Original Owner’s Limited Lifetime: Non pro-rated Product Warranty
Fendeck’s PVC fencing products are manufactured using quality raw materials and are produced with engineering excellence designed for years of maintenance-free performance. Fendeck warrants that these products will be free from defects in materials and manufacturing workmanship for the lifetime of the original owner of the property on which the products were originally installed. When properly installed and used under normal conditions, these products will not peel, rot, blister, rust, flake, chip, crack, corrode, pit, abnormally discolour or be consumed by termites, solely because of defects in material, manufacturing, or exposure to salt spray from ocean air. If any product is determined by Fendeck to be defective, Fendeck will, at its sole option, repair or replace the product or refund the purchase price in accordance with the claims and remedies provisions set forth below. In the event of repair or replacement of a defective product, the Warranty shall apply to the repaired or replaced product for the balance of the Warranty period.
This Warranty is made exclusively to the named property owner who is the original purchaser of Fendeck products for (a) the full lifetime period (i.e. until death) of the purchaser in the event that the purchaser remains as owner and primary occupant of the residence on which the products were originally installed on an uninterrupted basis, or (b) 30 years (non pro-rated) from the starting date of the original installation in the event that the original property owner/purchaser should no longer be the fulltime resident for any reason. The lifetime feature of the Warranty is intended to apply to individual homeowners only. Products purchased for commercial use or purchased by, or installed upon property owned by, corporations, government agencies, partnerships, trusts, religious organizations, schools, condominiums or cooperative housing associations, or installed on apartment buildings or any other type of building or premises not used by individual homeowners as their residences, are warranted for thirty (30) years from the starting date of the original installation of the products.
Conditions Not Covered By This Warranty
This Warranty covers only the specified damages arising solely from defects in the manufacture of Fendeck fencing products. It does not provide protection against any failure, defect or damage caused by situations and events beyond normal exposure conditions, including, but not limited to: faulty or improper fabrication or installation; movement, distortion, collapse or settling of the ground or structure or failure of the structure (including foundations and walls) on which the products are installed; negligence, accidental or intentional acts of damage, misuse, abuse, improper or failure to provide reasonable and necessary care of the product; normal and uniform weathering of the surface, normal chalking and fading, underground water, weather extremes, mold, mildew, harmful chemicals, vapors or acid rain, or atmospheric pollution; impact of foreign objects, fire, wind, flood, lightning, earthquake, hail or other acts of God; or, the installation of accessory components or competitive products which are incompatible with Fendeck products.This Warranty covers only unpainted products and is void if any paint, stain, varnish, sealer or other finish has been applied to the products.
Normal weathering will occur, as exposure to ultraviolet light and extremes of weather and atmosphere causes any surface to experience gradual and uniform appearance changes such as chalking, fading, or accumulating dirt or stains. Degrees of weathering vary depending on geographical location, air pollution, exposure and other factors.Fendeck warrants that its products will “weather” in a uniform manner consistent with the weathering standards established in ASTM Specification F 964.Any weathering change that occurs on a specific exposed face of the product in a manner that varies from panel to panel producing an uneven look will be considered a defect. Color or gloss disparities arising from products having been installed in different years or involving the installation of accessories or competitive products which are incompatible with Fendeck products will not be considered a defect.
Fendeck’s Post and Rail fencing profiles are engineered for superior durability and years of maintenance-free performance and are suitable for the containment of livestock. However, these products are not designed to withstand the physical abuse inflicted by aggressive or spirited animals determined to break through the fence. Products damaged by contained livestock will be evaluated for impact performance in compliance with the testing protocol set forth in ASTM Specification F 964, subsection 6.3. Products found to be in compliance with this performance standard will not be eligible for repair or replacement under this Warranty.
Claims And Remedies
ALL CLAIMS UNDER THIS WARRANTY MUST BE REPORTED IN WRITING WITHIN THIRTY (30) DAYS OF THE DATE THAT THE DEFECT IS FIRST DISCOVERED OR REASONABLY COULD HAVE BEEN DISCOVERED.
This notice should include your name and address, the starting date of the original installation of the products, a copy of your original invoice or bill of sale confirming that the products were manufactured by Fendeck, and photographs of the claimed defective products if helpful. Fendeck must have a reasonable opportunity to inspect the product before repairs are begun. If your product contains manufacturing defects covered by this Warranty, Fendeck will, at its option, repair or replace the defective product, at a cost not to exceed the original purchase price of the product, or refund the original purchase price of the defective product.The Warranty period shall not be extended by any such repair, replacement, or refund settlements. Fendeck will not be liable for labour charges or other costs or expenses in connection with the repair, removal or installation of the original or replacement product. Fendeck may direct and pay a company, dealer, contractor, applicator or distributor to perform any remedy under this Warranty on Fendeck’s behalf. Fendeck will make a reasonable effort to complete all repair or replacement work within 180 days after notice is received unless adverse weather conditions prevent repair or replacement from being completed within that period.
FENDECK RESERVES THE RIGHT TO DISCONTINUE OR MAKE CHANGES IN ANY OF ITS PRODUCTS. IF THE PRODUCTS COVERED BY THIS WARRANTY ARE NOT AVAILABLE, FENDECK SHALL HAVE THE RIGHT TO SUBSTITUTE A PRODUCT THAT IN FENDECK’S SOLE DISCRETION IS OF EQUAL QUALITY OR VALUE. EXCEPT AS HEREIN STATED,FENDECK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WITHOUT LIMITATION,WARRANTIES AS TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY OTHER MATTER,AND IN NO EVENT SHALL FENDECK BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WITH RESPECT TO THE PRODUCTS COVERED BY THIS WARRANTY.NOT WITHSTANDNG ANY OTHER TERMS OR CONDITIONS HEREIN, IN NO EVENT SHALL FENDECK’S LIABILITY TO ANY PROPERTY OWNER, SUPPLIER, DISTRIBUTOR, CONTRACTOR OR CONSUMER EXCEED THE REPAIR OR REPLACEMENT OF DEFECTIVE PARTS COVERED BY THIS WARRANTY,AT A COST NOT TO EXCEED THE ORIGINAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT,OR THE REFUND OF THE ORIGINAL PURCHASE PRICE OF THE DEFECTIVE PRODUCT,AT THE SOLE DISCRETION OF FENDECK.THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF ANY PROPERTY OWNER, SUPPLIER, DISTRIBUTOR, CONTACTOR OR CONSUMER,WHETHER THEIR CLAIMS ARISE OUT OF BREACH OF CONTRACT,WARRANTY, OR THE SOLE OR JOINT NEGLIGENCE OF FENDECK, OR RESULT IN DAMAGES INCLUDING, BUT NOT LIMITED TO EXEMPLARY, PUNITIVE,ATTORNEY’S FEES, INTEREST OR COSTS.