Consumer Warranty & Product Safety

TIKITOPS™ SYNTHETIC THATCH UMBRELLA KIT

COMMERCIAL & DISTRIBUTION DISCLAIMER, WARRANTY LIMITATION & PRODUCT

SECTION 1 — STRUCTURAL USE DISCLAIMER

THE TIKITOPS™ SYNTHETIC THATCH UMBRELLA KIT (THE "PRODUCT") IS DESIGNED AND SOLD by Global Innovation, LLC d/b/a Endureed (the "Company") AS A FREESTANDING, SELF-SUPPORTING SHADE STRUCTURE FOR RESIDENTIAL AND LIGHT COMMERCIAL DECORATIVE USE. THE COMPANY’S WARRANTIES AND PERFORMANCE REPRESENTATIONS APPLY ONLY WHERE THE PRODUCT IS INSTALLED AS A FREESTANDING UNIT ON A BASE OR SUBSTRATE RECOMMENDED BY THE COMPANY, INCLUDING ANCHORING INTO A CONCRETE SLAB, PAD, OR FOOTING, IN ACCORDANCE WITH THE COMPANY’S WRITTEN INSTALLATION INSTRUCTIONS. ANY ATTACHMENT OR INSTALLATION OF THE PRODUCT ON OR TO STRUCTURES OR SUBSTRATES NOT RECOMMENDED BY THE COMPANY IS THE SOLE RESPONSIBILITY OF THE PURCHASER AND INSTALLER. THE PRODUCT HAS NOT BEEN ENGINEERED OR TESTED FOR SUCH INSTALLATIONS, AND THE COMPANY MAKES NO CLAIMS, REPRESENTATIONS, OR GUARANTEES — AND ASSUMES NO LIABILITY — WITH RESPECT TO THEM. SUCH INSTALLATIONS ARE NOT COVERED BY ANY WARRANTY, EXPRESS OR IMPLIED, AND ARE EXCLUDED FROM COVERAGE UNDER SECTION 4.2.

FOR SAFETY, THE PRODUCT MUST NOT BE SUSPENDED FROM, OR USED TO SUPPORT OR BE SUPPORTED BY, ANY BUILDING, DECK COVER, PERGOLA, OR OTHER STRUCTURE. THE PRODUCT IS NOT A ROOFING PRODUCT. NOTWITHSTANDING THAT THE CANOPY IS MANUFACTURED FROM THE SAME SYNTHETIC MATERIAL PLATFORM USED IN ENDUREED ROOFING PRODUCTS, THE PRODUCT AND ITS COMPONENTS ARE NOT ROOFING MATERIALS AND MUST NOT BE INSTALLED, RESOLD, OR REPRESENTED AS ROOFING OR AS ANY PERMANENT OR STRUCTURAL COMPONENT OF ANY BUILDING.

Purchaser acknowledges that any installation beyond the freestanding, portable configuration described in the accompanying installation manual requires independent engineering review and written approval by a licensed structural or civil engineer with jurisdiction over the installation site. The Company makes no representation regarding the suitability of the Product for any engineered application. Any such engineering review or written approval does not reinstate, extend, or otherwise render applicable the Limited Warranty set forth in Section 4, and any installation beyond the freestanding, portable configuration described in the installation manual remains excluded from warranty coverage under Section 4.2 regardless of any such review or approval.

SECTION 2 — WIND RESISTANCE & WEATHER PERFORMANCE DISCLAIMER

All references to wind resistance, storm performance, and/or weather durability (each a "Performance Characteristic"), if any, in the Product marketing materials, packaging, or other associated documentation are based on controlled laboratory or field test conditions and represent performance characteristics under those specific conditions only. None of the Performance Characteristics constitute a guaranty of performance under the particular installation site conditions or specific weather events.

ACTUAL PERFORMANCE MAY VARY MATERIALLY BASED ON THE FOLLOWING FACTORS, WHICH ARE BEYOND THE MANUFACTURER'S CONTROL:

Site-specific terrain, topography, and exposure category as defined by ASCE 7 or applicable local building code;
Quality, depth, and substrate characteristics of the installation anchor point;
Proximity to structures, vegetation, or other features that create localized wind loading effects;
Simultaneous exposure to wind, rain, ice and/or snow;
Maintenance condition of all hardware, fasteners, and canopy components at time of weather event.

Purchaser assumes all risk associated with weather events beyond Product specifications. Compliance with all assembly, installation, and anchoring requirements set forth in the installation manual is the responsibility of the Purchaser, and any failure to comply is addressed in the Warranty Exclusions set forth in Section 4.2.

SECTION 3 — FIRE RATING & MATERIAL PERFORMANCE DISCLAIMER

The synthetic thatch material used in the Product has been tested and shown to be fire resistant. HOWEVER, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE PRODUCT WILL NOT IGNITE, BURN, OR CATCH FIRE. The Product, as assembled and sold, has not been tested and carries no fire rating, flame-spread classification, or fire-resistance rating of any kind. Any fire-test data associated with Endureed roofing materials relates solely to those roofing assemblies and does not apply to the Product. The fire resistance of the underlying material does not itself constitute a fire rating of the assembled Product.

PURCHASER EXPRESSLY ACKNOWLEDGES THE FOLLOWING LIMITATIONS:

Any fire rating or flame spread performance data referenced in Product materials reflects Endureed's commercial roofing material tested under ASTM E84 or equivalent protocols as a roofing assembly, not the Product as configured for retail sale;
No fire rating claim is made or implied for the complete Product, including frame, base, or hardware components;
The synthetic thatch canopy material has not been independently tested as a freestanding or portable shade structure for the purpose of regulatory fire classification; and
Purchaser is solely responsible for verifying applicable local fire codes, ordinances, and HOA restrictions prior to installation and use.

The Product is intended for outdoor use only. It shall not be installed or operated in close proximity to open flame, including but not limited to fire pits, outdoor fireplaces, grills, tiki torches, or candles. Installation within six (6) feet of any open flame source, or exposure of the Product to conditions producing a surface temperature of the Product exceeding 210 degrees Fahrenheit, is expressly prohibited and voids all warranty coverage.

SECTION 4 — LIMITED WARRANTY

4.1 — Warranty Coverage

Subject to the terms, conditions, exclusions, and limitations set forth herein, the Company warrants to the original commercial purchaser or authorized distributor (the "Purchaser") of the Product, that the Product will be free from defects in materials and workmanship under normal use and service conditions for the following warranty periods commencing on the date of the original purchase:

Synthetic Thatch Canopy: Ten (10) years — material defect and UV degradation.
Steel Frame Components: Five (5) years — structural integrity under normal use. Southern Yellow Pine Wood Components (if applicable): Three (3) years — defect in material under dry storage and normal use conditions.
Hardware, Fasteners & Mechanical Components: Two (2) years — defect in workmanship and materials

This Limited Warranty extends only to the original commercial purchaser or authorized distributor that acquired the Product directly from the Company; it is non-transferable and does not run to any subsequent purchaser or end user. No distributor, dealer, or reseller is authorized to modify, extend, or enlarge this Limited Warranty, or to make any additional representation or warranty, on the Company’s behalf.

4.2 — Warranty Exclusions

This Limited Warranty does NOT cover and is expressly voided by:

Damage resulting from improper assembly, installation, or anchoring, including failure to follow the installation manual in all material respects;
Normal weathering, fading, or patina development consistent with outdoor exposure over the Product's useful life;
Damage caused by wind events exceeding Product specifications or other Acts of God;
Any modification, alteration, repair, or disassembly performed by any party other than an authorized representative of the Company;
Use of the Product for any purpose other than its intended residential or light commercial decorative shade function, including permanent load-bearing installation, attachment to or integration with any fixed structure or foundation, or use as a primary overhead shelter;
Damage caused by improper storage, including storage in conditions of sustained moisture, extreme heat, or UV exposure without use of the provided cover or protective measures;
Cosmetic damage, including surface scratches, scuffs, or minor discoloration, that does not impair structural or functional performance;
Damage resulting from failure to perform routine maintenance as described in the maintenance guidelines included with the Product; or
Any component or assembly subjected to overloading, including snow accumulation, that exceeds rated structural limits.

4.3 — Warranty Remedy

The Company's sole obligation under this Limited Warranty is, at the Company's election: (a) repair of the defective component; (b) replacement of the defective component with a component of equal or greater specification; or (c) a credit toward future purchase not to exceed the original purchase price of the defective component.

WARRANTY SERVICE MUST BE INITIATED BY CONTACTING THE COMPANY AT warranty@endureed.com WITHIN THE APPLICABLE WARRANTY PERIOD. PURCHASER MUST PROVIDE PROOF OF PURCHASE, DESCRIPTION OF THE CLAIMED DEFECT, AND PHOTOGRAPHIC DOCUMENTATION. DETERMINATION OF WARRANTY ELIGIBILITY IS AT THE COMPANY'S SOLE DISCRETION.

SECTION 5 — LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW

(a) IN NO EVENT SHALL GLOBAL INNOVATION, LLC D/B/A ENDUREED, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, OR RETAILERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO THE PURCHASE, INSTALLATION, USE, OR PERFORMANCE OF THE PRODUCT, INCLUDING BUT NOT LIMITED TO: PROPERTY DAMAGE; PERSONAL INJURY; LOSS OF USE; ECONOMIC LOSS; OR COST OF SUBSTITUTE GOODS OR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY ASSERTED, AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) THE COMPANY'S TOTAL CUMULATIVE LIABILITY TO PURCHASER FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE PRODUCT SHALL IN NO EVENT EXCEED THE ORIGINAL RETAIL PURCHASE PRICE PAID BY PURCHASER FOR THE PRODUCT.

(c) SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS MAY NOT APPLY TO PURCHASER. IN THOSE JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

(d) THE WARRANTIES SET FORTH IN SECTION 4 ARE THE EXCLUSIVE WARRANTIES PROVIDED BY THE COMPANY. THE COMPANY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. EXCEPT FOR THE EXPRESS LIMITED WARRANTY IN SECTION 4, THE PRODUCT IS PROVIDED “AS IS” AND “WITH ALL FAULTS,” AND THE PURCHASER, AS A MERCHANT OR COMMERCIAL BUYER, ASSUMES THE ENTIRE RISK AS TO ITS QUALITY AND PERFORMANCE.

SECTION 6 — INSTALLATION & ASSEMBLY DISCLAIMER

THE PRODUCT REQUIRES ASSEMBLY. IMPROPER ASSEMBLY PRESENTS RISK OF SERIOUS PERSONAL INJURY OR PROPERTY DAMAGE. PROFESSIONAL INSTALLATION IS STRONGLY RECOMMENDED.

Purchaser acknowledges that:

Complete review of the installation manual prior to assembly is mandatory;
All hardware must be torqued to manufacturer specifications using appropriate tools;
Purchaser understands and acknowledges that substrate and ground composition vary from property to property, and it is the Purchaser's responsibility to ensure adequate ground anchor depth to meet or exceed the specifications set forth in the installation manual for the specific installation surface;
The installer, whether Purchaser or a hired third party, assumes full responsibility for compliance with all applicable local building codes, zoning ordinances, homeowner association rules, and permit requirements; and
The Company makes no representation that the Product is permitted or code-compliant in any particular jurisdiction.

Where a licensed contractor is engaged to install the Product, Purchaser is responsible for ensuring the contractor reviews and follows the installation manual in all material respects. The Company shall bear no liability for damages arising from third-party installation error.

SECTION 7 — PRODUCT SAFETY NOTICES

7.1 — Age and Supervision

The Product is not a toy and is not intended for use by or unsupervised interaction by children under the age of 12.
Adult supervision is required when children are present in proximity to the Product.
The Product should be secured, lowered, or stored during periods of high wind, severe weather, or extended non-use.

7.2 — Prohibited Uses

The Product shall not be used as a climbing structure.
The canopy frame shall not be used to support hanging loads, including planters, lighting fixtures, or decorative items, in an aggregate weight exceeding twenty (20) pounds unless expressly rated in the installation manual.
The Product is designed for outdoor use only and shall not be installed or operated indoors or in enclosed structures.
Use of the Product in proximity to pools, bodies of water, or wet surfaces requires additional anchoring precautions as specified in the installation manual.

7.3 — Maintenance Requirements

Inspect all hardware, fasteners, and structural connections no less than annually and after any significant weather event.
Replace any corroded, cracked, bent, or damaged components before resuming use.
Do not use the Product with a damaged or torn canopy, as structural integrity may be compromised.

SECTION 8 — GENERAL TERMS

8.1 — Governing Law

This Limited Warranty and all associated disclaimers shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. The parties irrevocably submit to the exclusive jurisdiction and venue of the state and federal courts located in Columbia County, Florida for any matter not subject to arbitration, and each party knowingly and voluntarily WAIVES ANY RIGHT TO A TRIAL BY JURY.

8.2 — Dispute Resolution

Any dispute, claim, or controversy arising out of or relating to the Product or this document that is not resolved through good-faith negotiation within thirty (30) days shall be resolved exclusively by final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Columbia County, Florida. Judgment on the award may be entered in any court of competent jurisdiction. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PARTIES WAIVE ANY RIGHT TO LITIGATE IN COURT, TO A TRIAL BY JURY, AND TO PARTICIPATE IN A CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION; ALL DISPUTES SHALL BE ARBITRATED ON AN INDIVIDUAL BASIS.

8.3 — Severability

If any provision of this Limited Warranty or these disclaimers is held to be invalid, illegal, or unenforceable under applicable law, such provision shall be modified to the minimum extent necessary to make it enforceable, and all remaining provisions shall remain in full force and effect.

8.4 — Entire Agreement

This Limited Warranty and these disclaimers constitute the entire agreement between the Company and Purchaser with respect to the warranty and liability terms applicable to the Product, and supersede all prior representations, warranties, or commitments, written or oral.

8.5 — No Waiver

No failure by the Company to enforce any provision of this Limited Warranty shall constitute a waiver of the Company's right to enforce such provision in the future.

8.6 — Indemnification (Commercial Purchasers & Distributors)

To the maximum extent permitted by law, each commercial purchaser, distributor, dealer, and reseller (each, an “Indemnifying Party”) shall defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) the Indemnifying Party’s marketing, advertising, sale, storage, handling, assembly, or installation of the Product; (b) any representation or warranty regarding the Product made by the Indemnifying Party that exceeds or is inconsistent with the Company’s published specifications and this document; or (c) the Indemnifying Party’s breach of this document or violation of applicable law.

8.7 — Compliance and Pass-Through Obligations

Each commercial purchaser and distributor is responsible for compliance with all laws applicable to its resale and downstream distribution of the Product, and shall pass through to each sub-purchaser and end user all safety warnings, installation and maintenance manuals, warranty terms, and this disclaimer, including any applicable California Proposition 65 warning. The Company makes no representation that the Product is registered, permitted, or code-compliant in any particular jurisdiction, and each such party assumes responsibility for confirming the Product’s suitability for its intended markets.

8.8 — Force Majeure

The Company shall not be liable for any delay in or failure of performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, severe weather, fire, labor disputes, supply-chain disruption, or governmental action.