Manufacturer's Warranty
Our decking tiles are designed to give year after year of use and enjoyment, both indoors and
outdoors in all types of weather. For your additional peace of mind, the Manufacturer offers a Limited Residential
Warranty covering defects in workmanship and materials for 10 years from the date of purchase as follows:
Limited Residential Warranty
The Manufacturer (hereinafter
referred to as “MFG”) warrants to the original residential purchaser that its’ decking tile products shall
be free from material defects in workmanship and materials for a period of ten (10) years from the date of original purchase,
under normal use and service conditions. For the purposes of this warranty, a "residential purchaser"
shall refer to an individual residential homeowner.
If a
defect appears within the warranty period, you must notify the MFG's Representative in writing by sending a description
of the claimed defect together with proof of purchase to the following address:
Attn:
Decking Manufacturer, 6117 Reseda Blvd., Suite G, Reseda, CA 91335
After
confirmation by an authorized MFG representative of the defect, MFG’s sole responsibility shall be, at its option,
to either replace the defective item or refund that portion of the purchase price paid by you for the defective item (not
including the cost of its initial installation). This warranty shall not cover and retailer shall not be responsible
for costs and expenses incurred with respect to the removal of defective MFG products or the installation of replacement
materials, including but not limited to, labor and freight.
This warranty only
covers MFG, does not warrant against, 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 MFG products and/or failure to abide by MFG’s installation guidelines, including but not limited to failure
to install the tiles on a solid, flat surface or a surface that is not properly drained;
(2) any cracking, breakage,
or other damage occurring during or after installation;
(3) use of MFG products in an application not recommended
by MFG’s guidelines and local building codes;
(4) movement, distortion, collapse or cracking of the surface or
the supporting structure on which MFG products are installed;
(5) 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.);
(6) natural imperfections or natural variations in the wood color;
(7) natural weathering of the wood including but not limited to fading of the wood color;
(8) improper handling, storage,
abuse or neglect of MFG products; or
(9) ordinary wear and tear
You
are solely responsible for determining the effectiveness, fitness, suitability and safety of the MFG products in connection
with its use in any particular application.
No person or entity is authorized
by the retailer or MFG to make any statement or representation as to the quality or performance of MFG products
other than as contained in this warranty and the retailer and MFG shall not be bound by any such statements or representations.
This warranty may not be altered or amended except by means of a written document
signed by both MFG and yourself.
UNDER NO CIRCUMSTANCES WILL TOFC 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, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE
OR UNFORSEEABLE, 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. MFG’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, or do not allow limitations on how
long an implied warranty lasts, 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.
This
warranty shall only be applicable and enforceable in the United States of America and Canada.
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