RUBICON FLOOD CONTROL COMPANY LIMITED WARRANTY DISCLOSURE

Rubicon Flood Control (“Rubicon”) is committed to delivering durable, high-performance flood protection systems. This Limited Warranty outlines the scope, limitations, and conditions of warranty coverage for Rubicon-manufactured flood barriers and related components.

Rubicon warrants to the original purchaser (“Customer”) that its aluminum flood barrier systems—including, but not limited to, barrier panels, compression posts, rubber gaskets, anchoring hardware, and mounting assemblies (collectively, the “Products”)—will be free from defects in materials and workmanship under normal use and service conditions for a period of two (2) years from the date of shipment to the Customer (the “Warranty Period”).

This warranty applies only to Products that are:

  • Installed, deployed, and maintained in strict accordance with Rubicon’s written instructions, and
  • Used exclusively for their intended purpose.

1. Scope of Warranty

If installed by Rubicon: Both materials and workmanship are covered.
If installed by a Rubicon-designated subsidiary or preferred contractor: Materials are covered by Rubicon; workmanship is covered by the installer under a separate agreement.
If installed by the Customer or a third-party contractor: Coverage applies to materials only.

This warranty applies solely to Products that have been properly installed, operated, and maintained per Rubicon’s guidelines and used under standard environmental conditions.

2. Performance Parameters

Rubicon flood barriers are engineered to significantly reduce or eliminate water intrusion when properly installed and deployed. However, actual performance may vary due to site-specific and environmental variables, including:

  • Surface flatness and uniformity
  • Proper gasket compression
  • Mechanical force applied during deployment
  • Hydrostatic pressure
  • Absence of obstructions or installation errors

Independent lab tests show less than 5 gallons of water intrusion over 12 hours of continuous contact. However, performance in the field may differ due to conditions beyond Rubicon’s control.

Rubicon does not guarantee absolute water impermeability in all circumstances.

3. Exclusions

This warranty does not apply to damages or failures caused by:

  • Improper storage, installation, or removal
  • Unauthorized modifications or misuse
  • Vandalism, negligence, or accidents
  • Use of abrasive cleaners or corrosive agents (e.g., acids, alkalis, chlorides)
  • Cosmetic damage or normal wear and tear
  • Environmental exposure leading to surface corrosion
  • Site-specific issues like subsidence or improper mounting surfaces
  • Acts of God (e.g., hurricanes, storm surges beyond rated capacity, flooding above spec)

Also excluded:

  • Third-party accessories not approved by Rubicon
  • Any tampering with the Products
  • Failure to follow Rubicon’s operating or maintenance guidelines
  • Non-payment in accordance with contractual terms
  • Product resale or transfer to another party

EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE PRODUCTS ARE PROVIDED “AS IS.” RUBICON EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.

4. Warranty Claims Procedure

To initiate a claim, Customer must:

  1. Submit written notice within 30 days of discovering a defect
  2. Provide proof of purchase and a detailed description
  3. Include supporting documentation (e.g., photos, serial numbers)

Rubicon reserves the right to inspect the Product and installation site. If the claim is valid, Rubicon will, at its sole discretion:

  • Repair the Product
  • Provide a replacement part
  • Or issue a credit not exceeding the original purchase price

Labor, removal, and reinstallation costs are not covered.
Shipping costs may be the responsibility of the Customer unless otherwise required by law.
Failure to follow the claim procedure may void coverage.

5. Limitation of Liability

Rubicon’s total liability is limited to the original purchase price of the defective Product.

Rubicon shall not be liable for:

  • Special, incidental, or consequential damages
  • Business interruption or lost profits
  • Property damage or cleanup due to water infiltration

This limitation does not apply to cases involving gross negligence, willful misconduct, or personal injury directly resulting from Rubicon’s actions.

6. Governing Law and Venue

This Limited Warranty is governed by the laws of the State of Florida.
Any legal action shall be brought exclusively in Lee County, Florida, in state or federal court.

7. Non-Transferability

This warranty applies only to the original purchaser and is non-transferable. Any resale or transfer voids this warranty entirely.

Rubicon reserves the right to update or modify this warranty disclosure at any time. The most current version is available at www.RubiconFlood.com.

8. Warranty Support Contact

Rubicon Flood Control Company
3729 Chiquita Blvd S., Cape Coral, FL 33914
Phone: (239) 330-8888
Email: CustomerSupport@RubiconFlood.com
Website: www.RubiconFlood.com