Warranty

5
10/6/2017
mesh following original delivery to the dealer; ii) improper handling, storage, delivery or
installation; iii) failure to follow all installation, operation and maintenance instructions or
guidelines, including but not limited to, pressure washing or exposure to harsh chemicals or
cleaning products; iv) any modification to the product; v) abuse or improper use of the
product; vi) the product is painted or otherwise has a finished applied subsequent to its
delivery by PCA to dealer; vii) normal wear and tear, accident, acts of God, intentional human
acts, or any circumstance beyond the control of PCA.
DISPUTE RESOLUTION.
In the event a dispute arises out of or in connection with this limited product warranty, the
parties will attempt to resolve the dispute through mutual, good-faith consultation. If the
dispute is not resolved by mutual consultation, then any or all outstanding issues shall be
submitted to mediation in accordance with the mediation provisions of the American
Arbitration Association. If mediation is not successful in resolving the entire dispute, all
remaining issues will be submitted to final and binding arbitration in Knoxville, Tennessee, in
accordance with the Federal Arbitration Act and to be conducted in accordance with the rules
of the American Arbitration Society. The arbitrator’s award will be final, shall include an award
of reasonable costs and attorney’s fees to the prevailing party, and judgment may be entered
upon it by any court having jurisdiction within the United States.
FORCE MAJEURE.
PCA shall not be liable for failure to perform, nor be deemed to be in default under this
agreement for any delay or failure in performance resulting from causes beyond its reasonable
control including but not limited to failure of performance by the other party, acts of state or
governmental authorities, acts of terrorism, natural catastrophe, storm, flood, earthquake, riot,
insurrection, civil disturbance, sabotage, embargo, blockade, acts of war, or power failure. In
the event of such delay, the date of delivery will be extended by a period of time reasonably
necessary to overcome the effect of such delay.
GOVERNING LAW.
This Limited Product Warranty and all issues pertaining thereto shall be interpreted and subject
to the laws of the State of Tennessee, without regard to the choice of law provisions thereof. In
the event of any litigation arising from or in any way relating to the subject matter hereof or
any product of PCA, that is not otherwise subject to the binding alternative dispute resolutions
hereof, the exclusive forum for any such action shall be the state and federal courts located in
Knoxville, Knox County, Tennessee and the parties hereto agree and consent to submit to the
personal jurisdiction and venue in such courts.