Statement of Warranty: This warranty covers Superior & Ultimate Range of Fencing , etc for a Lifetime from the date of the original purchase, under normal use and service conditions: The decking/wall cladding, etc. Materials will be free from material defects in workmanship and materials, and will not check, split, splinter, rot or suffer structure damage from termites or fungal decay.
All warranties are subject to the exclusions, limitations and restrictions set forth below. Obtaining Warranty Performance: If Purchaser discovers a defect in the Superior or Ultimate Fencing Range, etc. during the Term, Purchaser must, with thirty (30) days from the discovery of the alleged defect but no later than the end of the Term, notify eComposite Products in writing.
Purchaser must include in this notification proof of purchase and a statement explaining the defect. eComposite may request additional information.
After reviewing all information, eComposite will make a determination regarding the validity of such claim. If eComposite determines that Purchaser’s claim is valid, eComposite will, at its option, either replace the defective Superior or Ultimate Range, etc or refund the portion of the purchase paid by purchaser for such defective Superior or Ultimate Range, etc. (not including the cost of it’s initial installation). This warranty shall not cover, and eComposite Products shall not be responsible for, costs and expenses incurred with respect to the removal of the defective Superior or Ultimate Range or the installation of replacement material, including but not limited to, labour and freight.
The forgoing 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 three (3) year period beginning from the date of original purchase by Purchaser, to be subsequent buyer of the property upon which the Superior or Ultimate Range, etc were originally installed.
Exclusions from Warranty Coverage: eComposite Products does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damage attributable to:
(1) Improper installation of the Superior or Ultimate Range, etc. and/or failure to abide by eComposite Products installation guidelines, including but not limited to improper gapping.
(2) Use of the Superior or Ultimate Range beyond normal residential use, or in an application not recommended by eComposite Product guidelines and local building codes.
(3) Movement, distortion, collapse or setting of the ground or the supporting structure on which the Ultimate Range, etc. are installed.
(4) Any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mould, mildew, etc.), or staining from foreign substances (such as dirt, grease, oil, etc.).
(5) Variations or changes in color of the eComposite Product, etc..
(6) Normal weather due to exposure to sunlight, weather and atmosphere which can cause coloured surfaces to, among other things, flake, chalk, or accumulate dirt or stains.
(7) Improper handling, storage, abuse or neglect of the eComposite Products, etc. by purchaser, the transferee or third parties. Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the eComposite Products, etc. in connection with their use in any particular application.
Disclaimer of Warranties: Except for the express written warranty contained herein, eComposite Products makes no other warranties, guarantees or indemnities, weather 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 exclude from this transaction.
Limitation of Remedies and Exclusion of Consequential and Incidental Damages:
eComposite Products liabilities are limited solely and exclusively to the obligations specifically undertaken herein, and under no circumstances will eComposite Products 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. eComposite Products 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.
Miscellaneous: This writing is understood and intended to be final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect there to, superseding all prior agreement 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 instruction signed by eComposite Products and Purchaser or permitted transferee. No agent, employee or any other party is authorised to make any warranty in addition to that made in this agreement and eComposite shall not be bound by any such statements other than those contained in this warranty. This warranty is effective for Purchaser made on or after May 1st, 2018.