Limited Warranty
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InnoDeck Limited Warranty This warranty is given to the original purchaser (“Purchaser”) of InnoDeck Decking and Railing Systems and DIY Tiles (“InnoDeck Products”). Innotech, LLC (“InnoTech”) warrants to Purchaser that for twenty-five (25) years (Residential) or ten (10) years (Commercial) from the date of original purchase, under normal use and service conditions, InnoDeck Products will be free from material defects in workmanship and materials, and will not split, splinter, rot, or suffer structural damage from termites or fungal decay. For the purposes of this warranty, “residential” shall refer to an installation of InnoDeck Products on an individual residence and “commercial” shall refer to any installation of InnoDeck Products other on an individual residence. All warranties are subject to the exclusions, limitations, and restrictions set forth below. Notification
It is a condition of this warranty that if Purchaser discovers a defect in InnoDeck Products during the warranty term, Purchaser must notify InnoTech in writing within thirty (30) days after discovering the claimed defect, but no later than the end of the warranty term, and prior to beginning any repair or alteration to InnoDeck Products. Written notification must be sent to: InnoTech Purchaser must include in this notification (1) proof of purchase, (2) a statement explaining the defect, (3) installer information, and (4) pictures of the defect. InnoTech may request additional information. After reviewing all information, InnoTech will make a determination regarding the validity of such claim. If InnoTech determines that Purchaser’s claim is valid, InnoTech will, at its option, either replace the defective InnoDeck Products or refund the portion of the purchase price paid by Purchaser for such defective InnoDeck 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 InnoTech is providing replacement materials, it may elect to replace the percentage listed below of boards otherwise meeting the requirements for a claim; if InnoTech 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.
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This warranty shall not cover, and InnoTech shall not be responsible for, costs and expenses incurred with respect to the removal of the defective InnoDeck 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.Exclusions from Warranty InnoTech 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 InnoDeck Products and/or failure to abide by InnoDeck Products’s installation guidelines, including but not limited to improper gapping or painting; (2) use of InnoDeck Products beyond normal use, or in an application not recommended by the InnoDeck Products installation guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the InnoDeck 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 InnoDeck 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 InnoDeck Products by Purchaser or third parties; (8) any fasteners not supplied by InnoTech; or (9) ordinary wear and tear.Limitations This warranty is nontransferable and non-assignable. No person or entity is authorized by InnoTech to make and InnoTech shall not be bound by any statement or representation as to the quality or performance of InnoDeck Products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by InnoTech or Purchaser.INNOTECH’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL INNOTECH 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. INNOTECH’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. |