Warranty

CHANCE® Helical Piles | ATLAS Resistance® Piers – 30-Year Product Warranty

This limited warranty (“Warranty”) applies only to the CHANCE® Helical Piles and Atlas Resistance® Piers Foundation Products and their physical hardware of A.B. CHANCE a Division of Hubbell Power Systems, Inc. (“CHANCE”). Individual physical hardware may be referred to as “Product”, while the entire system shall be referred to as “the Underpinning System.”

I. 30-Year Warranty

When installed by a certified CHANCE installer (“Certified Installer”)* CHANCE warrants that the Underpinning System and Products will be free of defects in material and workmanship for a period of thirty (30) years from the date of installation of the Underpinning System. Should the Products or Underpinning System fail to perform as intended, subject to the limitations and exclusions contained herein, CHANCE’s sole and exclusive obligation under this Warranty shall be, at its option, to repair or replace the Products or Underpinning System free of charge. This Warranty does not include reimbursement for the expenses of evaluation, labor, removal or re-installation of the Products or Underpinning System, which costs are the responsibility of the Certified Installer, non-certified installer, or Property Owner.

II. Transfer of Warranty

This Warranty (in its entirety) may be transferred and assigned by the original property owner (“Original Property Owner”), to the transferee(s) of legal title to the property (“New Property Owner”) and such warranty period for the New Property Owner is limited to the remainder of the warranty period of thirty (30) years from the date of installation of the Underpinning System. Any subsequent transfers of this Warranty from the New Property Owner to a subsequent property owner (“Subsequent Property Owner”) are also limited to the remainder of the warranty period of thirty (30) years from the date of the installation of the Underpinning System. Any transfer of this Warranty must take place within ninety (90) days of closing. In no event may this Warranty (or any right, claim or action hereunder) be transferred or assigned in whole or part, to any person(s) and/or entity who/which does not then own legal title to the property, nor may this Warranty be transferred or assigned to any person or entity which holds equitable and/or beneficial title, but not legal title to the property, nor may any right, claim and/or cause of action be transferred separate or apart from this Warranty. Any violation of the foregoing shall void this Warranty, and all existing and future claims. To transfer this Warranty, please complete the requested information on the back of the Product Warranty Certificate and mail to: Hubbell Power Systems, Inc., 210 North Allen Street, Centralia, MO 65240 Attention: Customer Service Civil Warranty Administration.

III. Exclusions on 30-Year Warranty

CHANCE shall not in any way be liable for or have any obligation to repair or pay for anything other than Products or the Underpinning System, which have found to be defective. Notwithstanding any other provisions contained in this document, this Warranty does not apply to or include any movement, defects and/or damages (including injury or death) related to or arising out of: (i) any acts of God, including, without limitation, any earth quake, severe wind, flood, fire, vandalism, drought, excessive soil saturation, change in the water table, further or new subsidence or sinkhole, and/or any change in any existing subsidence or sinkhole; (ii) any existing concrete, foundation, slab, wall and/or footing which is defective, insufficient or inadequate in width, thickness, structural integrity and/or strength; (iii) any act, negligence, error, omission or condition by anyone other than CHANCE; (iv) any error, omission or defect in any design, engineering and/or testing by the Original Property Owner, New Property Owner or any Subsequent Property Owner(s) and their respective agents, other contractors or professionals; (v) any unknown or hidden conditions; (vi) movement due to or arising out of any differential settlement of any portions of any improvement which was not underpinned with the Underpinning Structure; (vii) in the event the Property Owner, New Property Owner, Subsequent Property Owner or any other contractor in any way modifies or changes the Underpinning System or Products, or any portion of the structure, foundation or property upon which that Underpinning System is reliant; and/or (viii) in the event no notice of defect is given to CHANCE prior to the Original Property Owner transferring or assigning legal title to the property to the New Property Owner as provided herein or in the event no notice of defect is given to CHANCE prior to the New Property Owner transferring or assigning legal title to the property to a Subsequent Property Owner as provided herein.

IV. Disclaimer of All Other Warranties

The foregoing Warranty is exclusive and in lieu of all other warranties whether written, oral, expressed or implied. THERE ARE NO WARRANTIES OF MERCHANTABLITY OR FITNESS OF ANY PRODUCT FOR A PARTICULAR PURPOSE.

V. Limitation of Liability

In no event shall and under no circumstances, shall CHANCE (or its officers, directors, shareholders, employees or agents) be liable for any losses, damages, expenses or injuries of any kind suffered or incurred by the original or new owner or to any other person (collectively, “losses”), whether such losses are direct, indirect, incidental, punitive, special, general and/or consequential, (including but not limited to damage to or loss of use of any Product, lost sales, or profits, or delay or failure to perform this Warranty obligation, or claims of third parties against owner, arising out of or in connection with the sale, installation, use of, inability to use, or the repair or replacement of, CHANCE’s Underpinning System or Products) and regardless of whether such losses are based on breach of Warranty, breach of contract, tort, strict liability, negligence. As stated herein, the term “person” shall include without limitation, any individual proprietorship, partnership, corporation or entity. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the preceding limitations or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state.

VI. Warranty Registration

In order for the Warranty to be valid, all CHANCE Products must be registered with CHANCE within 90 days of installation date of the Underpinning System. To secure the Warranty, the Original Property Owner must register the Underpinning System by submitting to CHANCE the following documents: the original bill of sale, a copy of the Certified Installer’s installation warranty, a copy of Certified Installer’s Certification Card and the original Warranty Registration Form. Please send the documents to the address noted in Section II.

VII. Warranty Claims

Only an Underpinning System or Products that have been registered with CHANCE will qualify for claim consideration. Pursuant to the terms of the CHANCE 30 year Product Warranty, any Underpinning System or Products that exhibit defects in material or workmanship within the 30 year Warranty period must be brought to the attention of your original installer or a Certified CHANCE Installer. The Underpinning System or Products will be evaluated using a CHANCE Product Performance Inquiry (PPI), which may involve on-site inspection or return of Product to the factory. If CHANCE or the authorized CHANCE representative determines that the Underpinning System or Products are defective, a Warranty Claim Form must be completed by the Property Owner and submitted to CHANCE. To file a claim, send the original completed Warranty Claim Form (download the Warranty Claim Form online at www.abchance.com/resources/warranty.asp or call Customer Service at 877-682-8565 for a copy), and copies of the following documents: CHANCE Product Warranty Certificate, the bill of sale, the Installer’s Certification Card, and the Certified Installer’s installation warranty to: Hubbell Power Systems, Inc., 210 North Allen Street, Centralia, MO 65240; Attention: Customer Service Civil Warranty Administration/Warranty Claim. If the Underpinning System or Products are found to be defective, a Return Material Authorization will be issued with CHANCE and the return freight costs will be covered by CHANCE. This Warranty does not include reimbursement for the expenses of evaluation, labor, removal or re-installation of the Products or Underpinning System, which costs are the responsibility of the Certified Installer, non-certified installer, or Property Owner.

* If the Underpinning System is installed by a non-Certified Installer, CHANCE only warrants that the Underpinning System and products will be free of defects in material and workmanship for one (1) year, unless otherwise specified in writing between the non-Certified Installer and CHANCE.