Serving Collier, Lee, and Charlotte Counties SWFL
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239•243•9571
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WATER GATE SYSTEMS, LLC

LIMITED WARRANTY – FLORIDA COMPLIANT
Effective Date: June 1, 2025
Governed by: Florida State Law and Federal Magnuson-Moss Warranty Act

Download the PDF Here

1. SCOPE OF WARRANTY COVERAGE

Water Gate Systems, LLC (“Water Gate,” “Company,” “we,” or “us”), a Florida limited liability company, provides this Limited Warranty to the original retail purchaser (“Purchaser” or “you”) of Water Gate flood barrier products purchased for use in the State of Florida.

Coverage Period: THREE (3) YEARS from the date of delivery to the original purchaser.

What is Warranted: Water Gate warrants that the products manufactured by Water Gate:

  • (a) Conform to published specifications and technical documentation at the time of manufacture;
  • (b) Are free from defects in materials under normal use conditions;
  • (c) Are free from defects in workmanship under normal installation and deployment conditions;
  • (d) Will perform substantially in accordance with Water Gate’s published performance standards when properly installed, deployed, and maintained.

Warranty Claim Process: To make a warranty claim, you must:

  • Notify Water Gate in writing within thirty (30) days of discovering the defect;
  • Provide detailed description of the defect and conditions of use;
  • Provide proof of purchase and installation documentation;
  • Allow Water Gate reasonable access for inspection;
  • Return defective products to our Fort Myers, Florida facility at your expense for examination.

Our Remedy: If Water Gate determines that a covered defect exists, we will, at our sole discretion:

  1. Repair the defective product,
  2. Replace the defective product with new or remanufactured product of equal or greater functionality, or
  3. Refund the purchase price less reasonable depreciation based on use.

2. WARRANTY EXCLUSIONS AND LIMITATIONS

Important Disclosure: No residential or commercial flood barrier system provides 100% protection against water intrusion. Some seepage, minor leaks, and puddles are inherent characteristics of barrier systems and do not constitute defects under this warranty.

This warranty does not cover:
(a) Products not manufactured by Water Gate.
(b) Installation-related issues (improper prep, non-approved materials).
(c) Misuse, modification, or unauthorized attachments.
(d) Force majeure events (fire, earthquake, hurricane beyond spec, etc.).
(e) Overtopping or improper deployment.
(f) Handling and transportation damage post-delivery.
(g) Normal wear, UV/saltwater exposure, cosmetic changes.
(h) Custom orders and Aqua-Cade™ aluminum components (non-returnable).
(i) Consequential conditions (property damage, business interruption, etc.).

3. WARRANTY OF TITLE AND DELIVERY

Water Gate warrants good and marketable title to all products, free from liens or claims.

  • Products delivered FOB Fort Myers, FL facility.
  • Risk of loss transfers to purchaser upon carrier pickup.
  • Warranty of title survives delivery and is not limited to three years.

4. DISCLAIMER OF OTHER WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH HERE, WATER GATE MAKES NO OTHER WARRANTIES.

To the maximum extent permitted by Florida law, Water Gate disclaims:

  • Implied warranties of merchantability,
  • Fitness for a particular purpose,
  • Warranties arising from trade usage,
  • Warranties against infringement.

Where exclusions are prohibited, implied warranties are limited to this express warranty’s duration.

5. LIMITATION OF REMEDIES AND DAMAGES

Exclusive Remedies: Limited to Section 1 remedies. Total liability shall not exceed original purchase price.

Not Liable For:

  • Special, incidental, consequential damages,
  • Loss of profits, revenue, business, savings,
  • Property damage, business interruption,
  • Third-party claims, attorney fees.

Exception: Personal injury or death caused by negligence or product defects.

6. TIME LIMITATIONS FOR LEGAL ACTION

  • Actions must be filed within FOUR (4) YEARS of delivery or one (1) year after warranty expiration (whichever later).
  • Must first give Water Gate written notice and opportunity to inspect.
  • Jurisdiction: Lee County, FL state courts or U.S. District Court (Middle District of Florida, Fort Myers Division).

7. ENTIRE AGREEMENT AND MODIFICATIONS

  • This warranty is the full and exclusive agreement.
  • Modifications require signed writing by both parties.
  • Warranty is non-transferable and terminates on resale/transfer.

8. RISK ALLOCATION AND ACKNOWLEDGMENT

  • Purchase price reflects risk allocation.
  • Buyer acknowledges:
    • Flood barriers have inherent limitations,
    • Proper procedures must be followed,
    • Risks are accepted,
    • Terms are understood.

Florida Consumer Rights: You may have additional protections under FDUTPA (Chapter 501, F.S.).

Water Gate Systems, LLC
Fort Myers, Florida
Phone: 239-243-9571
Website: www.watergatesys.com

This warranty applies to products sold after June 1, 2025.

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