Warranty

06/2019 © 2019 Schluter Systems L.P.
Schluter Systems L.P. • 194 Pleasant Ridge Road, Plattsburgh, NY 12901-5841 • Tel.: [phone] • Fax: [phone]
Schluter Systems (Canada) Inc. • 21100 chemin Ste-Marie, Ste-Anne-de-Bellevue, QC H9X 3Y8 • Tel.: [phone] • Fax: [phone]
www.schluter.com
Schluter
®
-DITRA and Schluter
®
-DITRA-XL Uncoupling Membrane 10-Year Limited Warranty
LIMITED WARRANTY COVERAGE: Subject to the conditions and limitations as stated in this Schluter
®
-DITRA and Schluter
®
-DITRA-XL Uncoupling Membrane 10-
Year Limited Warranty (the “Limited Warranty”), Schluter
®
-Systems warrants that its Schluter-DITRA and Schluter-DITRA-XL uncoupling membranes (the “Products”)
will be free from manufacturing defects and will perform as described in the Schluter-DITRA Installation Handbook and Schluter Uncoupling Membranes Technical Data Sheet
(collectively, the “Written Materials”
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) for a period of ten (10) years from the date of purchase when installed and used in accordance with the terms and conditions of the
Written Materials and industry standard guidelines that are not in conflict with the Written Materials in effect at the time of installation.
For the purposes of this Limited Warranty, “Owner” is defined as the original end user of the property in which the Products are installed; and “Floor Covering Assembly”
is defined to include the Products, non-reusable flooring surfaces, and applicable setting and grouting materials.
This Limited Warranty is only applicable to installations in the United States of America and Canada. Schluter-Systems is not responsible or liable under any circumstances for
determining the suitability of the Products for the Owner’s intended purpose. It is the responsibility of the Owner to consult with an experienced and professional installer to
ensure the suitability of the Products, subfloor/substrate and all building materials in the installation and that the Written Materials are followed properly.
RESOLUTION: If the Products are installed and used in accordance with the terms and conditions as described hereinabove and such Products are proven defective within
the applicable warranty term, the Owner’s exclusive remedy and the sole obligation of Schluter-Systems, at its election, shall be to (a) reinstall or replace the failed portion
of the Floor Covering Assembly or (b) pay an amount not to exceed the original square foot cost of the installation of the Floor Covering Assembly verified to be defective.
Due to conditions beyond the control of Schluter-Systems (e.g., color and shade availability, discontinuation, normal wear and tear), Schluter-Systems cannot guarantee or
warrant an exact match to the specific tile, stone, or other flooring materials used in the original installation. In such event, substantially similar materials may be substituted.
EXCLUSIONS FROM COVERAGE: This Limited Warranty excludes and in no event shall Schluter-Systems have any liability for any indirect, special, incidental, punitive,
exemplary, or consequential damages, including lost profits, arising out of or otherwise connected to the failure of the Products or Floor Covering Assembly, regardless of any
strict liability or active or passive negligence of Schluter-Systems, and regardless of legal theory, whether in contract, tort, extra-contractual or other. This Limited Warranty
further excludes any loss or damage arising out of or otherwise connected to: acts of war, terrorism, fire, explosion, natural disaster, acts of God, any failure to comply with
the Written Materials, inadequate subfloor/substrate, improper preparation or other failure of subfloor/substrate, faulty or negligent penetration of the Products or subfloor/
substrate, intentional acts of destruction, structural failure, misuse of or failure to maintain the Products, normal wear and tear, scratches, dents, corrosion or discoloration
(whether caused by excessive heat, chemical cleaning products, abrasive agents or otherwise), efflorescence and shading which are a natural occurrence with cementitious
materials and are not considered a defective condition for the purposes of this Limited Warranty, variations of texture, color or shade from those on product samples,
packaging materials or other marketing materials, or other causes unrelated to the Products (e.g. floor covering failure, excess point loading, overvoltage). This Limited
Warranty excludes exterior applications and applications utilizing glass tile or other non-approved floor coverings, unless specifically approved in writing on a case by case
basis by the Schluter-Systems Technical Services Director.
This Limited Warranty is conditioned and will be considered null and void and Schluter-Systems will have the right to refuse any claims if: (a) the Products have been improperly
stored or installed, or (b) the Products are subject to abusive or abnormal use, lack of maintenance, or used in a manner other than that for which the Products were designed
or in any way contrary to the Written Materials.
DISCLAIMER: There are no warranties beyond this expressed warranty as stated herein. To the extent permitted by law, all other warranties, representations or conditions,
expressed or implied, are hereby disclaimed and excluded, including but not limited to the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR
PURPOSE (as limited to such purposes as described in the Written Materials) or arising from a course of dealing, usage of trade or otherwise by law. ANY IMPLIED
WARRANTIES ARISING BY OPERATION OF LAW ARE LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY. NO REPRESENTATION, PROMISE,
AFFIRMATION OR STATEMENT BY ANY EMPLOYEE OR AGENT OF SCHLUTER-SYSTEMS WILL BE ENFORCEABLE AGAINST SCHLUTER-SYSTEMS UNLESS IT IS
SPECIFICALLY INCLUDED IN THIS LIMITED WARRANTY OR AUTHORIZED IN WRITING BY THE SCHLUTER-SYSTEMS TECHNICAL SERVICES DIRECTOR. This Limited
Warranty is given in lieu of any other warranty, whether expressed or implied. The remedies contained herein are the only remedies available for breach of this Limited Warranty.
This Limited Warranty extends only to the Owner and is not transferable or assignable unless authorized by written agreement and signed by the Schluter-Systems Technical
Services Director or otherwise prohibited by specific state or provincial law. This Limited Warranty gives you specific legal rights; some states and provinces do not allow
disclaimers or other restrictions of implied warranties; some of the above disclaimers may not apply to you. No changes or modifications of any terms or conditions
of this Limited Warranty are permitted unless duly authorized in writing by the Schluter-Systems Technical Services Director. This Limited Warranty shall
supersede and replace any and all prior oral or written warranties, agreements, or other representations made by or on behalf of Schluter-Systems relative to the Products
or the application of the Products and shall apply to any installation occurring on or after March 13, 2019. If the Schluter-DITRA or Schluter-DITRA-XL uncoupling membrane
are used in conjunction with other Schluter products, a different Schluter warranty may apply. For the most current information and materials regarding Schluter-Systems
warranties and programs, please visit https://www.schluter.com/schluter-us/en_US/downloadfiles.
MAKING A CLAIM: To make a claim under this Limited Warranty, the Owner must provide Schluter-Systems
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with written notice within thirty (30) days of any alleged defect in
the Products covered by this Limited Warranty, together with date and proof of purchase of such Products and/or all of its components and name and address of all installers
and all invoices related to the original installation, failing which this Limited Warranty shall have no legal effect³. Schluter-Systems reserves the right at its election and as a
condition of this Limited Warranty to inspect the alleged failed and/or defective Products.
All U.S. Claims shall be sent to: All Canadian Claims shall be sent to:
Schluter Systems L.P. Schluter Systems (Canada), Inc.
Attn: Warranty Claims Dept. Attn: Warranty Claims Dept.
194 Pleasant Ridge Road 21100 chemin Ste-Marie
Plattsburgh, NY 12901-5841 Ste-Anne-de-Bellevue, QC H9X 3Y8
1
If there are any conflicting terms between any Written Materials, the most recently updated document shall be deemed to control.
2
This Limited Warranty is limited to sales of the Products made in and intended for use in the United States and Canada. For the purposes of this Limited Warranty, Schluter Systems L.P. shall offer warranty
coverage to Owners located in the United States, and Schluter Systems (Canada) Inc. shall offer warranty coverage to Owners located in Canada.
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In the event that Owner fails to provide such required invoices relating to the original installation, Schluter-Systems shall pay Owner an amount equal to the average, reasonable costs of a comparable
installation. If the parties fail to agree on such amount, such dispute shall promptly, and in the first instance, be submitted: (a) if a U.S. claim, to arbitration in Clinton County, New York, in accordance with the
rules of the American Arbitration Association, or (b) if a Canadian claim, in the Province of Quebec, Canada, in accordance with the ADRIC Arbitration Rules. Any outcome of such arbitration proceeding shall
be final and binding upon the parties hereto.