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TimberTech® Deck, Railing, and Accessories Warranty
25-YEAR LIMITED RESIDENTIAL WARRANTY
10-YEAR LIMITED COMMERCIAL WARRANTY
Alternative decking materials, rail systems, accessories.
Statement of Warranty: This warranty is given to the original purchaser, residential or commercial as the case may be (“Purchaser”), of TimberTech® alternative decking materials, rail systems (excluding all metal baluster components of such rail systems and DeckLites, which are covered under separate warranties), and accessories (inpidually and collectively “Decking Materials”) and the DrySpace deck drainage system (“DrySpace” and, collectively with the Decking Materials, the “TimberTech® Products”). This warranty does not extend to fasteners that are not supplied by TimberTech®. For purposes of this warranty, a residential Purchaser shall refer to a single-family residential homeowner and a commercial Purchaser shall refer to any Purchaser other than a single-family residential homeowner.
TimberTech® Limited (“TimberTech”) warrants to Purchaser that, for a period of twenty-five (25) years (Residential) & ten (10) years (Commercial) from the date of the original purchase, residential or commercial as the case may be, (the “Term”), under normal use and service conditions, that: (1) the Decking Materials will be free from material defects in workmanship and materials, and will not check, split, splinter, rot or suffer structural damage from termites or fungal decay; and (2) DrySpace will not peel, blister, pit, flake, crack or corrode as a result of manufacturing defects, or as a result of exposure to ocean air (salt spray).
All warranties are subject to the exclusions, limitations and restrictions set forth below.
Obtaining Warranty Performance: If Purchaser discovers a defect in the TimberTech® Products during the Term, Purchaser must, within thirty (30) days from the discovery of the alleged defect but no later than the end of the Term, notify TimberTech® in writing, at the following address:
894 Prairie Avenue
Wilmington, Ohio 45177
Attn: Claims Department
Purchaser must include in this notification proof of purchase and a statement explaining the defect. TimberTech® may request additional information. After reviewing all information, TimberTech® will make a determination regarding the validity of such claim. If TimberTech® determines that Purchaser’s claim is valid, TimberTech® will, at its option, either replace the defective TimberTech® Products or refund the portion of the purchase price paid by Purchaser for such defective TimberTech® Products (not including the cost of its initial installation).
If a residential Purchaser makes a valid warranty claim hereunder during years eleven (11) through twenty-five (25) after the original purchase, then the residential Purchaser’s recovery will be prorated as indicated below. If TimberTech® is providing replacement materials, it may elect to replace the percentage listed below of boards otherwise meeting the requirements for a claim; if TimberTech® is refunding the purchase price, it may elect to refund the percentage listed below of the purchase price of boards otherwise meeting the requirements for a claim.
Year of Claim Recovery
This warranty shall not cover, and TimberTech® shall not be responsible for, costs and expenses incurred with respect to the removal of the defective TimberTech® Products or the installation of replacement materials, including but not limited to, labor and freight. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY.
Transfer of Warranty: This warranty may be transferred one (1) time, within the five (5) year period beginning from the date of original purchase by Purchaser, to a subsequent buyer of the property upon which the TimberTech® Products were originally installed.
Exclusions from Warranty Coverage: TimberTech® does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damages attributable to: (1) improper installation of the TimberTech® Products and/or failure to abide by TimberTech’s installation guidelines, including but not limited to improper gapping; (2) use of TimberTech® Products beyond normal use, or in an application not recommended by the TimberTech® installation guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the TimberTech® Products are installed; (4) any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mold, mildew, etc.), or staining from foreign substances (such as dirt, grease, oil, etc.); (5) variations or changes in color of TimberTech® Products; (6) normal weathering due to exposure to sunlight, weather and atmosphere which can cause colored surfaces to, among other things, flake, chalk, or accumulate dirt or stains; (7) improper handling, storage, abuse or neglect of the TimberTech® Products by Purchaser, the transferee or third parties; (8) any fasteners not supplied by TimberTech®; or (9) minor dripping from DrySpace®.
Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the TimberTech® Products in connection with their use in any particular application.
Limitations: DISCLAIMER OF WARRANTIES: EXCEPT FOR (1) THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, AND, (2) THE 25 YEAR LIMITED RESIDENTIAL FADE AND STAIN WARRANTY APPLICABLE TO EARTHWOOD® EVOLUTIONS DECKING ONLY (WHICH IS IN ADDITION TO THE WARRANTY CONTAINED HEREIN), TIMBERTECH® MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION FOR THE WARRANTY TERM AND BEYOND THE WARRANTY TERM.
Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you.
LIMITATION OF REMEDIES AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: TIMBERTECH’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL TIMBERTECH® BE LIABLE OR OBLIGATED FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. TIMBERTECH’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.
Miscellaneous: This writing is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written instrument signed by TimberTech® and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and TimberTech® shall not be bound by any such statements other than those contained in this warranty.
This warranty shall only be applicable and enforceable in the United States of America.
This warranty is effective for purchases (residential or commercial, as the case may be) made on or after January I, 2011.
Copyright (c) 2011 TimberTech®.