BALUSTER WARRANTY

Limited 25-Year Warranty for Metal Baluster Components of Rail Systems with Metal Balusters

Statement of Warranty

This warranty is given to the original consumer purchaser (“Purchaser”), of TimberTech Limited (“TimberTech”) rail systems utilizing metal balusters. TimberTech warrants to Purchaser that, for a period of twenty-five (25) years from the date of the original consumer purchase (the “Term”), that the metal baluster components of TimberTech’s rail systems utilizing metal balusters (“Metal Balusters”) will be free from defects in material and workmanship, including cracking, peeling, blistering of the finish and extensive corrosion (rusting). For purposes of this warranty, corrosion (rusting) is deemed extensive when there are multiple rust-through perforation instances on the same piece of product.

All warranties are subject to the exclusions, limitations and restrictions set forth below.

Obtaining Warranty Performance

If Purchaser discovers a defect during the Term, Purchaser must, within thirty (30) days from the discovery of the alleged defect but no later than the end of the Term, notify TimberTech in writing, at the following address:

                TimberTech Limited
                894 Prairie Avenue
                Wilmington, Ohio 45177
                Attn: Claims Department

Purchaser must include in this notification proof of purchase and a statement explaining the defect. TimberTech may request additional information. After reviewing all information, TimberTech will make a determination regarding the validity of such claim. If TimberTech determines that Purchaser’s claim is valid, TimberTech will, at its option, either replace the defective part or refund the portion of the purchase price paid by Purchaser for such defective part (not including the cost of its initial installation) according to the proration schedule set forth below. This warranty shall not cover, and TimberTech shall not be responsible for, costs and expenses incurred with respect to the removal of the defective Metal Balusters or the installation of replacement materials, including but not limited to, labor and freight, as well as shipping charges and sales tax. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY.

If Purchaser makes a valid warranty claim hereunder during years eleven (11) through twenty-five (25) after the original consumer purchase, then Purchaser’s recovery will be prorated as indicated below. If TimberTech is providing replacement materials, it may elect to replace the percentage listed below of Metal Balusters otherwise meeting the requirements for a claim; if TimberTech is refunding the purchase price, it may elect to refund the percentage listed below of the purchase price of Metal Balusters otherwise meeting the requirements for a claim.

1 – 10 years 100% replacement/refund

11 – 20 years 75% replacement/refund

21 – 25 years 50% replacement/refund

The Purchaser will be responsible for paying any prorated costing.

Transfer of Warranty

This warranty may be transferred one (1) time, within the five (5) year period beginning from the date of original consumer purchase by Purchaser, to a subsequent buyer of the property upon which the rail system containing Metal Balusters was originally installed.

Exclusions from Warranty Coverage
This warranty does not cover damage from abnormal or improper use or design, improper product application, accident, alteration, welding, neglect, abuse, lawn care equipment damage, abrasion, harsh chemicals, pool chemicals, or chemicals for ice removal, air pollutants, installation of metal balusters directly on treated (CCA) lumber, improper service or installation or lack of service, or damage caused by flood, fire or acts of God. For product located one (1) mile or less from the coastline, the Term of this limited warranty shall be one (1) year from the date of the original consumer purchase. This limited warranty does not cover Metal Balusters that have come in to direct contact with salt water. Some darkening of the Antique Bronze color is expected to occur over time, and is not a defect or warranty-related issue.

Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the Metal Balusters in connection with its use in any particular application.

Limitations

DISCLAIMER OF WARRANTIES: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, TIMBERTECH MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION.

Some States do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you.

LIMITATION OF REMEDIES AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES:

TIMBERTECH’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL TIMBERTECH BE LIABLE OR OBLIGATED FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. TIMBERTECH’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state.

Miscellaneous
This writing is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written instrument signed by TimberTech and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and TimberTech shall not be bound by any such statements other than those contained in this warranty.

This warranty is effective for consumer purchases made on or after Jan 1, 2011.