
GMP #116–Appendix A
2013 Virginia Mantis M5Design & Installation Manual Page 17 www.eljen.com
Appendix A contains two versions of the Warranty, Notice of Substitution
and Waiver. The rst is to be used when VDH has issued a permit for a
gravel-type draineld system and the Owner elects to install a Substituted
System. The second is to be used when an AOSE or a PE has specied a
Substituted System as part of a design package for a construction permit.
WARRANTY,
NOTICE OF SUBSTITUTION
AND
WAIVER OF LIABILITY
County/City of ____________________________________________________________
Sewage Disposal System Construction Permit ID # ______________________________
Tax Map # ____________________ or property description:_______________________
Owner:__________________________________________________________________
Date: ___________________________________________________________________
LIMITED FIVE YEAR WARRANTY
(a) [Insert Manufacturer] (the “Company”) warrants that the [insert product] manufactured
by the Company (collectively, the “Units”), when installed and operated in accordance
with the manufacturer’s instructions and the current Virginia Department of Health GMP
116, Use of Gravelless Systems at Manufacturer’s Specications, and pursuant to all
necessary building permits, are warranted for a period of ve (5) years from the date of
installation (i) to be free from defective materials and workmanship; and (ii) to perform in
accordance with the state performance requirements in effect on the date of installation.
This warranty extends only to the property owner. For purposes of this warranty, the [insert
product] System must be installed in accordance with all site conditions specied in the
Local Health Department Construction Permit and sized according to the Company’s
specications.
(b) System failures determined to be due to improper siting, excessive water usage,
improper grease disposal, improper installation, improper operation, or improper
maintenance are not part of this warranty.
Upon notication of a system failure, the Company may, at its option, perform or have
performed certain tests to determine the cause of failure. A registered soil scientist or
professional engineer may be used to evaluate the soil conditions and compare those
conditions with any original evaluation, which may appear on the permit.
In order to exercise these warranty rights, the property owner must notify the Company
in writing at its corporate headquarters within 15 days of discovery of the alleged defect.
The notice shall be accompanied by (i) a copy of the warranty which is signed and dated
by the installer and the property owner as set forth below; (ii) a copy of the appropriate
permit for the septic system; and (iii) proof to the Company’s satisfaction that the septic
tank has been maintained in accordance with the Company’s operating instructions. In the
event of a breach of warranty due to a failure of the trench, the Company will provide and
install [insert product] units as necessary to extend the size of the trench to provide a fully
functional wastewater system. The Company will not be responsible for pumps and any
other necessary mechanical devices needed to extend the trench.
(c) THE WARRANTY IN SUBPARAGRAPH (a) AND THE REMEDIES IN SUBPARAGRAPH
(b) ARE EXCLUSIVE. THERE ARE NO OTHER WARRANTIES. ANY IMPLIED
WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR
PURPOSE SHALL NOT EXTEND BEYOND THE PERIOD IN SUBPARAGRAPH (a). THE
WARRANTY DOES NOT EXTEND TO INCIDENTAL, CONSEQUENTIAL, SPECIAL,
OR INDIRECT DAMAGES. THE COMPANY SHALL NOT BE LIABLE FOR PENALTIES
OR LIQUIDATED DAMAGES, LOSS OF PRODUCTION AND PROFITS, LABOR AND
MATERIALS, OVERHEAD COSTS, OR OTHER LOSS OR EXPENSE. SPECIFICALLY
EXCLUDED ARE DAMAGE DUE TO ORDINARY WEAR AND TEAR, ALTERATION,
ACCIDENT, MISUSE, ABUSE, OR NEGLECT; THE UNITS BEING SUBJECTED TO
STRESSES OR VEHICLE TRAFFIC GREATER THAN THOSE PRESCRIBED IN THE
INSTALLATION INSTRUCTIONS OR OPERATION INSTRUCTIONS; FAILURE TO
MAINTAIN THE MINIMUM GROUND COVERS SET FORTH IN THE OPERATION
INSTRUCTIONS; THE PLACEMENT OF IMPROPER MATERIALS INTO THE SYSTEM;
OR ANY OTHER EVENT NOT CAUSED BY THE COMPANY. THIS WARRANTY SHALL
BE VOID IF THE PROPERTY OWNER FAILS TO COMPLY WITH ALL OF THE TERMS
SET FORTH IN SUBPARAGRAPH (b).
FURTHERMORE, IN NO EVENT SHALL THE COMPANY BE RESPONSIBLE FOR ANY
LOSS OR DAMAGE TO THE PROPERTY OWNER, THE UNITS, OR ANY THIRD PARTY
RESULTING FROM THE INSTALLATION OR SHIPMENT OF THE UNITS, OR FROM
ANY PRODUCT LIABILITY CLAIMS OF THE ORIGINAL PROPERTY OWNER OR ANY
THIRD PARTY. THE COMPANY SHALL NOT BE RESPONSIBLE FOR ENSURING
THAT INSTALLATION OF THE SYSTEM IS COMPLETED IN ACCORDANCE WITH ALL
APPLICABLE LAWS, CODES, RULES, AND REGULATIONS.
(d) No representative of the Company has the authority to change this warranty in any
manner whatsoever, or to extend this warranty. No warranty applies to any party other
than to the property owner.
NOTICE OF SUBSTITUTION
This is to notify the Virginia Department of Health (“VDH”) that a ___ _(insert manufacturer’s
name and model # or description)_ ___ (“Substituted System”) will be substituted for the
gravel-type draineld system specied on the above-referenced sewage disposal system
construction permit.
I understand that the Substituted System is not the system designed by the
______________ County/City Health Department. The Substituted System, however,
is authorized for use in the Commonwealth of Virginia pursuant to VDH’s Guidance
Memoranda and Policy (GMP) #116. I further understand that the Substituted System
is covered by a manufacturer’s warranty and that such a warranty is not available for the
system prescribed by the County/City Health Department in the above-referenced permit.
I understand that, regardless of whether the Substituted System or the gravel-type
draineld system is installed, the Commonwealth of Virginia requires that the owner
maintain and preserve the entire approved absorption area (including reserve area where
applicable) that was required by the permit. This condition is intended to assure that any
absorption area that is not used will be available in the future should it become necessary
to repair or replace the System. I hereby agree that I will maintain and preserve the entire
absorption area as required.
WAIVER
As OWNER of the property described above and subject to the exception described
below, I hereby release and agree to hold harmless the Virginia Department of Health and
the Commonwealth of Virginia, including, without limitation, any and all of its agencies,
boards, and commissions, their insurer(s), ofcers, directors, employees, representatives,
and agents [hereafter referred to as the “COMMONWEALTH OF VIRGINIA”], from any
and all claims, complaints, demands, actions, causes of action, liabilities and obligations,
of whatever source or nature, whether administrative, legal or equitable, whether known
or unknown, which the OWNER now has or has in the future relating to or arising out of
the installation of the Substituted System including, without limitation, any and all claims
due to the failure of any person to comply with federal, state, or local laws or regulations,
claims under the Virginia Tort Claims Act, the Virginia Constitution, the United States
Constitution and amendments thereto, or under common law.
I understand that the COMMONWEALTH OF VIRGINIA does not warrant in any way
the performance of any System and that the manufacturer’s warranty is the sole remedy
available to me with respect to any performance deciency associated with a Substituted
System. Furthermore, I agree to rst seek and exhaust any and all remedies under the
manufacturer’s warranty before applying for indemnication under the Onsite Sewage
Indemnication Fund.
EXCEPTION—Onsite Sewage Indemnication Fund: I do not release the
COMMONWEALTH OF VIRGINIA from any liabilities, claims, or causes of action provided
under § 32.1-164.1:01 of the Code of Virginia (Onsite Sewage Indemnication Fund). I
acknowledge and afrm that the Onsite Sewage Indemnication Fund shall be the sole
remedy for failure of the Substituted System where such failure results from negligence
on the part of VDH. I also acknowledge and afrm that the Virginia Department of Health’s
authorization of the Substituted System pursuant to GMP #116 shall not constitute an act
of negligence pursuant to § 32.1-164.1:01 of the Code of Virginia.
This agreement shall be binding upon all subsequent owners of this property including any
and all HEIRS, SUCCESSORS, and ASSIGNS.
ACKNOWLEDGEMENT
I acknowledge that I have read this WARRANTY, NOTICE OF SUBSTITUTION, and
WAIVER and that I understand their terms. I also understand that there is no warranty if
I do not comply with all of the above steps or if the system is not installed or maintained
properly. I acknowledge to the Company that this warranty is part of my original agreement
to purchase the septic system and that the warranty and its limitations were provided to
me at the time of purchase.
Address of Installation Name (print) and Address of Property Owner:
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Signature Date ___________________________________________________________
I acknowledge to the Company and the homeowner that the septic system and the [insert
product] units have been installed in accordance with GMP 116, the installation instructions
of the Company and in accordance with all state trench requirements and other applicable
laws.
________________________________________________________________________
Business Name of Installer Name (print)_______________________________________
Signature Date ___________________________________________________________
Notice of Substitution to be used when an AOSE or PE has specied a
Substituted System as part of a permit application.