What is Covered By This Limited Warranty? Manufacturer warrants to the original consumer purchaser that Lumberock products are free from defects as a result of manufacturing and meet the physical properties published at the time of purchase.
What Manufacturer Will Do To Remedy Defects? If such a defect appears, Manufacturer will, at its option, supply replacement product (but not the labor cost, freight, taxes or other expenses associated with de-installation and re-installation), or repair the product, or adjust the product, or refund the original purchase price; provided, Buyer must notify Manufacturer in writing within thirty (30) days after the appearance of the defect.
How To File A Warranty Claim? Send a brief written explanation of the defect, along with dated proof of purchase to Engineered Plastic Systems, LLC, 885 Church Road, Elgin, IL 60123, USA. Manufacturer reserves the right to request additional information, including, but not limited to, photos, original design documents and field inspections.
What Is Not Covered By This Limited Warranty? Manufacturer does not warrant the design or the engineering of specific structures. Each purchaser is solely responsible for determining the effectiveness, suitability, compliance with applicable codes and standards, and safety for the use of Lumberock and Bear Board. Manufacturer does not warranty any related materials used in the application of the Lumberock and Bear Board products, including, but not limited to, sub-structure or fasteners the product is affixed to or with. This Limited Warranty does not cover product failure, product malfunction or any damages resulting from: (i) abnormal use; (ii) abuse; (iii) accidents; (iv) acts of God; (v) fire; (vi) flood; (vii) hurricane; (viii) intentional acts; (ix) lightning; (x) normal weathering and wear and tear; (xi) tornado; (xii) improper or unreasonable use; (xiii) violent storms; (xiv) wind;(xv) acid rain; (xvi) acts causing surface abrasions, scratches or holes; (xvii) airborne stains; (xviii) alteration or modification of the product; (xix) damage resulting from settlement or shifting of or defects in adjoining surfaces or structural members to which the product is installed or attached; (xx) design or engineering services utilized in the selection, installation and use of the product in specific applications; (xxi) excessive loads; (xxii) exposure to harmful chemicals; (xxiii) exposure to de-icing material; (xxiv) harmful vapors; (xxv) impact of foreign objects; (xxvi) incompatible chemicals; (xxvii) pollutants;(xxviii) incompatible soils; (xxix) corrosion, including but not limited to, galvanic corrosion; (xxx) improper installation; (xxxi) improper or insufficient maintenance.
LIMITATION OF REMEDIES AND EXCLUSIONS OF CONSEQUENTIAL AND INCIDENTAL DAMAGES. MANUFACTURER’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL MANUFACTUTER 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 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, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE MANUFACTURER INCURRED IN ANY SUCH WARRANTY CLAIM, ACTION OR PROCEEDING MADE WITH RESPECT TO NONCONFORMING OR DEFECTIVE PRODUCTS EXCEED MANUFACTURER’S COST FOR SUCH PRODUCTS.
Some States do not allow the exclusion of incidental or consequential damages, so the above limitation may not apply to you.
MERGER CLAUSE – ORAL STATEMENTS NOT BINDING: 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. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement.
DISCLAIMER OF WARRANTIES: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, MANUFACTURER MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMIPLIED, 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. Some States do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights which vary from State to State. This agreement shall be governed by and construed in accordance with the laws of the State of Illinois.
Engineered Plastic Systems, LLC
885 Church Road, Elgin, IL 60123 USA Phone 800-480-2327