Warranty
(xi) reckless or intentional damage to the Product.
b) Surface or edge swelling or edge checking (swelling and
checking occur normally in all wood and wood-based
products as they expand and contract in response to
changes in climatic conditions).
c) Product not installed in strict compliance with all applicable
building codes and LP’s Instructions.
d)
Poor workmanship, including but not limited to misaligned
posts, improper nailing or fastening, or fasteners not
compliant with LP’s Instructions.
e) Costs incurred by the Owner relating to Damage to the
nonconforming Product (other than the remedies set
forth in Section 5 below), including but not limited to
fence removal
, disposal, or additional fence installation
materials; or
f) Damage resulting from Owner’s failure to comply with the
requirements set out under Section 7 of this Limited Warranty.
4.
Disclaimer of all other warranties, express or implied
This Limited Warranty is the only warranty applicable to
the Product and excludes all other express or implied
warranties, including any implied warranty of merchantability
or tness for a particular purpose, or any warranties
otherwise arising from the course of dealing
or usage of
trade or advertising, except where such warranties arise
under applicable consumer
product warranty laws and
cannot lawfully be disclaimed, in which event such
warranties are limited to the shortest period permitted
or required under applicable law. Some states do not
allow limitations on how long an implied
warranty lasts, so
the above limitations may not apply to you. No other
express warranty has been made or will be made by or
on behalf of LP with respect to the Product
.
5.
Remedies
This section provides the sole remedy available by LP to
the Owner.
In the event the Product does not conform to the warranties
in Section 2 above (or any implied warranty not otherwise
e ectively disclaimed herein):
a) during the rst year (12 months) from the date the
Product is purchased, LP will, at its option, (i) refund the
original purchase price of the a ected Product and pay
the cost of labor, as established by independent construction
construction cost estimator R.S. Means, to replace the
a ected Product, or (ii) pay the labor and material cost,
as established by independent construction cost estimator
R.S. Means, to re-paint the a ected Product; and
b) during the 2nd through 10th years from the date the
Product is purchased, LP will refund the original purchase
price of the a ected Product (no labor or other charges
shall be paid) less an annual pro rata reduction of 10% per
year (the amount paid under this warranty at the end of
the 10th year will be zero).
c) When re-painting of a ected Product occurs, the color
may not be an exact match with the remaining Product.
6.
Exclusion Of All Other Remedies
In no event will LP be liable for any incidental, special,
indirect, multiple, punitive or consequential damages
resulting from any defect in the Product, including, but
not limited to property damage, loss of use, or lost pro ts.
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.
7.
Responsibility Of Owner/Purchaser
Compliance with each of the items set out below in Sections
(a), (b), and (c) is a condition to LP’s obligations under this
warranty. Failure to comply with any one or more of the
items shall void any right an Owner may have against LP.
a) Warranty Registration – Owner must register the Product
by visiting lpcorp.com/fence within ninety (90) days of
purchase. Owner must have registered the Product unless
reliable documentation of the purchase date is otherwise
provided as required below.
b) Installation/Maintenance
(i) The Product must be installed and maintained in strict
accordance with LP’s Installation and Maintenance
Instructions.
(ii) The fence structure on which the Product is installed
must be in compliance with all applicable building
codes, zoning ordinances and homeowner
association requirements
(iii) The Product must not be in contact with the ground,
hardscape, or siding, or used in any way that allows
for the accumulation of moisture or standing water, or
submersion, other than normal exposure to weather.
c) Claims
(i) Any Owner seeking remedies under this Limited
Warranty must notify LP at (800) 450-6106 within 30
days after discovering a possible non-conformity of
the Product and before beginning any repair. It is the
Owner’s responsibility to establish the purchase date
of the Product - through invoices, receipts, contractor’s
billings or any other form of reliable documentation -
and ownership of the Product.
(ii) LP must be given an opportunity to inspect the
Product within 90 days of notice, and, upon
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