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Duramax Lifetime Transferable Non Prorated Limited Warranty
1. Limited Warranty
US POLYMERS, INC., a California corporation ("Manufacturer") warrants all DuraMax
vinyl fencing, decking and railing materials (the "Products") to be free from
defects in material and workmanship, including peeling, flaking, blistering, and
corroding under normal use and service. The duration of this Limited Warranty
is as follows: (a) If Products (other than common perimeter and common pool fencing)
are installed on property which is owned by and is the primary residence of an
individual purchaser, the Limited Warranty is for as long as the purchaser lives
in the home; (b) For common perimeter and common pool fencing, and for all other
purchasers, the duration of the Limited Warranty is for a period of thirty (30)
years from the date of Product purchase.
2. Scope of Warranty
Manufacturer warrants only the Products which are manufactured by Manufacturer.
Any mixing of materials which are not manufactured by Manufacturer will invalidate
this Limited Warranty. Manufacturer shall repair or replace defective Products
under this Limited Warranty, but shall not be responsible for labor charges or
other expenses incurred in connection with the removal or installation of the
original or replacement Products. Manufacturer also reserves the right to refund
the amount paid by the purchaser of any defective Product, as its sole obligation
under this Limited Warranty.
3. Exclusions
This Limited Warranty shall not extend to any of the following: (a) Products that
have been painted or had their surface treated with other than approved chemicals;
(b) Products not properly installed or where installation is not in strict adherence
to Manufacturer's written instructions; (c) Misuse, abuse, neglect or improper
handling or storage of Products; (d) Use of accessories that do not properly receive
and/or secure the Products; (e) Movement, distortion, collapse or settling of
the ground or structure on which Products are installed; (f) Defects not caused
by Manufacturer (for example, but not limited to, acts of god, accidents, improper
applications or installations outside of industry or DuraMax standards); and (g)
Any other cause not involving manufacturing defects in the Products. Additionally,
Products are not warranted against discoloration or other damage cause by air
pollution (including but not limited to, metal oxides or metallic particles),
mildew, exposure to harmful chemicals or weathering from the elements. Weathering
from the elements is defined as exposure to sunlight and extremes of weather and
atmosphere that will cause any colored surface to gradually fade, chalk, or accumulate
dirt or stains. The severity of any condition depends on the geographical location
of the fencing, decking or railing, the cleanliness of the air in the area, and
many other influences over which Manufacturer has no control. Manufacturer reserves
the right to discontinue or modify any of its Products, including the color, without
notice to the purchaser nor shall Manufacturer be liable in the event the replacement
Products may vary in color or gloss in comparison to the original product as a
result of normal weathering. If Manufacturer replaces any Product under this warranty,
it may substitute Product designated by Manufacturer to be of comparable quality
or price range in the event the Product initially installed has been discontinued
or modified.
4. Limitations on Liability
(a)THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE FACE THEREOF, EXPRESS OR IMPLIED,
WRITTEN OR ORAL, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER OR NOT ARISING FROM ANY TRADE USAGE
OR COURSE OF DEALING, WITH RESPECT TO THE PRODUCTS OF COMPANY. (b)IN NO EVENT
SHALL MANUFACTURER BE LIABLE FOR LOSS OF PROFITS, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES ARISING OUT OF ANY PRODUCT COVERED BY THIS LIMITED WARRANTY, OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE, LOSS OF TIME OR INCONVENIENCE,
OR INCIDENTAL EXPENSES. (c)IN NO EVENT SHALL MANUFACTURER'S LIABILITY HEREUNDER
EXCEED THE COST OF THE PRODUCT. (d)SOME STATES DO NOT ALLOW THE EXCLUSION OF LIMITATIONS
OF INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO
YOU. ALSO, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY
LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. Obligations of Consumer
As a condition precedent to Manufacturer's performance of this Limited Warranty,
the purchaser must promptly notify the Manufacturer in writing of any manufacturing
defect and provide proof of the date of purchase and installation, as well as
proof of property ownership. All such notices should be sent to DuraMax Building
Products, 6915 East Slauson, Los Angeles, CA 90040, Attention: Consumer Services.
Alternatively, the Consumer may call the following toll-free number: (800) 483-1361,
and obtain the name and address of Manufacturer's nearest Authorized Service Center,
and deliver such notice and proofs to the Authorized Service Center. The Authorized
Service Center is not an agent for the Manufacturer except for the purpose of
administering this Limited Warranty to the extent herein provided, and the Manufacturer
does not authorize any Authorized Service Center, or any other person, to assume
for the Manufacturer any liability in connection with this Limited Warranty or
any liability or expense incurred in the replacement or repair of its products
other than as expressly provided herein.
6. Limited Transferability
This Limited Warranty is personal to the original purchaser of Products, and cannot
be assigned or transferred except under the following conditions and one time
only: (a) The original homeowner may transfer the lifetime warranty rights conferred
by this Limited Warranty in connection with the sale of his or her residence to
another individual who uses the property for a personal residence; provided, however,
that a DuraMax Warranty Transfer Card or other satisfactory notification of property
transferred must be received by Manufacturer within thirty (30) days of the transfer
of the subject property; and (b)All other original purchasers may transfer the
rights conferred upon them by this Limited Warranty only to an individual homeowner.
7. Modifications
The Manufacturer reserves the right to make changes in design and/or materials
in its Products without being obligated to incorporate such changes in any Products
of prior manufacture, and to make changes in any time and design, materials or
parts, without obligation or liability to owners of similar or the same model
of prior manufacture. 8. Severability Nothing contained herein shall be construed
as to require the commission of any act contrary to law, and wherever there is
any conflict between any provision of this Limited Warranty, and any statute,
law, ordinance or regulation contrary thereto, the latter shall prevail; provided,
however, that the provision of this Limited Warranty which is affected, shall
be curtailed and limited only to the extent necessary to bring it within the requirements
of the law.
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