| SYNBOARD TEN YEAR LIMITED WARRANTY Subject to the terms, conditions and limitations stated herein, Builder's Lumber Co., Inc. ("BSL") warrants to the structure owner that Synboard (the "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 Ten (10) years from the date of original purchase (the "Warranty Period"). Any claim made under this Limited Warranty must be in writing to BSL and ma in 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. BSL must be given a Thirty (30) day opportunity to inspect the Product claimed to have a Covered Defect. If after inspection, BSL determines that such Product has a Covered Defect, then BLS will, in its sole and absolute 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: Builders' Supply & Lumber Co., Inc. This Limited Warranty applies and is effective only if the Product is subject normal use and exposure, is stored, handled, applied, installed, finished and periodically maintained, including repainting, 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) failure to notify BSL of a claimed Covered Defect when and as required herein; (6)failure to allow BSL to inspect a claimed Covered Defect prior to making alterations as required herein; (7) failure to paint the Product when installed as required by the applicable paint manufacturer's specifications; (8) failure to periodically repaint the Product when and as required by the applicable paint manufacturer's specifications; or (9) failure to notify BSL of a claimed Covered Defect prior to the expirations of Warranty Period. All times stated in this Limited Warranty shall be of the essence. BSL LIMITS ITS OBLIGATIONS UNDER THE LIMITED WARRANTY TO THE REMEDY SET FORTH HEREIN. THE LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE AND ALL OTHER OBLIGATIONS OR LIABILITIES ON BSL'S PART, AND BSL NEITHER ASSUMES, NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR BSL (INCLUDING ANY DISTRIBUTOR, BUILDER OR INSTALLER), ANY OTHER OBLIGATION OR LIABILITY IN CONNECTION WITH THE SALE, INSTALLATION, OR USE OF THE PRODUCT. BSL MAKES NQ WARRANTY WITH RESPECT TO INSTALLATION OF THE PRODUCT BY ANY BUILDER, BUILDER'S CONTRACTORS OR BY ANY OTHER INSTALLER. BSL'S LIABILITY, WHETHER IN CONTRACT, IN TORT OR OTHERWISE IS LIMITED TO THE REMEDY PROVIDED IN THIS LIMITED WARRANTY. UNDER NO CIRCUMSTANCES WILL BSL 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. |