Warranty

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 Damage to the membrane or building structure as a result of natural disasters including, but not limited to, lightning, flood,
hurricane, tornado, earthquake, fire, or circumstances deemed to be an Act of God.
 Any structural defects in the foundation, walls or footings of the building structure that allow moisture to enter above the
Product after the initial installation.
This warranty shall not apply to any vapour moisture condition which is covered by new home warranty programs or for which the
Purchaser otherwise receives compensation. Due to the variability of floor assemblies and the components available for their
construction, sound abatement or insulation properties using the Product are not guaranteed, but will be addressed as a technical
service on a case for case basis.
6. How to make a claim:
All claims must be made in writing within 15 days of discovering the problem to: DMX Plastics Limited, 300 Walker Drive, Brampton,
ON, Canada, L6T 4B3, Attention: Customer Service. All claims must contain the following information: Name of the Purchaser, address
of building structure, date of discovery of water leakage, date of installation, proof of purchase (which must be provided at the time of
the claim). The Manufacturer may require additional information in order to process a warranty claim (via a “warranty claim
questionnaire”). The Manufacturer shall be entitled to commence an investigation of the source of the water leakage within 30 days
from receipt of the problem in writing. If the Manufacturer determines that this warranty does not apply and/or if the Purchaser includes
false or misleading information in the warranty claim questionnaire, the Manufacturer reserves the right to charge the Purchaser for
expenses incurred in conducting the investigation, including, but not limited to, travel costs incurred by the Manufacturer and/or its
agents.
7. Limitations and Exclusions:
Except for this warranty, there are no warranties, or guarantees, express or implied, oral or written with respect to the
product, including but not limited to merchantability and fitness for particular purpose, whether express or implied or arising
by operation of law, statute (including pursuant to the Sales of Goods Act (Ontario) or the uniform commercial code of any
state). applicable law in certain jurisdictions do not permit disclaimers of implied warranties, and in such cases (and only
such cases) such disclaimers of implied warranties shall not apply to purchasers in such jurisdictions.
The liability of the manufacturer arising out of the sale or supply of the product or its installation or use, whether or not
arising as a result of the negligence or gross negligence of the manufacturer shall not exceed the then current purchase price
for that portion of the product (and affected floor covering, if applicable) which is being replaced or reimbursed by the
manufacturer. The manufacturer does not guarantee or warrant in any way that mold, mildew, fungi, irritants or air quality
problems will be reduced or eliminated. This warranty excludes the manufacturer from any liability or claimed damages due to
mold, mildew, fungi or irritants from moisture or other foreign substances or construction materials.
The manufacturer shall not be liable for any special, indirect, incidental, consequential or punitive damages sustained by the
purchaser or any other person in connection with the purchase, installation or use of the product, whether alleged to arise
from breach of contract, express or implied warranty, or in tort, including, but not limited to, loss of profits, damage to other
property or loss of use of the product.
8. Miscellaneous:
This warranty shall be governed, construed, and enforced in accordance with the laws of the Province of Ontario, including in
accordance with the Limitations Act, 2002, or its successor legislation. The Purchaser hereby irrevocably attorns to the exclusive
jurisdiction of the courts of the Province of Ontario.