UDT Warranty

Ultra Durable Technologies, Inc. (“UDT”) products are warrantied for a period of one (1) year to be of uniform quality within manufacturing tolerances and in conformity with published specifications when handled, stored, mixed, and applied in accordance with UDT recommended practices. All recommendations contained in the current UDT Technical Data Sheet(s) including but not limited to shelf life, mixing ratios, temperature ranges, proper equipment, storage conditions, and surface preparation must be followed.

 

In the event of an alleged failure of the product(s) to meet the stated properties of the Technical Data Sheet(s) within the warranty period, written notice of such non-conformity containing full details must be provided to UDT within fourteen (14) days of discovery. Upon receipt of notice, UDT will conduct an investigation including inspection of non-conforming material. Based upon the findings of the investigation, UDT may, at its exclusive option and sole discretion, replace the affected product(s), reimburse the cost of the product(s), or issue credit in the amount of the cost of the product(s).

 

Under no circumstances will UDT be responsible for any loss, cost, expense, damage, or liability, whether direct or indirect, or for special, incidental, or consequential damages, including but not limited to the cost of repairs and/or replacement of a product(s) arising from improper application of any UDT product(s) and/or the workmanship of any contractor or end user, including but not limited to improper surface preparation, improper mixing, alteration of product, improper storage, use of non-approved materials, improper application thickness of product(s), or deviation(s) from UDT’s Technical Data Sheet(s), regardless of whether any UDT employee is present at the time of application. The cost of labor for inspection, testing, preparation, application, maintenance, repair, removal, and/or disposal of any product(s) is explicitly excluded from this limited warranty. UDT will not be liable for injury (including death) to any person resulting from or arising in connection with any workmanship or operations.

 

Under no circumstances will UDT be responsible for damages caused by acts of God, floods, fires, acts of war, criminal acts, abnormal or abusive use and wear, building alterations, inadequate or faulty structural design or defects, industrial pollution, chemically reactive aggregate, chloride levels exceeding current ACI limits, or ingress of moisture.

 

Under no circumstances will UDT be responsible for special, incidental, or consequential damages arising from any breach of warranty, breach of contract, negligence, or any other legal theory. Such damages include, but are not limited to, loss of use or damage to property, loss of services, business interruption, use of substitute facilities, downtime costs, or claims of customers of the purchaser for such damages. UDT will not be responsible for the use of UDT product(s) in any manner which infringes any patent or other intellectual property rights.

 

This warranty is exclusive and in lieu of all other warranties, whether oral or written, expressed or implied. No other warranty exists in connection with the sale or use of the UDT product(s) including any warranty of merchantability or fitness for a particular purpose. The agents and employees of UDT are not authorized to make modifications either written or oral to this warranty, or any additional warranties which may be binding upon UDT. Accordingly, additional statements by any employee or agent of UDT, whether oral or written, do not constitute warranties and should not be relied upon as such. This warranty represents the entire understanding of all parties as to UDT product(s) and is not transferable. This warranty is governed by and construed in accordance with the laws of the State of Minnesota. All parties submit to the exclusive jurisdiction of the federal and state courts in the State of Minnesota to resolve any disputes arising out of or in connection with this warranty.