20-YEAR WARRANTY
READ THESE WARRANTY TERMS CAREFULLY BEFORE INSTALLING OR USING THE TREX RAINESCAPE DECK DRAINAGE SYSTEM. YOUR INSTALLATION AND USE OF THE SYSTEM OR ANY OF ITS COMPONENTS IN- DICATES THAT YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS WARRANTY, RETURN THE PRODUCT TO THE PLACE OF PURCHASE FOR A FULL REFUND. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State. 1. WARRANTY IBP, LLC Enterprises, LLC (IBP, LLC) warrants that at the time of sale the components of the Trex RainEscape Deck Drainage System (the “System”) will be free from defects in material and manufacture and will conform to IBP, LLC’s specifications for the components. IBP, LLC further warrants that for a period of twenty years after sale the System will not leak, PROVIDED THAT it is in- stalled and maintained in accordance with IBP, LLC’s instructions and is not subjected to (a) alteration or un- authorized repairs, (b) misuse or abuse, such as by punc- turing, cutting, burning, melting and the like, (c) Acts of God (including without limitation hurricanes, tornadoes, floods, earthquakes, or other severe weather or natu- ral phenomena), or (d) improper storage or handling or other treatment or installations for which it was not in- tended. This warranty extends only to the first owner (“the Owner”) of the structure on which the system is installed who uses the structure for its intended purpose- ----whether residential or commercial. 2. DISCLAIMER OF OTHER WARRANTIES The preceding warranties are the exclusive and sole ex- press warranties given by IBP, LLC. They supersede any prior, contrary or additional representations, whether oral or written. IBP, LLC HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES WHETHER EXPRESS, IMPLIED, OR STATUTORY-INCLUDING ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE, ANY WARRANTY OF MERCHANTABILITY AND ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, except that for System components purchased directly by a consumer, any implied warranties are limited in duration to the term of express warranties provided above. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. 3. EXCLUSIVE REMEDY FOR ANY NONCONFORMITIES If during the applicable warranty period, the System or its components do not conform to the preceding Warranties,
the Owner shall notify IBP, LLC as provided below, and within a reasonable time IBP, LLC will provide, at its option, one of the following: (1) replacement components for any non- conforming or defective components or (2) the percentage of the purchase price for the non-conforming System com- ponents equal to the percentage of the warranty period re- maining when IBP, LLC is notified of the nonconformity. IBP, LLC will not be liable for labor, costs of removal or reinstal- lation of components, disposal, freight, taxes, or other in- cidental charges. THESE REMEDIES ARE THE EXCLUSIVE AND SOLE REMEDIES FOR ANY BREACH OF WARRANTY. For any breach of warranty, the owner must notify IBP, LLC in writing at the address in Section 7 within thirty (30) days after discovering the nonconformity. The notice must de- scribe the location and nature of the nonconformity. The owner must give IBP, LLC a reasonable opportunity to ex- amine the claimed nonconformity before undertaking any repairs, removal or replacement. The owner must present the original invoice, bill, or other proof of date of purchase. Compliance with the requirements of this paragraph is a condition to coverage under the Warranty: if these require- ments are not complied with IBP, LLC will have no obligation to provide any remedy for any breach of warranty.
4. DISCLAIMER OF INCIDENTAL AND CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL IBP, LLC BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT OR FROM IBP, LLC’S OWN NEGLIGENCE. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. 5. APPLICABLE LAW This warranty will be interpreted, construed, and enforced in all respects in accordance with the Laws of the State of Colorado , without reference to its choice of law rules. The U.N. Convention on Contracts for International Sale of Goods will not apply to this warranty. 6. SEVERABILITY If any provision of this warranty is found to be invalid or unenforceable, then the remainder shall have full force and the invalid provision shall be partially enforced to the maximum extent permitted by law to effectuate the pur- pose of the agreement.
7. ADDRESS FOR NOTICES TO IBP, LLC 2965 S Tejon St Englewood , CO 80110
24 22
Made with FlippingBook - professional solution for displaying marketing and sales documents online