limited Warranty.
Disputes. Any dispute, controversy or claim between the Owner and ASCI concerning this Limited Warranty or relating to any material supplied or specifically required by ASCI shall be settled by mediation. The Owner hereby releases ASCI from all liability to Owner’s insurance carrier or to anyone claiming under or through Owner by reason of subrogation or otherwise. In the event that the Owner and ASCI do not resolve the dispute, controversy or claim in mediation, both the Owner and ASCI expressly stipulate that this Limited Warranty shall be governed by, and construed in accordance with, the laws of the State of Texas and both Owner and ASCI expressly submit to the jurisdiction of the courts of the State of Texas in Tarrant County, Texas or of the United States District Court for the Northern District of Texas to the exclusion of any other jurisdiction.
Severability. If any portion of this Limited Warranty is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and the invalid provision shall be modified by the court only to the extent to render the provision valid and to enforce the purposes of the parties set forth herein.
Warranty Disclaimer. THERE ARE NO WARRANTIES OTHER THAN THOSE DESCRIBED HEREIN. THE WARRANTIES IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHICH ARE EXPRESSLY DISCLAIMED. IN THE EVENT ANY PARTICULAR STATE LIMITS DISCLAIMER OF WARRANTIES, THEN THIS DISCLAIMER SHALL BE AS BROAD AS ALLOWED BY THAT STATE’S LAW.
ASCI DOES NOT WARRANT PRODUCTS INCORPORATED OR UTILIZED IN THIS INSTALLATION THAT WERE NOT FURNISHED BY ASCI. ASCI SPECIFICALLY DISCLAIMS LIABILITY UNDER ANY THEORY OF LAW ARISING OUT OF THE INSTALLATION OF, PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY ASCI. THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ASCI HEREBY DISCLAIMS ALL SUCH WARRANTIES. THIS LIMITED WARRANTY SHALL BE THE OWNER’S SOLE AND EXCLUSIVE REMEDY AGAINST ASCI, AND ASCI SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO THE BUILDING OR ITS CONTENTS, SUBSTRATES OR THE ROOF DECK. THIS LIMITED WARRANTY CANNOT BE AMENDED, ALTERED OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED OFFICER OF ASCI. NO OTHER PERSON HAS ANY AUTHORITY TO BIND ASCI WITH ANY REPRESENTATION OR WARRANTY WHETHER ORAL OR WRITTEN.
Third Party Components
Paint Warranty. ASCI integrates Sherwin Williams paint for all metal finishes. Sherwin Williams warrants the paint finish against peeling, flaking, or loss of adhesion (“Film Integrity”) to the extent that is apparent on ordinary visual observation. Expressly excluded from this warranty is normal wear and tear along with slight crazing or cracking which may occur on roll-formed edges, or break/bends, at the time of forming. These potential crazing and/or cracking in the paint shall not constitute a basis for a warranty claim. Further, paint failure due to substrate issues including, but not limited to corrosion, are not covered by this Limited Warranty. ASCI shall provide a manufacturer warranty on 29-Gauge steel for a period of 10 years, and 26-Gauge steel for a period of 20 years. ASCI can provide Owner a copy of the paint warranty from Sherwin Williams upon written request.
Doors, Windows, Etc. ASCI sources various structure components from third-party manufacturers, such as the doors and windows. ASCI does not warrant these third-party components; however, these components may have applicable warranties associated therewith. You may reach out to ASCI to obtain these warranties, where applicable; which are available upon request.