Limited Lifetime Warranty on FootingPad Post Foundations

THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY FOOTINGPAD. FOOTINGPAD MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED.

FOOTINGPAD (the “Warrantor”), whose address is 400 Carol Ann Ln, Ossian, IN 46777 warrants that the goods described in this warranty will comply with the applicable specifications of the Warrantor for product in effect as of the date of purchase, are free from defects in workmanship and materials, and suitable for use as a footing for post-supported structures in accordance with the manufacturer’s specifications including but not limited to proper product size selection, minimum post size, load limits, installation instructions, and International Code Council building code standards.

Who May Use This Warranty

This warranty extends to the original purchaser of the product warranted under this warranty and to each transferee of the product during the term of the warranty (each, a “Consumer”).
 

What is Covered in this Warranty

This warranty covers FootingPad post foundations (the “Product”).
 

How Long Does this Warranty Last

The term of this warranty begins on the date the Product is purchased by the original purchaser and continues for the lifetime of the Product.
 

What Will the Warrantor Do Under this Warranty

In the event of a defect, malfunction, or other failure of the Product not caused by any misuse or damage to the Product while in the Consumer’s possession, the Warrantor will remedy the failure or defect, without charge to the Consumer, within sixty (60) days. The Warrantor can choose either to: Replace the Product or Refund the purchase price. However, the Warrantor will not elect refund unless it is unable to provide replacement.
 
If the Product still contain[s] a defect or malfunction after a reasonable number of attempts by the Warrantor to remedy the defect or malfunction, the Consumer is entitled to either a refund of the purchase price or a replacement of the [Product or its component part/Parts] without charge.
 

Exclusions and Limitations

This warranty does not cover damage caused by misuse, abuse, or accident such as:
  • Failure to use the product according to manufacturer’s specifications
  • Failure to use the product for its intended purpose
  • Failure to follow installation instructions
  • Failure to follow the International Code Council building code
  • Failure to follow the load limits based on soil type and other requirements in ICC-ES Evaluation Report 2147
  • Failure to use a compatible post
  • Failure to use the minimum post size required
  • Modifications or alterations to the product including, but not limited to, drilling or cutting.
  • Damage caused by fire, flood, “Acts of God,” or other events beyond the Warrantor’s control.

THIS WARRANTY DOES NOT COVER INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES including but not limited to:

  • Transportation or shipping costs
  • Damage to supported structures or other materials
  • The cost of excavation, labor, or other goods and services
  • Personal injuries
  • Loss of profits or revenues
FOR BREACH OF ANY EXPRESS OR IMPLIED WARRANTY ON THIS PRODUCT, THE CONSUMER IS LIMITED TO THE FOLLOWING DAMAGES: Replacement of the product or a refund of the purchase price at the sole discretion of the Warrantor.
 
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
 

How to Request Service Under This Warranty

To obtain performance of any obligation under this warranty, the Consumer must:

  1. Contact the Warrantor in writing by one of the following methods:
    1. Submit an electronic form through the footingpad.com website
    2. Submit an email to sales@permacolumn.com
    3. Mail a letter to FootingPad, 400 Carol Ann Ln, Ossian, IN 46777
  2. Obtain a Return Authorization Number
  3. Provide photography of the Product before it is removed from the installation site including a view of the surrounding soil and post-supported structure.
  4. A statement detailing the structural load, soil capacity, post type and post size.

For more information on this warranty, call 800-522-2426.

In Case of a Dispute with the Warrantor

The following informal dispute resolution procedure is available to the Consumer if they believe that the Warrantor has not performed its obligations under this warranty. The Consumer must use this informal procedure before pursuing any legal remedy in the courts:

The parties hereto agree that any disputes relating to this Agreement (“Covered Disputes”) that may arise between them shall be resolved exclusively by an Alternative Dispute Resolution process that shall include mediation and, if necessary, binding arbitration. Covered Disputes, including the determination of the scope or applicability of this paragraph, shall first be submitted to mediation in accordance with the procedures set out in Indiana Alternative Dispute Resolution Rule 2, including, but not limited to, selection of a mediator, procedure for mediation, confidentiality and admissibility, and payment of mediation costs. Unless the parties hereto agree otherwise, the mediation shall be limited to a single mediation session. In the event the parties hereto are unable to resolve their Covered Disputes by mediation, the parties shall proceed to binding arbitration in accordance with the procedures set out in Indiana Alternative Dispute Resolution Rule 3, including but not limited to, the process for selection of a single arbitrator, the procedure for the arbitration hearing, and enforcement of the arbitration award. The parties may agree to allow the previously-selected mediator to also serve as their arbitrator. Any proceeding with respect to such matters only may be held within Hamilton County, Indiana.

How Does State Law Apply to this Warranty

This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.

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