LIMITED WARRANTY: Subject to the limitations set forth below, IMX Technologies warrants that the afore described concrete structure shall remain waterproof for a period of _________(___) years from the Completion Date. This limited warranty is given upon the express condition that Owner, Contractor, Sub-Contractor, Employees, Agents and all others involved fully comply with the terms and conditions of this document and the specifications and requirements of the contract as outlined by the Engineer or Architect.

DESCRIPTION: For the purpose of this Limited Warranty, “Waterproof” shall mean the absence of visible water migration through the concrete matrix.

XYPEX ADMIX DESIGN REQUIRMENTS:
Minimum Thickness
	1.		For shot crete liners using fiber reinforcing: minimum 3” thickness required.
	2.		For slabs: minimum 4” thickness required.
Minimum Steel
	1.		Minimum steel placement per ACI 318-05, table section 7.12.2.2. Review by IMX Technology personnel required prior to pour.
Cold Weather Precautions
	1.		Refer to ACI 306.1, “Standard Specification for Cold Weather Concreting.”
Minimum Ground and Ambient Temperatures
	1.		Refer to ACI 306.
Flyash and Other Pozzolans
	1.		Use up to 15% replacement of Cementitious with up to 3% Xypex (for chemical resistance). Use up to 20% replacement of Cementitious with 2% Xypex.
Water Reducers/Plasticizers
	1.		Polycarboxylate type plasticizers are recommended.
	2.		Type A Water Reducers not recommended when used with over 15% Flyash and Xypex.
Set Time Accelerators
	1.		May be used to correct set time retardation in cold weather conditions.
Maximum Water/Cement Ratio, Slump
	1.		Not to exceed 0.55 W/C Ratio.
	2.		No Maximum slump. Xypex can be used in Flowable and Self Compacting Mixes.
Consolidation
	1.		Vibration consolidation required in form work. Non consolidated concrete, i.e. voids and rock pockets are not covered by warranty.
Control and Expansion Joints
	1.		As per appropriate ACI guidelines.
	2.		Warranty requires use of approved joint treatment. (See below: Addendum 1. Warranty Details - Cold Joints.)
Tie Holes
	1.		Must be post application treated with Xypex Patch'n Plug.

WARRANTY PARAMETERS: This limited warranty does not include or cover damage or failure of the Waterproofing System resulting from the penetration of water through expansion joints or cracks caused by structural failure or other causes unrelated to the Waterproofing System. Further this limited warranty does not cover damage or failure to the Waterproofing System caused by acts of God, fire, explosion, vibration, structural movement, lightning, earthquake, civil disturbance, or the actions or inactions of attendant personnel.

Cold joints, penetrations, tie holes, and expansion joints require additional design considerations and good placement and finishing practices and are not covered under this warranty unless specifically indicated and reviewed prior to application. If other systems and products are utilized such as specified expansion joints then this warranty does not cover those products or systems unless all conditions are met as outlined in Addendum 1.

Warranty does not cover plastic shrinkage cracking that is a result of temperature and weather conditions. This condition can be repaired on an “at cost” basis by Certified Applicators.

This warranty extends only to the failed area. This warranty does not cover any incidental or consequential damages.

EXECUTION OF WARRANTY: To obtain performance of any obligation under this warranty, the consumer must contact the warrantor within fourteen (14) days after any alleged failure. Such notice shall be in writing describing specifically the nature of the problem. Upon receipt of said notice IMX Technologies will schedule a site visit and arrangements will be made to remedy stated problem. Repair shall take place within forty-five (45) days of notice.

LIMITATION OF REMEDIES: In the event of a breech of this Warranty, IMX Technologies will be liable for the lesser of the following: (1) The price paid by the purchaser for the Waterproof System or (2) the direct cost of repairing the Waterproof System. Any repair work performed under this Limited Warranty shall be at the direction and expense of IMX as outlined above. In no event shall purchaser be entitled to recover incidental, consequential or punitive damages, including, but not limited to damages for delay, inconvenience, loss of profits or other commercial loss.

The following informal dispute settlement procedure is available for the consumer: Alternative Dispute Resolution (A.D.R.) This informal procedure must be resorted to before the consumer pursues any legal remedies in the courts.

GOVERNING LAW: This limited Warranty shall be governed under Utah law.

Except as specified herein, IMX Technologies makes no representation or warranty, express or implied, respecting the Waterproofing System, its merchantability, its fitness or suitability for any particular purposes, its design, its quality, its capacity, or as to any characteristic of the Waterproofing System. This limited warranty contains the entire obligation of IMX Technologies in connection with this Waterproof System.

This limited warranty applies only to projects that are supplied through IMX Technologies, and its Certified and Authorized Representatives. In no case will IMX Technologies be liable for any aspect of any project unless all criteria as outlined above are met. In addition application must be through Certified Applicator at the Batch Plant.

Xypex Product Supplier must be paid in full for said project, and Warranty Fee must be paid prior to issuance of the Ten Year Warranty.

ADDENDUM 1. WARRANTY DETAILS

COLD JOINTS: If joint details are to be part of this warranty, they will need to incorporate one of the following systems, all of which are part of the De Neef family of injectable waterstops: 1. Injecto, 2. *Bento-ject, 3. TRIOject, 4. INJECTBAND, 5. Xypex Dry Pack Reglet with Swellseal. Please contact an IMX Technologies Representative to extend warranty to include Dri-pack cold joint details. The above Joint details will be included as part of the warranty system if specifications and workmanship are strictly adhered to.

*Bento-ject is designed for post application injection as necessary. This would require additional cost to cover materials and labor if the joint leaks.

Other details, as prescribed by Design Engineer or Xypex may also be necessary and would be part of the requirement for warranty as noted in planning or preconstruction meetings. The drawings of said details would be attached to this document and become part of the design specification.

EXPANSION JOINTS: If Expansion Joints are to be covered, the same criteria as above would apply. The required system would be De Neef Colflex Plus. Other systems may be used as an alternate, but only by recommendation of Design Engineer and approval by the Xypex Representative.

PIPE AND OTHER PENETRATIONS: If penetrations are to be covered by this warranty, the same design criteria as outlined in the first paragraph of this page would be required. De Neef Swellseal Gun Grade, or Swellseal 8, as approved by the Design Engineer and Xypex Representative, would be required.

If the above details are to be incorporated into the Warranty, each component as outlined will need to be reviewed and approved by the Design Engineer and the Xypex Representative. Notes from the front page should indicate that this addendum is part of the warranty. Addendum needs to be attached to the warranty and acknowledged by signatures of parties to these documents.