1. What the limited warranty covers and for how long
a) Seller warrants that the Product will be free from non-conformities in material and workmanship for a period of 4 years (“Warranty Period”) from the date the Product was originally purchased from the Seller or an authorized dealer.
b) Product is Water resistant, humidity resistant, termite resistant, peel proof finish;
c) Product is ideal for indoor use only, if product is installed outdoors may fade or discolour.
2. WHAT THE LIMITED WARRANTY DOES NOT COVER
a) Generally
This Limited Warranty provided herein covers only those manufacturing and material non-conformities, as specified above, and does not include non-conformities or damages attributable to or arising from any other cause, including, but not limited to, Product:
i) used for purposes for which it is not designed or intended by Seller, or that exceed design(s) test evaluation, as specified by Seller in its product literature, installation instruction, or as otherwise was known or should reasonably have been known by the Warranty Holder or its architect, contractor, or building agents;
ii) which has been subjected to misuse, vandalism, abuse, negligence, or accident;
iii) which have been improperly stored, installed, maintained, or operated;
iv) which have been stored, installed, maintained, painted, stained or cleaned or used in violation of, or inconsistent with, written instructions provided by Seller to Warranty Holder or generally available in Seller’s product literature;
v) which have been subjected to improper temperature, humidity, fire, flood, acts of God, including but not limited to, stresses, winds, debris, or other environmental conditions;
vi) which have been affected by normal or abnormal wear and tear; vii) which have been used in a manner which results in a load bearing application in violation of, or inconsistent with, the Seller’s specifications or installation instructions for the Product, or as otherwise known or should reasonably have been known by the Warranty Holder, or its architect, contractor, or building agents;
viii) which has been abused by harmful fumes, vapors, solvents, chemicals or chemical pollutants in the atmosphere;
ix) which has been adversely affected as a result of building settlement or structural failures of walls or foundations of the premises on or in which the Product is affixed or installed; x) which have been removed after the original installation and reinstalled;
b) Improper finishing or installation void the limited warranty; maintenance should be timely
The Limited Warranty will be void if the Products are not installed in accordance with Seller’s published instructions, including without limitation, the proper used of glue, touch-up problems, and non-corrosive fasteners in combination with recommended adhesive. Proper use of glue and adhesives is crucial to correct installation. Any touch-up type product should be tested on sample to be sure it doesn’t remove or blemish the finish due to a solvant base.
The Products should never be installed with fasteners that are susceptible to corrosion. Damage that occurs during installation is not covered by the Limited Warranty, but dents, gashes, cut surfaces, or other damage should be promptly addressed by the installer in accordance with Seller’s published instructions, which includes directions on the used of wood filler, automotive filler, adhesive, putty, and caulk. The Products should not be stored or installed in an area subject to solar temperature buildup or localized heat (such as might occur if the Product were placed behind a storm door). Pre-installation acclimation to the installation area may be required.
c) Published product materials must be reviewed
PRIOR TO PURCHASE, INSTALLATION (INCLUDING WITHOUT LIMITATION PRE-INSTALLATION STORAGE, PRIMING, FINISHING, STAINING AND PAINTING), USE AND MAINTENANCE OF THE PRODUCT, WARRANTY HOLDER AND ITS ARCHITECT, CONTRACTOR, AND/OR BUILDING AGENTS SHOULD REVIEW SELLER’S PUBLISHED PRODUCT SPECIFICATION (INCLUDING WITHOUT LIMITATION THE PRODUCT MANUAL) AND INFORMATION INDICATING WHICH PRODUCTS ARE SUITABLE FOR INTERIOR AND/OR EXTERIOR USE, AND WHETHER OR NOT THE PRODUCTS ARE SUITABLE FOR, AND THE XTENT OF, LOAD BEARING CAPACITY, AND SELLER’S INSTALLATION, USE AND MAINTENANCE INSTRUCTIONS FOR THE PRODUCT. THIS INFORMATION ACCOMPANIES THE PRODUCT AND/OR IS AVAILABLE UPON REQUEST FROM THE SELLER. FAILURE TO FOLLOW THESE INSTRUCTIONS AND INFORMATION WILL VOID THE PRODUCT’S LIMITED WARRANTY.
d) Special environmental conditions and fire resistance are not covered by the limited warranty
This Limited Warranty does not cover damage attributable or caused by acts of God that include but are not limited to, stresses, winds, debris and other conditions that exceed design(s) as test evaluated and referenced in Seller’s published Product materials and installation. The Products have not been specifically formulated for fire resistance nor tested by any official independent laboratory.
3. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY
In the event of a non-conformity in workmanship or materials in the Product or one or more components of the Products as specified in this Limited Warranty the sole obligation of the Seller is, at its sole option, to either:
a) provide replacement Product or component(s) to you or the Seller’s dealer you designate (color matching not guaranteed); or
b) refund the purchase price of the Product or component(s) at the time the Product or component(s) was installed (the lesser of the original Product purchase price or the original catalog list price), Replaced Product or components are individually warranted only under the same terms and for the remaining balance of the Warranty Period applicable to that Product or component(s) which is replaced. THIS IS YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY.
By way of example but not limitation, the following costs and expenses are not covered by the provisions of this Limited Warranty:
i) labor costs for the removal, reinstallation or refinishing of Products, (or of other building materials which must be removed, reinstalled or refinished in order to repair or replace the non-conforming Products;
ii) shipping and freight expenses required to return Products to Seller;
iii) normal maintenance; and
iv) consequential, special, or indirect losses or damages of any kind;
4. DISCLAIMER OF OTHER WARRANTIES
THE FOREGOING LIMITED WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, WHETHER EXPRESS OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, ANY SUCH WARRANTIES ARE LIMITED TO THE DURATION PROVIDED BY THAT LAW. SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5. LIMITATION OF LIABILITY
SELLER’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY SHALL BE REPLACEMENT, OR REFUND OF THE PURCHASE AS SET FORTH ABOVE. IN NO EVENT, WILL SELLER OR ITS AFFILIATES BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, ECONOMIC, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE OF ANY KIND TO A RESIDENCE OR BUILDING, LABOR COSTS OF ANY KIND, REMOVAL, REINSTALLATION, REFINISHING, LOSS OF USE OF THE PRODUCTS, COSTS OF TEMPORARY OR PERMANENT RELOCATION OF PERSONS OR PROPERTY, LOSS OF PROFITS OR REVENUE, INTEREST, LOST GOODWILL, WORK STORAGE, IMPAIRMENT OF OTHER GOODS, LOSS BY REASON OF SHUTDOWN, DOWNTIME, OR NON-OPERATION, INCREASED EXPENSES OF OPERATION, CLAIMS OF EMOTIONAL DISTRESS, COST OF SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES, OR CLAIMS OF WARRANTY HOLDER’S CUSTOMERS FOR SUCH DAMAGES, WHETHER BASED ON CONTRACT, WARRANTY, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY OR NEGLIGENCE) OR OTHERWISE EVENT IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. EVEN IF THIS LIMITED WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SELLER’S ENTIRE LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT WARRANTED HEREUNDER, OR THE NON-CONFORMING PORTION THEREOF, WHICHEVER IS THE LESSER AMOUNT.
6. CLAIMS
Claims under this Limited Warranty must be initiated during the Warranty Period and shall be governed by the laws of the province of Quebec. The Warranty Holder shall take all proceedings in the court of province of Quebec. Claimant will be required to provide the necessary proof of purchase of the Product and may be required to return the Product or component to Seller (at Claimant’s expense).
7. PRODUCT CHANGES
Seller reserves the right to discontinue or change any Product it manufactures or sources. If the Product or component of the Product originally installed is not available and Seller elects to provide a replacement, Seller shall have the right to substitute such Products or component with a Product or component designated by Seller, at its sole option, to be of equal quality and price.
Seller:
CORPORATE HEAD OFFICE DECO MOULURES INC.
8600, place d’Upton
Montréal (Québec)
H1J 1E3
