Warranty

1. WHAT THE LIMITED WARRANTY
COVERS AND FOR HOW LONG
a) LIFETIME LIMITED WARRANTY FOR
HOMEOWNERS
Subject to the limitations and exclusions below,
Fypon LLC (“Seller”), warrants to only the
original owner of the residential dwelling (and
to the builder or contractor of the dwelling) in
which or on a Fypon
®
product (“Product”) is
initially installed (“Warranty Holder”), provided
the Product remains in the position of original
installation, that the Product will be free from
non-conformities in material and workmanship
for as long as the original owner owns such
dwelling (“Warranty Period”). The Warranty
Holder may not transfer this Limited Warranty to
any other party.
b) 4-YEAR LIMITED WARRANTY FOR
OWNERS OF COMMERCIAL OR MULTI-
RESIDENT PREMISES
Notwithstanding the above provision, and
subject to the limitations and exclusions
below, if the Product is initially installed in a
commercial or investment premises, or a multi-
resident premises (such as, but not limited to a
condominium, townhouse, duplex, apartment
building, or cooperative) and the occupant of
such premises is normally not responsible for
repair or replacement of the Product, Seller
warrants to the party who owns that premises
or is otherwise responsible for repair or
replacement of the Product (and to the builder
or contractor) (“Warranty Holder”), provided
the Product remains in the position of original
installation on such premises, that the Product
will be free from non-conformities in material
and workmanship for a period of 4 years
(“Warranty Period”) from the date the Product
was originally purchased from the Seller or an
authorized dealer. This 4-year Limited Warranty
is transferable during the Warranty Period.
By way of clarification, if Product is installed in
a residential dwelling inside a multi-resident
premises (by way of example, a condominium
unit “residential dwelling” in a condominium
building “multi-resident premises”) but
the owner of that residential dwelling is
responsible for repair and replacement of
the Product, then the above Lifetime Limited
Warranty for Homeowners applies and extends
to the original owner of the dwelling (and to
the builder or contractor of the dwelling), as
indicated in the previous section. If, on the
other hand, the owner of the multi-resident
premises (the condominium association or
apartment building owner, for instance) is
responsible for the repair or replacement
of the Product in or on the dwelling, then the
4-Year Limited Warranty applies and extends to
the owner of the multi-resident premises (and
to the builder or contractor of the premises).
2. WHAT THE LIMITED WARRANTY DOES
NOT COVER
a) GENERALLY
This Limited Warranty provided herein covers
only those manufacturing and material non-
conformities, as specified above, and does
not include non-conformities or damages
attributable to or arising from any other cause,
including, but not limited to, Product: (i) used
for purposes for which it is not designed or
intended by Seller, or that exceed design(s)
test evaluation, as specified by Seller in its
product literature, installation instruction, or
as otherwise was known or should reasonably
have been known by the Warranty Holder or
its architect, contractor, or building agents;
(ii) which has been subjected to misuse,
vandalism, abuse, negligence, or accident; (iii)
which have been improperly stored, installed,
maintained, or operated; (iv) which have been
stored, installed, maintained, painted, stained or
cleaned or used in violation of, or inconsistent
with, written instructions provided by Seller
to Warranty Holder or generally available in
Seller’s product literature or on Seller’s world
wide website www.fypon.com (v) which have
been subjected to improper temperature,
humidity, fire, flood, acts of God, including but
not limited to, stresses, winds, debris, or other
environmental conditions; (vi) which have been
affected by normal or abnormal wear and
tear; (vii) which have been used in a manner
which results in a load bearing application in
violation of, or inconsistent with, the Seller’s
specifications or installation instructions for
the Product, or as otherwise known or should
reasonably have been known by the Warranty
Holder, or its architect, contractor, or building
agents; (viii) which have been used as a support
for climbing plants or other materials, (ix) which
has been abused by harmful fumes, vapors,
solvents, chemicals or chemical pollutants in
the atmosphere; (x) which has been adversely
affected as a result of building settlement or
structural failures of walls or foundations of the
premises on or in which the Product is affixed or
installed; (xi) which have been removed after the
original installation and reinstalled.
b) IMPROPER FINISHING OR INSTALLATION
VOID THE LIMITED WARRANTY;
MAINTENANCE SHOULD BE TIMELY
The Limited Warranty will be void if the Products
are not installed in accordance with Seller’s
published instructions, including without
limitation, the proper use of glue, paint, and
non-corrosive fasteners in combination with
recommended adhesive. Proper use of glue
and adhesives is crucial to correct installation.
Painting with an exterior grade 100% acrylic
latex paint is required of all Product purchased
with factory applied primer, including all
polyurethane Products. PVC free foam Products
do not require paint. If PVC free foam is painted,
the painting instructions provided by the Seller
must be followed or this Limited Warranty will be
void. QuickRail
®
and QuickPost
®
products should
never be painted; to do so shall void this Limited
Warranty. The Products should never be installed
with fasteners that are susceptible to corrosion.
Damage that occurs during installation is not
covered by the Limited Warranty, but dents,
gashes, cut surfaces, or other damage should
be promptly addressed by the installer in
accordance with Seller’s published instructions,
which includes directions on the use of wood
filler, automotive filler, adhesive, putty, and
caulk. The Products should not be stored or
installed in an area subject to solar temperature
buildup or localized heat (such as might occur if
the Product were placed behind a storm door).
Pre-installation acclimation to the installation
area may be required.
c) USE OF PRODUCTS FOR STRUCTURAL
SUPPORT WILL VOID THE WARRANTY
UNLESS OTHERWISE EXPRESSLY
PROVIDED BY THE SELLER
This Limited Warranty will be void if a Product
that is described in Seller’s Product literature for
decorative purposes only is used to provide any
structural support. The load bearing capacity
of the structural column, balustrade, railing
and porch post Products is set forth in Seller’s
Product literature and should be reviewed
prior to purchase and installation. Seller is not
responsible for installation alterations that may
be required to meet local building codes.
d) PUBLISHED PRODUCT MATERIALS MUST
BE REVIEWED
PRIOR TO PURCHASE, INSTALLATION (INCLUDING
WITHOUT LIMITATION PRE-INSTALLATION
STORAGE, PRIMING, FINISHING, STAINING
AND PAINTING), USE AND MAINTENANCE OF
Fypon LLC Product Warranty
Lifetime Limited for Homeowners / 4-Year Commercial
Fypon LLC Product Warranty
TM