25-YEAR LIMITED RESIDENTIAL WARRANTY
10-YEAR LIMITED COMMERCIAL WARRANTY
Statement of Warranty: This warranty is given to the original purchaser, residential or commercial as the case may be (“Purchaser”), of LumberCon LLC products (excluding any or all components of such systems not specifically made by LumberCon LLC). This warranty does not extend to any products, fasteners or hardware not supplied by LumberCon LLC. 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 residential homeowner.
LumberCon LLC (“LumberCon”) warrants to the Purchaser that, for a period of twenty-five (25) years (Residential) and 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: the Products 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. Minor chips can be easily patched using approved concrete patch materials.
All warranties are subject to the exclusions, limitations and restrictions set forth below.
Obtaining Warranty Performance: If Purchaser discovers a defect in the LumberCon 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 LumberCon in writing, at the following address:
208 Plum Alley,
Purchaser must include in this notification proof of purchase and a statement explaining the defect. LumberCon may request additional information. After reviewing all information, LumberCon will make a determination regarding the validity of such claim. If LumberCon determines that Purchaser’s claim is valid, LumberCon will, at its option, either replace the defective LumberCon Products or refund the portion of the purchase price paid by Purchaser for such defective LumberCon 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 LumberCon is providing replacement materials, it may elect to replace the percentage listed below of Products otherwise meeting the requirements for a claim; if LumberCon 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.
- This warranty shall not cover, and LumberCon shall not be responsible for, costs and expenses incurred with respect to the removal of the defective LumberCon 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 LumberCon Products were originally installed.
Exclusions from Warranty Coverage: LumberCon 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 LumberCon Products and/or failure to abide by LumberCon’s installation guidelines, including but not limited to improper gapping; (2) use of LumberCon Products beyond normal use, or in an application not recommended by the LumberCon installation guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the LumberCon 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 LumberCon 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 LumberCon Products by Purchaser, the transferee or third parties; (8) any fasteners not supplied by LumberCon.
Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the LumberCon Products in connection with their use in any particular application.
Limitations: DISCLAIMER OF WARRANTIES: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, LumberCon 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: LumberCon’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL LumberCon 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. LumberCon’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 LumberCon 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 LumberCon 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 and is effective for purchases (residential or commercial, as the case may be) made on or after January 1, 2022. Copyright (c) 2022 LumberCon LLC.