Warranty

Fiberon Residential Limited Warranty
FIB-0291-LIT Rev A 0414
Page 3 of 4
3. GENERAL CONDITIONS, EXCLUSIONS AND LIMITATIONS
a. Purchaser’s Sole Remedy.
Purchaser’s sole remedy, and Fiberon’s sole liability, for any claim whatsoever relating to the Fiberon Product or
Fiberon Fastener, including without limitation any claims arising out of the marketing, purchase, installation, use,
storage, possession or maintenance of Fiberon Products (whether such claim arises in contract, warranty, tort, gross
negligence, negligence, strict liability, statutes or regulations, or otherwise) or any claims that the Fiberon Products or
Fiberon Fasteners failed to perform as warranted above, is and shall be the replacement of the defective Fiberon
Product or Fiberon Fastener with new Fiberon Product or Fiberon Fastener, as the case may be, in an amount equal
to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein or the
number of defective Fiberon Fasteners. Replacement Fiberon material will be as close in color, design and quality to
the original installation as reasonably possible, in Fiberon’s discretion and determination, but Fiberon does not
guarantee an exact match as colors
and designs may change. Additionally,
Purchaser agrees to the use of such
fasteners as adequate for reinstallation
of the furnished board, irrespective of
existing method. Fiberon may, at its
option, elect to refund the percentage
of the original purchase price listed
under Recovery on the Prorated
Warranty Schedule in lieu of replacing
the defective product.
b. Exclusions and Limitations of Certain Damages.
In no event will Fiberon be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary,
statutory, special, or other, damages based upon the Fiberon Products or Fiberon Fasteners or resulting, directly or
indirectly, from any defect in the Fiberon Products or Fiberon Fasteners, including but not limited to damage to,
diminution in value of and/or loss of use or enjoyment of, any property or part thereof, whether based on contract,
tort, strict liability, statute, regulation or otherwise, even if Fiberon is expressly advised about the possibility of such
damages. Some states do not allow the exclusion or limitation of incidental or consequential damages in certain
circumstances, so the above limitation may not apply to you.
In addition, this Limited Warranty does not cover and Fiberon shall not be liable for any installation, removal or
reinstallation costs. Fiberon does not warrant against and is not responsible for, and no express or implied warranty
shall be deemed to cover, any condition attributable to: (1) improper installation of Fiberon products and/or failure to
abide by Fiberon’s written instructions and any applicable laws or building codes, including but not limited to improper
structural support, fastening, ventilation or gapping; (2) use of Fiberon Products beyond normal use or in an
application not recommended or permitted by Fiberon’s written instructions and applicable laws and building codes;
(3) movement, distortion, collapse or settling of the ground or the supporting structure on which Fiberon Products are
installed; (4) Defects in or failure arising from decking structure resulting from water caused by improper installation,
workmanship, maintenance or repair; (5) any Act of God (including but not limited to flooding, hurricane, tornado,
wind, earthquake, lightning, hail, etc.); (6) discoloration, fading, spotting or staining from or caused, in whole or in
part, by mold, mildew, other fungal growth, organic materials, metallic oxides or particles (including but not limited to
rust or corrosion of any fasteners), dirt, other atmospheric or environmental pollutants, foreign substances such as
grease or oil, chemicals (including but not limited to those found in cleaners), or normal weathering (defined as
natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any colored surface to
gradually fade, flake, chalk, or accumulate dirt or stains); (7) damage resulting from casualty, fire or exposure to heat
sources such as cooking devices or retro-reflective surfaces; (8) the application of paints, stains, surface treatments
or other chemical substances including but not limited to cleaners or pesticides; (9) fading, flaking or other
deterioration of any paints, stains or other coatings placed on the Fiberon Products; (10) climate change,
environmental conditions, or any cause beyond the control of Fiberon; (11) variations or changes in color of Fiberon
Products; (12) improper handling, maintenance, storage, abuse or neglect of Fiberon Products by Purchaser or
others; (13) ordinary wear and tear; (14) impact from objects; or (15) any fasteners not supplied or approved by
Fiberon.
No warranty is given with respect to any fasteners other than the Fiberon Fasteners; such other fasteners, whether
approved fasteners or otherwise, are subject to only the warranties provided by the manufacturer of the fastener and
Purchaser’s sole warranty and remedy is with that manufacturer.
c. Additional Terms and Limitations.