Warranty

LIMITED LIFETIME WARRANTY
H.B. Fuller Construction Products Inc. (“HBF-CP”) warrants, to the owner (“Owner”) of the premises in which the TEC
®
Power Grout
®
(“Product”) is applied, that, for the period
specified, the Product will provide color uniformity (free from efflorescence and color fading), will be free from substantial manufacturing defects and will not break down
or deteriorate under normal use, provided that the Product was properly applied within its applicable shelf life and in accordance with HBF-CP’s written guidelines, Product
Data Sheets and Specifications found at tecspecialty.com in effect on the date of its application and consistent with all applicable building codes and industry standards and
guidelines, including the TCNA Handbook when applicable, and procedures for professional application to the extent they are consistent with HBF-CP’s written guidelines and
specifications.This limited warranty does not cover efflorescence caused by hydrostatic pressure or moisture vapor emissions, general wear and tear of the grout and does
not eliminate the need for routine maintenance and cleaning of the grout. This limited warranty is non-transferable.
Power Grout
®
Limited Lifetime Warranty
EXCLUSIVE REMEDIES
HBF-CP will, at its option and expense, for each Product warranty claim that it
determines to be valid, replace the Product or refund the amount Owner paid for the
defective Product.
The duration of the warranty on any replacement Product will not exceed the balance
of the warranty remaining on the Product that was replaced as of the date of such
replacement.
WARRANTY CLAIM PROCEDURE
In order to qualify for the remedies described above, the Owner must notify HBF-CP,
in writing, before the expiration of the warranty period described above and provide
proof of purchase of the Product which is alleged to be defective, regarding the
discovery of the alleged defect in the Product covered by the foregoing warranty.
Owner must provide HBF-CP a reasonable opportunity to review and investigate the
alleged defect. Owner must send or fax written claims to:
H.B. Fuller Construction Products Inc.
1105 South Frontenac Street
Aurora, IL 60504-6451
Attn: Technical Support
Fax: [phone]
EXCLUSIONS AND DISCLAIMER OF WARRANTIES
The foregoing warranty does not cover damage or other harm from routine maintenance
or cleaning, any defects, damage or other harm that is not the result of the acts or
omissions of HBF-CP, or that arise to any extent or in any way from (i) the failure
of Owner or Product applicator to follow any applicable instructions of HBF-CP or
other manufacturers, if any, (ii) the abuse, misuse or modification of the Product,
(iii) structural failure or workmanship not in accordance with HBF-CP’s instructions
and applicable industry standards, (iv) normal wear and tear resulting from usage,
(v) installations with improper substrate preparation, sewer backup, acts of God,
excessive or low relative humidity or any issues not related to excessive moisture
proven to be coming through the moisture vapor barrier, if one was applied, (vi) any
surface not installed in accordance with the manufacturer’s recommendations
including, but not limited to, temperature, relative humidity, and proper maintenance
or (vii) any surface not installed in accordance with the manufacturer’s most
recent published literature pertaining to glue down installations, including, but not
limited to, wood flooring acclimation, expansion space, jobsite temperature, relative
humidity and air flow requirements.
ALTHOUGH HBF-CP MAY HAVE SUGGESTED THE PRODUCT OR DEVELOPED THE
PRODUCT AT THE REQUEST OF THE OWNER OR THE PRODUCT APPLICATOR, OWNER
AND APPLICATOR ARE SOLELY RESPONSIBLE FOR TESTING AND DETERMINING
THE SUITABILITY OF THE PRODUCT FOR THE INTENDED USE AND PURPOSE,
AND OWNER AND APPLICATOR ASSUME ALL RISK AND LIABILITY WHATSOEVER
REGARDING SUCH SUITABILITY. THE FOREGOING WARRANTY IS IN PLACE OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ANY IMPLIED WARRANTY GRANTED UNDER APPLICABLE LAW, INCLUDING, BUT NOT
LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE, ARE LIMITED IN DURATION TO THE EXPRESS WARRANTY GRANTED
ABOVE. SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN
IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO OWNER.
LIMITATION OF REMEDIES AND DAMAGES
EXCEPT AS OTHERWISE PROVIDED HEREIN, THE REMEDIES STATED ABOVE ARE
OWNER’S SOLE AND EXCLUSIVE REMEDIES AGAINST HBF-CP.
ANY EFFORTS BY HBF-CP BEYOND THE OBLIGATIONS PROVIDED FOR HEREIN, WILL
NOT IN ANY WAY CHANGE THE LIMITATION OF REMEDIES AND DAMAGES STATED IN
THIS WARRANTY OR EXTEND OR CHANGE THIS WARRANTY.
LIMITATION OF LIABILITY
IN NO EVENT WILL HBF-CP’S LIABILITY UNDER THIS WARRANTY EXCEED THE
AMOUNT PAID BY OWNER FOR THE DEFECTIVE PRODUCT BEING REPLACED. THIS
LIMITATION APPLIES REGARDLESS OF WHETHER HBF-CP’S LIABILITY ARISES FROM
BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY OR TORT.
DISCLAIMER OF DAMAGES
HBF-CP IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR
CONSEQUENTIAL DAMAGES IN CONNECTION WITH OR ARISING OUT OF THE SALE,
PURCHASE OR USE OF THE PRODUCT, BREACH OF WARRANTY, INCLUDING, BUT
NOT LIMITED TO, LOSS OF ANTICIPATED PROFITS OR OTHER ECONOMIC LOSS,
WHETHER OR NOT ARISING FROM DELAY DURING INSPECTION OR REMEDY OF
PRODUCT FOR ALLEGED DEFECT UNDER PRODUCT WARRANTY REGARDLESS OF
ANY STRICT LIABILITY OR NEGLIGENCE OF HBF-CP AND REGARDLESS OF THE
LEGAL THEORY (CONTRACT, TORT OR OTHER) ASSERTED TO MAKE A CLAIM. SOME
STATES/PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO OWNER.
NONTRANSFERABLE WARRANTY
This warranty is not transferable and confers no rights or remedies on any third
parties, whether as third party beneficiaries or otherwise.
COMPLETE AGREEMENT
This warranty completely replaces and supersedes any prior oral or written
warranties, agreements or representations of HBF-CP regarding the Product or its
application. Only an officer or general manager of HBF-CP may change this warranty.
This warranty applies to all applications of the Product that occur after
September 15, 2016.
PGLLW R0916-1
©Copyright 2016 H.B. Fuller Construction Products Inc.
TEC
®
, the TEC
®
logo and Power Grout
®
are trademarks of
H.B. Fuller Construction Products Inc.
tecspecialty.com
H.B. Fuller Construction Products Inc.
1105 South Frontenac Street
Aurora, IL 60504-6451