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WARRANTY
Subject to the
terms, conditions and limitations stated herein, SYNBOARD
AMERICA ("SYNBOARD AMERICA") warrants to the structure owner
that SYNBOARD ("Product") will be free from manufacturing
defects which cause the Product to rot, delaminate or
excessively swell (the "Covered Defects") during the
applicable Warranty Period (the "Limited Warranty"). This
Limited Warranty shall be effective for a period of Twenty
Five (25) years from the date of original purchase (the
"Warranty Period").
Any claim made under this
Limited Warranty must be in writing to SYNBOARD AMERICA and
made within Ninety (90) days after a Covered Defect is
discovered (or should have been discovered) and before any
alterations are made and expiration of the Warranty Period.
SYNBOARD AMERICA must be given a Thirty (30) day opportunity
to inspect the Product claimed to have a Covered Defect. If
after inspection, SYNBOARD AMERICA determines that such
Product has a Covered Defect, then SYNBOARD AMERICA will, in
its sole discretion, either: (1) repair or replace the Product
affected by a Covered Defect; or (2) refund to the owner the
reasonable cost to repair or replace the Product affected by a
Covered Defect, including material and labor, provided in no
event shall such cost exceed twice the Purchaser’s original
purchase price of such Product so affected (the "Remedy").
Claims made under this Limited Warranty must be made to:
SYNBOARD AMERICA
3302 Ballenger Creek Pike
Frederick, Maryland 21703
Attention: SYNBOARD Warranty
Manager
This Limited
Warranty applies and is effective only if the Product is
subjected to normal use and exposure, is stored, handled,
applied, installed, finished and periodically maintained, in
accordance with the manufacturer’s specifications and standard
building practices. This Limited Warranty shall automatically
become Null and Void for any of the following reasons: (1)
abuse; (2) neglect; (3) accident; (4) improper installation or
application; (5) painting the Product a dark color: (6) failure to notify SYNBOARD AMERICA of a
claimed Covered Defect when and as required herein; (7)
failure to notify SYNBOARD AMERICA of a claimed Covered Defect
prior to the expiration of Warranty Period. All times stated
in this Limited Warranty shall be of the essence.
SYNBOARD
AMERICA LIMITS ITS OBLIGATIONS UNDER THE LIMITED WARRANTY TO
THE REMEDY SET FORTH HEREIN. THE LIMITED WARRANTY IS IN LIEU
OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE
WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR
PURPOSE OF ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE
AND ALL OTHER OBLIGATIONS OR LIABILITIES ON SYNBOARD AMERICA’S
PART. SYNBOARD AMERICA NEITHER ASSUMES, NOR AUTHORIZES ANY
OTHER PERSON TO ASSUME FOR SYNBOARD AMERICA (INCLUDING ANY
DISTRIBUTOR, BUILDER OR INSTALLER), ANY OTHER OBLIGATION OR
LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, OR USE OF
THE PRODUCT. SYNBOARD AMERICA MAKES NO WARRANTY WITH RESPECT
TO INSTALLATION OF THE PRODUCT BY ANY BUILDER, BUILDER’S
CONTRACTORS OR BY ANY OTHER INSTALLER. SYNBOARD AMERICA
LIABILITY, WHETHER IN CONTRACT, OR IN TORT OR OTHERWISE IS
LIMITED TO THE REMEDY PROVIDED IN THIS LIMITED WARRANTY. UNDER
NO CIRCUMSTANCES will SYNBOARD AMERICA BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE RESULTING
FROM THE USE OF THE PRODUCT.
Some states do
not allow the exclusion of or limitation of special,
incidental or consequential damages, so the above limitation
may not apply to you. This Limited Warranty gives you specific
legal rights, and you may also have other rights which vary
from State to State.
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