Installation Guide
If TimberTech determines that the Purchaser’s claim is valid,
TimberTech will, at its sole option, either replace the affected
item or refund the portion of the purchase price paid by the
Purchaser for such affected item (not including the cost of its initial
installation), pro-rated, as noted below. Replacement material will
be provided that is as close as possible in color, design and quality as
the replaced material, but TimberTech does not guarantee an exact
match as colors and design may change.
Prorated Warranty Schedule
If Purchaser makes a valid warranty claim hereunder during
years eleven (11) through twenty-five (25) after the original
purchase, then Purchaser’s recovery will be prorated as indicated
in the Prorated Warranty Schedule. If TimberTech is providing
replacement materials, it may elect to replace the percentage listed
agove of boards otherwise meeting the requirements for a claim;
if TimberTech is refunding a portion of the purchase price, it may
elect to refund the percentage listed above of the purchase price of
boards otherwise meeting the requirements for a claim.
This warranty shall not cover, and TimberTech shall not be
responsible for, costs and expenses incurred with respect to the
removal of affected Product or the installation of replacement
materials, including but not limited to, labor and freight. The
foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR
BREACH OF ANY WARRANTY. This warranty is not transferable.
Exclusions from Warranty Coverage:
TimberTech does not warrant against and is not responsible for,
and no implied warranty shall be deemed to cover, any product
failure, product malfunction, condition or damages attributable
to the following: (1) improper installation of the Product and/or
failure to abide by TimberTech’s installation guidelines, including,
but not limited to, improper gapping; (2) use of the Product beyond
normal residential use, or in an application not recommended by
the TimberTech installation guidelines and local building codes; (3)
movement, distortion, collapse or settling of the ground or the
supporting structure on which the Product is installed; (4) exposure
Year of Claim Recovery
0-10 100%
11-13 80%
14-16 60%
17-19 40%
20-22 20%
23-25 10%
to, or direct or indirect contact with extreme heat sources (over
250 degrees), which may damage the surface of the product and
cause the Product to fade; (5) any act of God (such as flooding,
hurricane, earthquake, lightning, etc.) or environmental condition
(such as air pollution, mold, mildew, etc.), (6) improper handling,
storage, abuse or neglect of the Product by Purchaser or third
parties; (7) any fading or staining on the the underside or the ends
of the Product, or (8) ordinary wear and tear.
In addition, this warranty will be voided if (1) paint, stain or other
coating materials are applied to the Product, or (2) the surface of
the Product has been damaged or punctured, including as a result of
contact with shovels or similar sharp-edged tools. Such tools should
not be used under any circumstance to remove snow, ice, or other
debris from the surface of the Product.
Purchaser is solely responsible for determining the effectiveness,
fitness, suitability and safety of the Product in connection with its
use in any particular application.
Limitations: DISCLAIMER OF WARRANTIES: EXCEPT FOR
THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN,
TIMBERTECH MAKES NO OTHER WARRANTIES, GUARANTEES
OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING
BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR
OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH
OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE
HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS
TRANSACTION.
Some states do not allow limitations on how long an implied
warranty lasts so the above limitation may not apply to you.
LIMITATION OF REMEDIES AND EXCLUSION OF CONSEQUENTIAL
AND INCIDENTAL DAMAGES: TIMBERTECH’S LIABILITIES ARE
LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS
SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO
CIRCUMSTANCES WILL TIMBERTECH BE LIABLE OR OBLIGATED
FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL,
PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER
(INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST
SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS,
STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER
FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH
OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF