5 year Limited Warranty
Statement of Warranty: This warranty is given to either (1) the original purchaser or (2) the owner(s) of the property at the time of installation, if different from the original purchaser (collectively hereinafter “Purchaser”) of TimberTech or AZEK Lighting Products (“Lighting Products”) manufactured by CPG International LLC (hereinafter “Manufacturer”).
Manufacturer warrants to Purchaser that for a period of five (5) years from the date of original consumer purchase (the “Term”), the Lighting Products will be free from defects in material and workmanship that (1) occur as a direct result of the manufacturing process, (2) occur under normal use and service, (3) occur during the warranty period and (4) result in the Lighting Products failing to operate normally.
All warranties are subject to the exclusions, limitations and restrictions set forth below.
Obtaining Warranty Performance: If Purchaser discovers a defect in the CPG Building Products Lighting Products during the Term, Purchaser must, within thirty (30) days from the discovery of the alleged defect but no later than the end of the Term, notify Manufacturer of a warranty claim using either TimberTech’s or AZEK’s online warranty claim form process available at the Warranty Claim Center. Alternatively, Purchaser may submit a claim by contacting the Manufacturer at the following address:
CPG Building Products LLC
894 Prairie Avenue
Wilmington, Ohio 45177
Attn: Claims Department
Purchaser must include in this notification proof of purchase and a statement explaining the defect. Manufacturer may request additional information. After reviewing all information, Manufacturer will make a determination regarding the validity of such claim. If Manufacturer determines that Purchaser’s claim is valid, Manufacturer will, at its option, either replace the defective Lighting Products or refund the portion of the purchase price paid by Purchaser for such defective Lighting Products (not including the cost of its initial installation). If Manufacturer determines Purchaser’s claim is valid, Manufacturer will, at its option, either replace the defective Products or refund the portion of the purchase price paid by Purchaser for such defective Products (not including the cost of its initial installation). Replacement material will be provided that is as close as possible in color, design and quality as the replaced material, but Manufacturer does not guarantee an exact match as colors and design may change. In the event of repair or replacement, the original warranty shall apply to the repaired or replaced portion of the Products and will extend for the balance of the warranty period in effect at the time the material proved defective. This warranty shall not cover, and Manufacturer shall not be responsible for, costs and expenses incurred with respect to the removal of the defective Lighting 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.
Transfer of Warranty: This warranty may be transferred one (1) time within the Term to a subsequent buyer of the property upon which the Lighting Products were originally installed. Transfer of this warranty does not extend the Term
of the warranty.
Exclusions from Warranty Coverage: Manufacturer does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any damage or loss attributable to: (1) improper installation of Lighting Products and/or failure to abide by the Manufacturer’s Installation Guidelines; (2) use of Lighting Products in an application not recommended by the Manufacturer’s Installation Guidelines (including, but not limited to, immersion or submersion of the Lighting Products in water) and local building codes; (3) any act of God (such as flooding, hurricane, earthquake, lightning (or other incidences of excessive voltage), natural disaster, etc.), environmental condition (such as air pollution, mold, mildew, etc.), or staining from foreign substances (such as dirt, grease, oil, etc.); (4) variations or changes in color of lighting; (5) 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; (6) improper handling, storage, abuse or neglect of Lighting Products by Purchaser, the transferee or third parties; (7) use in harsh industrial or marine environments; or (8) use of any fasteners with the Lighting Products which were not supplied by TimberTech or AZEK.
Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of Lighting Products in connection with their use in any particular application.
Disclaimer of Warranties: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, CPG BUILDING PRODUCTS MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER 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 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.
Limitations of remedies and exclusion of consequential and incidental damages: CPG BUILDING PRODUCTS’ LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL CPG BUILDING 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. CPG BUILDING 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.
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.
Miscellaneous: 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. This limited warranty may not be altered or amended except in a written instrument signed by Manufacturer and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and CPG Building Products shall not be bound by any such statements other than those contained in this warranty.
This warranty is effective for purchases made on or after January 1, 2016.
Copyright © 2016 CPG Building Products LLC