Legal Warranty

Our guarantee. Your peace of mind.

Fair and clear, our Warranty speaks to the quality of our metallic helical (screw) piles. They are designed to comply with or exceed industry standards to ensure peace of mind for their lifetime.

Consult the different sections of our limited lifetime warranty to better understand its scope, and do not hesitate to call our customer service department if you want to clarify certain aspects.

To obtain additional information on this Warranty, please contact:

GoliathTech Inc. – Headquarters
477, boulevard Poirier
Magog, Québec (Canada) J1X 7L1
1 855 743 4777
info@goliathtechcorp.com

To obtain additional information regarding what affects the durability of piles, please consult the following page of GOLIATHTECH’s website.

GoliathTech Pile Warranty

1. LIMITED LIFETIME WARRANTY (THE “WARRANTY”)

1.1 Subject to all of the conditions, limitations and exclusions explained in this Warranty, GoliathTech Inc.(“GOLIATHTECH”), located at 477 Poirier blvd., Magog, Province of Québec, Canada, J1X 7L1, warrants that its GOLIATHTECH piles shall be free of any Defects (as defined at section 3 below) from the date of installation of such GOLIATHTECH piles for the service life of the structure (as the term “service life” or any other equivalent term may be defined in the building code applicable for the structure) that they are originally designed to support (the “Warranty Period”).

1.2 Subject to this subsection 1.2, this Warranty (in its entirety) may be transferred and assigned by the owner of the structure on which GOLIATHTECH piles were originally installed, provided that the structure is in its original location as at the time of installation and was not dismantled, destroyed or moved, to any transferee(s) of the legal title to such structure, or by any such subsequent owner of the structure to any following owner, and such warranty period for each subsequent owner is limited to the remainder of the Warranty Period.

• 1.2.1 Any transfer of this Warranty must take place within ninety (90) days of the transfer of the structure.

• 1.2.2 In no event may this Warranty (or any right, claim or action that you may have under this Warranty) be transferred or assigned in whole or part, to any person(s) and/or entity who/which does not have legal title to the structure, nor may any right, claim and/or cause of action be transferred separate or apart from this Warranty. This means that only the legal owner of the structure can benefit from this Warranty.

• 1.2.3 Any breach of this subsection 1.2 shall void this Warranty, and all existing and future Claims (as defined herein), meaning that you (or the person you have claimed to transfer the Warranty to) will not be able to rely on the Warranty in the event of a Defect (as defined herein).

• 1.2.4 Transfers must be made by completing a warranty transfer form that may be obtained by contacting Customer Service at info@goliathtechpiles.com and e-mailing such completed form to the email address on the warranty transfer form. GOLIATHTECH may require the person to whom this limited Warranty is transferred to provide reasonable evidence that they are now the owner of the structure.

• 1.3 Repaired or replaced GOLIATHTECH piles provided under the Warranty are themselves warranted for the remaining duration of the original Warranty Period.

2. CONDITIONS APPLICABLE TO THE WARRANTY

The Warranty is subject to the following conditions:

2.1 The Warranty only applies if the GOLIATHTECH pile was originally installed by an installer
certified by GOLIATHTECH:

• 2.1.1 To determine if an installer is certified by GOLIATHTECH, you must ask to see a GOLIATHTECH installer certification card that is valid at the time of installation or call GOLIATHTECH at 1 855 743-4777.

• 2.1.2 This condition also applies to GOLIATHTECH piles that are installed as a replacement to previously installed GOLIATHTECH pile for a given structure, whether or not pursuant to this Warranty.

2.2 The Warranty only applies if you have engaged a duly qualified engineer at your own cost to determine the appropriate specifications for the GOLIATHTECH piles to be installed on a structure, in light of the soil and environmental conditions where the GOLIATHTECH piles will be installed, and the characteristics and reasonably expected service life of the structure (as the term “service life” or any other equivalent term may be defined in the building code applicable for the structure) to be supported, as they all stand on the day those specifications will be established. The GOLIATHTECH piles ordered by you must have complied with these specifications. The services of such engineer may be provided by GOLIATHTECH, by an installer certified by GOLIATHTECH, if available, or by an independent third party service provider.

2.3 The Warranty will apply if you provide all relevant information and data to the engineer preparing the specifications referred to at subsection 2.2 , allow a reasonable opportunity to the engineer to gather, directly or through its agents, such information and data, which shall include but is not limited to testing the soil characteristics. Such mandatory information required is available on the following page on GOLIATHTECH’s website. Even if the specifications prepared by the engineer considered all relevant information and data, the Warranty remains subject to the exclusions provided at subsection 3.2, including but not limited to soil composition and soil characteristics, notably corrosive soil.

2.4 The Warranty only applies if the GOLIATHTECH piles were installed under normal installation conditions such that the installation warranty provided by an installer certified by GOLIATHTECH applies and is valid.

2.5 GOLIATHTECH piles replaced under this Warranty become the property of GOLIATHTECH.

3. WARRANTY LIMITATIONS

3.1 This Warranty only covers “Defects” which refers exhaustively to material and workmanship defects caused by GOLIATHTECH during the manufacturing process and which affect the performance of the GOLIATHTECH piles.

• For example, the following would be considered a Defect:
• Incorrectly-formed or manufactured components of the GOLIATHTECH piles;
• Improper thread taping;
• Bad welding;
• GOLIATHTECH piles manufactured from non-complying materials.

3.2 Without limitation and for greater certainty, the Warranty does not cover movement, defects, failures or damages related to or arising out of:

• 3.2.1 Any steps taken by you or any third party that materially modify or disturb the soil and environmental conditions at the installation site after the issuance of the appropriate specifications for GOLIATHTECH piles prepared by a duly qualified engineer referred to in subsection 2.2.

• 3.2.2 Any material modification to the characteristics of the structure to be supported (for example by adding material that increases the weight of the structure) after the issuance of the appropriate specifications for GOLIATHTECH piles prepared by a duly qualified engineer referred to in subsection 2.2.

• 3.2.3 The installation of the GOLIATHTECH piles, whether or not by an installer certified by GOLIATHTECH – installation of GOLIATHTECH piles are covered exclusively by the warranties directly offered by the installer;

• 3.2.4 Faulty, flawed, inaccurate, wrong, imprecise, erroneous, incorrect engineering, design, calculations and criteria prepared by an engineer pursuant to subsections 2.2 and 2.3 and used by you to order, purchase and manufacture the GOLIATHTECH piles from GOLIATHTECH;

• 3.2.5 Use of GOLIATHTECH piles where the GOLIATHTECH piles are not intended for use with or are unsuitable for the structure where they are installed;

• 3.2.6 Normal wear and tear, taking into consideration all relevant factors that may affect and/or accelerate the normal wear and tear, namely but not limited to, load-bearing capacity, the environmental conditions, soil composition and soil characteristics, notably corrosive soil (as described on this webpage), the presence of salt water and the state of the structure being supported by GOLIATHTECH piles;

• 3.2.7 Negligence, errors or omissions by anyone other than GOLIATHTECH, including, but not limited to, (i) abuse, misuse, misapplication, negligence, improper transportation, improper installation, use of any GOLIATHTECH pile for purposes for which it was not originally intended, (ii) failure to conduct the maintenance recommended by an engineer at the time of installation of the GOLIATHTECH piles if the GOLIATHTECH piles purchased and installed are made with a specific coating, are non-galvanized or underwent a specific treatment, or (iii) failure to use any GOLIATHTECH piles in accordance with the most current care and handling instructions, if any, for the relevant GOLIATHTECH piles;

• 3.2.8 Acts of nature, and “acts of God” or other events outside GOLIATHTECH’s reasonable control, including, but not limited to, storms, avalanches, earthquakes, landslides, subsidence or sinkholes, droughts, severe winds, flood, fire, wildfire, cold wave, heat wave, tsunami, hurricanes, tornadoes, avalanche, volcanic activity, chemical or oil spills (and other exposure to harmful chemicals and pollutants), corrosive soils, industrial accidents, acid rain, climate change, vandalism, subsidence or changes in soil saturation or the water table;

• 3.2.9 Structures which have been the subject of such acts of nature or “acts of God” described at paragraph 3.2.8 , unless disclosed to GOLIATHTECH in writing prior to ordering or purchasing GOLIATHTECH piles and GOLIATHTECH expressly approved the manufacturing and provision of GOLIATHTECH piles for such structures;

• 3.2.10 Movement in portions of the structure which were not and are not underpinned or otherwise supported by GOLIATHTECH piles or that had or have existing foundations or supporting structure which were deficient in structural integrity or strength;

• 3.2.11 Any existing concrete, foundation, slab, wall and/or footing which is defective, insufficient or inadequate in width, thickness, structural integrity and/or strength;

• 3.2.12 Alterations or modifications to the GOLIATHTECH piles (including, but not limited to the addition or installation of any other part or component) so that the GOLIATHTECH piles are not as originally installed by an installer certified by GOLIATHTECH, which were not previously authorized by GOLIATHTECH or an installer certified by GOLIATHTECH, including but not limited to, any coatings applied on site;

• 3.2.13 Any components, elements, pieces, attachments or parts installed, attached, added, screwed on, fixed, fastened, secured, connected, mounted, anchored, tied, joined or clamped to any part of one or more GOLIATHTECH piles which were not part of the GOLIATHTECH piles as originally installed by an installer certified by GOLIATHTECH and which are not original GOLIATHTECH parts or components or if they are original GOLIATHTECH parts or components are not installed by an installer certified by GOLIATHTECH;

• 3.2.14 Any action, error, omission or defect (including but not limited to any design, engineering and/or testing) by any of the original owner or subsequent owner of the structure and/or their respective agents, other contractors or professionals;

• 3.2.15 Any unknown or hidden conditions on the date of installation of the original GOLIATHTECH piles; or

• 3.2.16 Damages, including for injury or death, except where the law does not permit these to be excluded, such as death or personal injury caused by GOLIATHTECH’s negligence or intentional or gross fault.

3.3 GOLIATHTECH piles utilized in applications which are not listed on our product application pages (residential, commercial and municipal, foundation repairs, nautical) at the time of ordering the GOLIATHTECH piles, as these pages may be updated from time-to-time and without prior notice, are specifically excluded from this Warranty.

4. EXCLUSION OF ANY OTHER WARRANTY

4.1 NOT APPLICABLE TO QUÉBEC OR UK CONSUMERS - The forgoing Warranty is exclusive and in lieu of all other expressed, statutory and implied warranties, conditions and representations to the extent permitted by applicable law and consumer protection laws, and GOLIATHTECH expressly disclaims all other warranties including, but not limited to, any implied warranty of merchantability or fitness for particular purpose and warranties arising from any course of dealing, custom, usage of trade or provision of samples, product literature or information online to the fullest extent permitted by applicable law.

4.2 NOT APPLICABLE TO QUÉBEC OR UK CONSUMERS - In no event shall GOLIATHTECH or its affiliates, partners, certified installers, franchisees or subsidiaries be liable under this Warranty for indirect, special, incidental, consequential or punitive damages including, but not limited to, loss of sales, profit or revenues, loss of use of the GOLIATHTECH piles or parts or any associated equipment, cost of capital, cost of substitute equipment, facilities or services, down time costs, delay in the performance of the obligations under the present Warranty, labour costs or claims of customers, purchasers or lessees for such damages. To the fullest extent permitted by applicable law, and unless the claimant qualifies as a consumer as per applicable consumer protection laws, in no event will GOLIATHTECH be obligated to pay costs, damages or any other amounts in total exceeding the original price of the GOLIATHTECH piles paid to GOLIATHTECH.

4.3 APPLICABLE TO UK CONSUMERS ONLY:

• 4.3.1 GOLIATHTECH do not exclude or limit in any way liability to you where it would be unlawful to do so. This includes liability for:
  • (a) death or personal injury caused by GOLIATHTECH's negligence or the negligence of GOLIATHTECH's employees, agents or subcontractors;
  • (b) intentional faults, fraud or fraudulent misrepresentation; and
  • (c) breach of your legal rights under consumer protection law in relation to the Warranty or the GOLIATHTECH piles.

• 4.3.2 Subject to the exceptions set out in this Warranty, if GOLIATHTECH fail to comply with this Warranty, GOLIATHTECH will be responsible for loss or damage you suffer that is a foreseeable result of GOLIATHTECH breaking this Warranty, but GOLIATHTECH will not be responsible for any loss or damage that is not foreseeable. GOLIATHTECH is not responsible for loss or damage you suffer that is:
  • (a) Unexpected, meaning it was not obvious that it would happen and nothing that you said to GOLIATHTECH before installation of the GOLIATHTECH piles meant GOLIATHTECH should have expected it (so, in the law, the loss or damage was unforeseeable);
  • (b) Caused by an event outside GOLIATHTECH’s control;
  • (c) Avoidable, meaning that it is a loss or damage that you could have avoided by taking reasonable action, including, but not limited to following GOLIATHTECH’s reasonable instructions;
  • (d) A business loss, meaning it is connected to your trade, business, craft or profession. If you use the GOLIATHTECH piles for any commercial, business or re-sale purpose, GOLIATHTECH will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity that you suffer as a result of GOLIATHTECH breaking this Warranty.

• 4.4 Other jurisdictions - The laws of certain jurisdictions do not allow limitations on implied warranties or conditions or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the disclaimers, exclusions, or limitations set out in this Warranty might not apply to you, and you might have additional rights.

5. WARRANTY CLAIM PROCEDURE

5.1 Any claim seeking relief under this Warranty (a “Claim”) must be reported within 20 days of the Defect being noticed.

5.2 The Claim must be accompanied by proof of purchase and pictorial documentation of the Defect. If available, a copy of the installer’s GOLIATHTECH certification card must be provided with a Warranty Claim.

5.3 GOLIATHTECH reserves the right to further investigate any Claim or request additional information from the claimant. A GOLIATHTECH manager or appointed representative will investigate the existence of, and the extent of any Defect. Claims must be submitted to GOLIATHTECH by email at info@gliathtechpiles.com.

6. WARRANTY REMEDY

6.1 Subject to the conditions, limitations and exclusions explained in this Warranty, should a Defect be discovered within the Warranty Period, GOLIATHTECH’s sole obligation will be, at GOLIATHTECH’s option, to replace any GOLIATHTECH pile which is found to be defective, subject to the conditions and exclusions mentioned above. When it is impossible to provide an identical GOLIATHTECH pile which GOLIATHTECH is required to replace under this Warranty, GOLIATHTECH may substitute it for a part of similar quality and price.

6.2 This Warranty does not include reimbursement for, and GOLIATHTECH will not cover, the expenses related to the evaluation, labour, removal of the defective GOLIATHTECH piles, re-installation of the replacement GOLIATHTECH piles covered by this Warranty (the “Replacement-related Expense”). Between GOLIATHTECH and you, the Replacement-related Expense will be your responsibility. It may be possible for you to claim the Replacement-related Expense from an installer certified by GOLIATHTECH, a non-certified installer, or another third party, depending on the nature of the Claim, pursuant to the service warranty that they granted to you at the time of installing the GOLIATHTECH piles. This Warranty only and exclusively covers all charges relating to transportation of the GOLIATHTECH piles from the GOLIATHTECH facility to the site where the removal, re-installation, or replacement work will be performed;

6.3 If the GOLIATHTECH piles are found to be defective and have not already been returned to GOLIATHTECH, a Return Material Authorization may be issued by GOLIATHTECH and the return freight costs will be covered by GOLIATHTECH.

6.4 The remedies herein are the exclusive remedies under this Warranty.

7. GENERAL TERMS

7.1 This Warranty shall be governed by the laws applicable in the Province of Quebec, Canada. The courts of the city of Montreal, Quebec, will have exclusive jurisdiction to hear and decide any disputes relating to this Warranty.

7.2 If you have more than one GOLIATHTECH product, there may be different terms which apply to them if they have been registered with us at different times or in relation to different structures. You should always check the terms of the Warranty which apply when you register a product with GOLIATHTECH.

7.3 If a court invalidates some of this Warranty, the rest of it will still apply. If a court decides that some of the terms of this Warranty are unlawful, the rest will continue to apply.

7.4 Even if GOLIATHTECH delays in enforcing this Warranty, GOLIATHTECH can still enforce it at any time.

7.5 This Warranty is between you and GOLIATHTECH unless you transfer it to someone else under subsection 1.2 , in which case this Warranty will be between the person you transfer it to and GOLIATHTECH.

7.6 GOLIATHTECH can transfer this Warranty so that a different organisation is responsible for providing the Warranty. GOLIATHTECH will tell you in writing if this happens and will ensure that the transfer will not affect your rights under the Warranty.