Warranty Guide
3. UNDER NO CIRCUMSTANCES WILL GP BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE OF THE PRODUCT, COST OF SUBSTITUTE PRODUCTS
OR DAMAGE TO PROPERTY, ARISING OUT OF THE PURCHASE OR USE OF DENSSHIELD. THIS LIMITATION OF LIABILITY APPLIES TO
ANY CLAIM ASSERTED BY THE QUALIFIED PURCHASER, WHETHER ASSERTED AS BREACH OF WARRANTY, BREACH OF CONTRACT,
NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY. 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.
4. The foregoing warranties are non-transferable and do not apply to any subsequent purchaser of DensShield or any subsequent owner
of a structure. These warranties are not for the benefit of any third parties.
5. This is the entire warranty between GP and the Qualified Purchaser with respect to DensShield manufactured during the Effective Period
and supersedes all prior and contemporaneous agreements, representations, warranties or understandings, whether oral or written, relating
to DensShield manufactured during the Effective Period.
6. The provisions of this Limited Warranty are severable. If any provision of the Limited Warranty is determined by an arbitrator or court
to be unenforceable for any reason, then the unenforceable provision shall be struck, and the other provisions of this Limited Warranty shall
remain in full force and effect.
7. This Limited Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
8. ARBITRATION AGREEMENT. PLEASE READ THIS DOCUMENT CAREFULLY. IT AFFECTS LEGAL RIGHTS BY REQUIRING BINDING
ARBITRATION, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY.
(a) Mandatory Arbitration of Claims. EXCEPT FOR DISPUTES OF $10,000 OR LESS, WHICH MAY BE FILED IN SMALL CLAIMS COURT OR
ITS EQUIVALENT, ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY OR THE PRODUCTS
COVERED BY THIS LIMITED WARRANTY (WHETHER BASED IN CONTRACT, INDEMNITY, STATUTE, REGULATION, TORT OR OTHER
LEGAL OR EQUITABLE THEORY) (A “DISPUTE”) SHALL BE FINALLY RESOLVED BY ARBITRATION IN ACCORDANCE WITH THE
INTERNATIONAL INSTITUTE FOR CONFLICT PREVENTION AND RESOLUTION (“CPR”) RULES FOR NON-ADMINISTERED ARBITRATION
CURRENTLY IN EFFECT (“CPR RULES”). THAT MEANS A NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE ANY DISPUTE.
(b) Arbitration Rules. The CPR Rules are available at www.cpradr.org. Notices to initiate arbitration should be sent to CPR in accordance
with the CPR Rules with a copy addressed to: GP Gypsum LLC, 133 Peachtree Street N.E., 8th Floor, Atlanta, GA 30303, Attn: Quality
Manager. Alternatively, you may request that GP initiate the arbitration of a Dispute with CPR by providing written notice of such request
to GP at the address above. Any such notice shall describe the nature and basis of the Dispute and the specific relief sought. Except as
otherwise noted below for Consumers, the seat of the arbitration shall be Atlanta, Georgia; provided, if the relief sought is less than
$10,000, you may elect that the arbitration be conducted in person, by phone or on written submissions. The arbitrator shall apply the
law of the State of Georgia without reference to choice of law rules, which shall also govern the interpretation and enforcement of this
Limited Warranty. The arbitrator shall have the authority to decide issues concerning the scope and enforceability of this arbitration
provision, including the arbitrability of any Dispute, and may only award such relief as a court of competent jurisdiction could award.
The arbitration shall be governed by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), and judgment upon the award rendered by the
arbitrator may be entered in any court having jurisdiction.
(c) Additional Terms for Consumers. The following additional terms apply solely to any individual consumer who is not a builder,
contractor, distributor or other person engaged in the commercial installation or resale of the covered product (a “Consumer”). The
arbitration will be conducted by a sole arbitrator and will take place in the county where the Consumer resides. GP will pay all arbitration
filing fees and arbitrator costs for arbitration with a Consumer, and the Consumer shall not be required to reimburse GP for such fees
and costs unless the arbitrator determines that the Dispute was frivolous. The Consumer will be responsible for all additional costs that
he or she incurs in the arbitration, including, but not limited to, attorneys’ fees (if represented by an attorney) and expert witness fees;
provided, GP will pay all fees and costs that it is required by applicable law to pay, including payment of attorneys fees and costs
required by applicable law. If the arbitration award for a Consumer is greater than GP’s last settlement offer, GP will pay the award
amount plus a reasonable attorney’s fee up to the lesser of three times the award or $7,500 (US).
(d) Class Action Waiver. ALL PARTIES TO THE ARBITRATION MUST BE INDIVIDUALLY NAMED, AND THERE WILL BE NO RIGHT OR
AUTHORITY FOR ANY DISPUTES TO BE ARBITRATED ON A CLASS, REPRESENTATIVE OR CONSOLIDATED BASIS. YOU MAY NOT
PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION AGAINST GP AS A CLASS MEMBER IF THE CLASS ACTION ASSERTS CLAIMS
THAT WOULD FALL WITHIN THE SCOPE OF THIS PARAGRAPH 8. If this class action waiver is found to be unenforceable by any court
or arbitrator, then the entire arbitration agreement set forth in this Paragraph 8 will not apply to any Dispute between you and GP.
(e) Jury Trial Waiver. If for any reason the arbitration agreement in this Paragraph 8 is found to be unenforceable, you and GP each
expressly and knowingly WAIVE THE RIGHT TO TRIAL BY JURY OF ANY CLAIM.
(f) Opt-Out Rights. Notwithstanding any contrary provision of this Limited Warranty, GP reserves the right to opt out of mandatory
arbitration if named in a lawsuit by a third party that is a defendant brought by a Qualified Purchaser and to require that all related
disputes governed by this Limited Warranty be resolved in such lawsuit.
Lifetime Limited Warranty
(Residential)
(continued from front)
DENSSHIELD and the GEORGIA-PACIFIC logo are
trademarks owned by or licensed to GP Gypsum.
©2018 GP Gypsum. All rights reserved.
Rev 1/18 GP-TM Lit. Item #532286.
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