Warranty

Fiberon Residential Limited Warranty
FIB-0291-LIT Rev A 0414
Page 4 of 4
The suitability of the Fiberon Products for Purchaser’s property for the installation and use of the Fiberon Products,
including but not limited to whether the Fiberon Product meets the requirements of any applicable building or safety
code or similar regulation relating to Purchaser’s property, is the responsibility of the Purchaser and/or its design
professionals, and not that of Fiberon. Fiberon does not provide architectural or engineering services. Fiberon
makes no express or implied warranty or representation as to the suitability of the Fiberon Products for, or actual
performance, capabilities or operation of the Fiberon Products at, Purchaser’s property or under the conditions of
Purchaser’s use.
Without limitation on any other provision of this Limited Warranty, all warranties, whether express or implied, and
including this Limited Warranty, are void if any one or more of the following applies or occurs: (i) the Fiberon Product
or Fiberon Fastener is not installed, maintained and/or used strictly in accordance with Fiberon’s written instructions,
and all applicable laws, codes and regulations; (ii) misuse of the product, whether foreseeable or unforeseeable; (iii)
failure of proper and timely maintenance or repair; (iv) failure to provide timely notice to Fiberon of any failure or
defect of the Fiberon Product or Fiberon Fastener; or (v) use of fasteners other than the Fiberon branded fasteners or
approved hidden fasteners listed on www.fiberondecking.com to the extent that the Fiberon Product failures resulted
from the use of non-approved fasteners.
4. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
This section applies to any dispute between you and Fiberon relating to your Fiberon Product. "Dispute" will be given
the broadest possible meaning allowable under law.
4.1. Notice of Dispute. In the event of a dispute, you must give Fiberon a Notice of Dispute, which is a written
statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the
dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Fiberon, Consumer and
Technical Support Department, 181 Random Dr. New London, NC 28127. You will attempt to resolve any dispute
with Fiberon through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days,
you may commence arbitration.
4.2. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence, if the
dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or
not you negotiated informally first.
4.3. BINDING ARBITRATION. IF YOU AND FIBERON DO NOT RESOLVE ANY DISPUTE BY INFORMAL
NEGOTIATION OR IN SMALL CLAIMS COURT, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE
CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR
PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a
limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may
enforce the arbitrator's award.
4.4. CLASS ACTION WAIVER. Any proceedings to resolve or litigate any dispute in any forum will be
conducted solely on an individual basis. Neither you nor Fiberon will seek to have any dispute heard as a
class action, private attorney general action, or in any other proceeding in which either party acts or
proposes to act in a representative capacity. No arbitration or proceeding will be combined with another
without the prior written consent of all parties to all affected arbitrations or proceedings.
4.5. Arbitration Procedure, Costs, Fees and Incentives. Any arbitration will be conducted by the American
Arbitration Association (the "AAA") under its Commercial Arbitration Rules and in many cases it’s Supplementary
Procedures for Consumer-Related Disputes. For more information, see www.adr.org or call 1-800-778-7879. In any
dispute seeking less than $10,000 in damages, Fiberon will promptly reimburse your filing fees and pay the AAA's
and arbitrator's fees if you are the prevailing party. You agree to commence arbitration only in your county of
residence or New London, NC.
5. CHOICE OF LAW
North Carolina law shall govern the interpretation of this Limited Warranty and any claim that Fiberon has breached it,
regardless of conflict of law principles.