Warranty

the APA-The Engineered Wood Association grade stamp in
accordance with: i) Form U450 entitled “Builder Tips Storage and
Handling of APA Trademarked Panels” (available at
www.apawood.org/publications), ii) Form No. E30 entitled “APA
Engineered Wood Construction Guide” (available at
www.apawood.org/publications), iii) standard building practices and
all applicable building codes, or iv) otherwise in accordance with
good and customary storage, handling, maintenance and installation
practices in the building industry; (d) Improper or incompatible
installation of other materials incorporated into the structure; (e)
Repair of the Product or structure; (f) Failure or distortion of the walls,
foundation or any other portion or component of the structure,
including settling of the structure or movement of framing members;
(g) Faulty structure design; (h) Wind or weight loads exceeding
Product or structure design values; (i) Abnormal weather and use
conditions, such as impact with objects, earthquake, flood, fire or other
acts of God or nature; (j) Sustained cascading or pooling of water,
immersion in water or other abnormal exposure to moisture, or
exposure to moisture avoidable by good and customary maintenance
practices; (k) Insuitability or performance deficiencies of any cladding,
coating, finishes, coverings, paints, stains, coats, caulk, or other
materials applied or attached to the Product; (l) Termites or other
pests; (m) A third-party’s actions, omissions or negligence; (n) Product
manufactured by anyone other than GP or its affiliated U.S.-based
Georgia-Pacific companies; or (o) Any cause, condition or
circumstance that is excluded under any warranty that you may have
given to any person or entity in your status, if applicable, as a home
builder or contractor or Commercial Purchaser. In addition, this Limited
Warranty does not cover damage to any part of a home or building
other than the nonconforming Product. This Limited Warranty is
voidable by GP if the Product is installed in a home or building more
than two (2) years after the date of manufacture of the Product.
5. LIMITATION OF LIABILITY. IN NO EVENT WILL GP BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR
EXEMPLARY DAMAGES ARISING OUT OF OR RELATED TO, IN
EACH CASE, THE PURCHASE, SALE OR USE OF THE PRODUCT,
ANY WARRANTED CONDITION, OR ANY OTHER CLAIMED
PRODUCT DEFECT OR DEFICIENCY. Such limitation upon GP’s
liability includes, but is not limited to, loss of profits or of use of the
Product, costs of installation, removal or reinstallation, damage to
other property, diminution of value to property, or economic loss of
any kind, whether based upon breach of warranty, breach of
contract, tort or under any other legal or equitable theory. Some
states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation may not apply to you.
This exclusion is intended to be independent from, and shall survive
the failure of, any other liability limitation provided in this Limited
Warranty.
6. EXCLUSIVE REMEDY; DISCLAIMER. THE WARRANTIES AND
REMEDIES SET FORTH IN THIS LIMITED WARRANTY ARE
EXCLUSIVE AND IN LIEU OF ALL OTHER WARRANTIES AND
REMEDIES, WHETHER SUCH WARRANTIES ARE EXPRESS OR
IMPLIED, AND WHETHER SUCH REMEDIES ARE BASED UPON
BREACH OF WARRANTY, BREACH OF CONTRACT, TORT OR ANY
OTHER LEGAL OR EQUITABLE THEORY. GP HEREBY DISCLAIMS
ALL IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
The above disclaimer shall not apply to the extent applicable
consumer law prohibits the disclaimer of an implied warranty. Also,
some states may not allow limitations for consumers on how long an
implied warranty lasts, so the above limitation may not apply to you.
Any implied warranty that GP is required to provide under this
Limited Warranty shall be for the minimum duration required by
applicable law. This Limited Warranty gives you specific legal rights,
and you may have additional rights, which vary from state to state.
7. ARBITRATION AGREEMENT. If GP is unable to resolve your
warranty claim to your satisfaction or if there is any other Dispute, we
each agree to resolve those Disputes through binding arbitration or
small claims court, subject to the terms below, instead of in courts of
general jurisdiction. In an arbitration proceeding, a neutral arbitrator,
not a judge or jury, will decide any Disputes. The decision of the
arbitrator will be final and binding.
(a) Definitions:
(i) As used in this document, the phrase “Arbitration
Agreement” refers to the entirety of Paragraph 7 herein.
(ii) The terms “you” and “your” shall have the
meaning as set forth in Paragraph 1(c) above.
(iii) The term “Dispute(s)” shall mean and include any
dispute, claim or controversy between you and GP that arises out of
or relates to, in each case, the purchase, sale or use of the Product,
any Warranted Condition or any other claimed Product defect or
deficiency and/or to the Limited Warranty, whether based in
contract, indemnity, statute, regulation, ordinance, tort (including, but
not limited to, negligence, strict liability, fraud, misrepresentation,
fraudulent inducement, or any other intentional tort), or any other
legal or equitable theory. “Dispute” is to be given the broadest
permitted meaning.
(iv) References to "GP," "you," and “we” include our
respective parents, subsidiaries, affiliates, agents, employees,
members, predecessors in interest, successors, and assigns.
(b) Mandatory Arbitration: EXCEPT FOR DISPUTES OF
$10,000 OR LESS, WHICH MAY BE FILED IN SMALL CLAIMS
COURT, YOU AND GP AGREE TO RESOLVE ALL DISPUTES
THROUGH BINDING ARBITRATION AND WAIVE THE RIGHT TO
FILE AN ACTION IN COURT. ANY ARBITRATION OR SMALL
CLAIMS COURT ACTION WILL BE ON AN INDIVIDUAL BASIS
ONLY; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT
PERMITTED.
(c) Settlement Demand: A party who intends to seek arbitration
must first send to the other, by certified mail, a written Notice of
Dispute (“Notice"). The Notice to GP should be addressed to: 133
Peachtree Street N.E., 14th Floor, Atlanta, GA 30303, Attn: Dispute
Resolution ("Notice Address"). The Notice must (a) describe the nature
and basis of the Dispute; and (b) set forth the specific relief sought. If
you and GP do not reach an agreement to resolve the claim within
thirty (30) days after the Notice is received, you or GP may
commence an arbitration proceeding or an action in small claims court.
The amount of any settlement offer made by GP or you shall not be
disclosed to the arbitrator until after the arbitrator determines the
amount, if any, to which you or GP is entitled.
(d) CPR Rules: You and GP agree that this Arbitration
Agreement evidences a transaction in interstate commerce, and thus
the Federal Arbitration Act governs its interpretation and
enforcement. All arbitrations shall be conducted on a confidential
basis before the CPR International Institute for Conflict Prevention and
Resolution (“CPR”). The CPR rules are available on its website,
www.cpradr.org. Except as otherwise stated herein, the CPR Fast
Track Arbitration Rules will apply in any arbitration hereunder. To
initiate arbitration, you may send a letter requesting arbitration and
describing your Dispute(s) to the CPR in accordance with the CPR
procedures for initiating an arbitration, with a copy to GP at the
Notice Address. Alternatively, you may request that GP initiate the
arbitration with the CPR by sending your request by letter to GP at
the Notice Address. For Original Home Owners, the arbitration will
take place in the county where you reside. For Commercial Purchasers
and home builders and contractors the arbitration will take place in
Atlanta, Georgia or another location mutually agreeable to the
parties. If the amount of the claim is $10,000 or less, you may choose
whether the arbitration takes place in person, by telephone or on
written submissions. If the amount of the claim is more than $10,000,
the type of hearing shall be determined by the CPR rules.
(e) Arbitrator Powers: The arbitrator is bound by the terms of
this Arbitration Agreement and Limited Warranty, as written. You and
GP agree that an arbitrator may only award such relief as a court of
competent jurisdiction could, limited to the same extent as a court
would limit relief pursuant to the terms of this Arbitration Agreement
and any warranty applicable to you. All issues are for the arbitrator