Warranty
1. LIMITED WARRANTY. James Hardie Building Products, Inc.
(“Hardie”) warrants, for a period of een (15) years (the “Limited
Warranty Period”) from the date of purchase or installation of Hardie
Fiber-Cement HZ10 Exterior Trim, HardieTrim®, (the “Product”),
within the HZ10 Locations (as further dened in Section 10 below),
that such purchased Product complies with ASTM C1186, will resist
damage caused by hail or termite attacks, and is free from defects in
material and workmanship. is Limited Warranty extends only to (i)
to the rst retail purchaser of the Product; (ii) the rst owner of the
structure to which the Product is applied and (iii) the rst transferee
(each a “Covered Person”) where the Product is installed in an HZ10
location as dened in Section 10 below.
2. WHAT WE WILL DO. If during the Warranty period, the
Product is defective in material and workmanship, Hardie will, in its
sole discretion, either replace the defective portion of the Product, or
reimburse the covered person for up to twice the original retail cost of
the defective portion of the Product. During the 2nd through the 15th
year, the warranty payment shall be reduced by 6.67% each year. Aer
the 15th year, this Limited Warranty will expire and shall no longer
be applicable. If the original retail cost cannot be established by the
covered person, the cost shall be determined by Hardie in its sole and
reasonable discretion. Hardie’s replacement of the defective Product
or reimbursement pursuant to Section 2 of this Limited Warranty is
the exclusive remedy for the Covered Person for any defect in materials
or workmanship. HARDIE WILL NOT REFUND OR PAY ANY
COSTS IN CONNECTION WITH LABOR OR ACCESSORY
MATERIALS.
3. WHAT YOU MUST DO/CONDITIONS OF LIMITED
WARRANTY. Warranty coverage under this Limited Warranty shall be
subject to the following terms and conditions:
(A) A Covered Person must provide written notice to Hardie within
thirty (30) days aer discovery of any claimed defect covered by
this Limited Warranty and before beginning any permanent repair.
e notice must describe the location and details of the claimed
defect and any additional information necessary for Hardie to
investigate the claim. Photos of the Product, showing the claimed
defect must accompany the notice. A claimant under this Limited
Warranty must provide proof to Hardie that such claimant is a
Covered Person as dened in Section 1 above.
(B) e Product must be installed in the HZ10 Locations and
according to Hardie’s printed installation instructions and must
comply with all building codes adopted by federal, state or local
governments or government agencies applicable to the installation.
(C) Upon discovery of a claimed defect, a Covered Person must
immediately, and at a Covered Person’s own expense, provide for
protection of all property that could be aected until the claimed
defect is remedied if applicable. Before any permanent repair to the
Product, a Covered Person must allow Hardie or Hardie’s authorized
agent to enter the property and structure where the Product is installed, if
applicable, and examine, photograph and take samples of the Product.
4. WHAT IS NOT COVERED. is
Limited Warranty does not cover damage
or defects resulting from or in any way
attributable to: (a) e improper storage,
shipping, handling or installation of the
Product (including, without limitation,
failure of the Product to be installed
in strict compliance with the Conditions of Limited Warranty set forth in
Section 3 of this Limited Warranty) and/or improper installation of studs
or other accessories; (b) Further processing, modication or alteration of the
Product aer shipping from Hardie; (c) Neglect, abuse, or misuse; (d) Repair
or alteration; (e) Settlement or structural movement and/or movement of
materials to which the Product is attached; (f )Damage from incorrect design
of the structure; (g) Exceeding the maximum designed wind loads; (h)Acts of
God including, but not limited to, tornados, hurricanes, oods, earthquakes,
severe weather or other natural phenomena, (including, but not limited to,
unusual climate conditions); (i) Eorescence, peeling or performance of
any third party paints, stains and/or coatings; (j) Growth of mold, mildew,
fungi, bacteria, or any organism on any surface of the Product (whether on
the exposed or unexposed surfaces); (k) Lack of proper maintenance; (l)
Installation of the Product outside an HZ10 Location; or (m) Any cause
other than material or manufacturing defects attributable to Hardie.
5. LIMITATION OF LIABILITY. IN NO EVENT
SHALL HARDIE BE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING
BUT NOT LIMITED TO, ANY CLAIMS OF PROPERTY
DAMAGE, BASED UPON BREACH OF WARRANTY, BREACH
OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
Some states do not allow the exclusion or limitation of incidental or
consequential damages, so the above limitation may not apply to you.
6. LIMITATION OF WARRANTY. THE ABOVE LIMITED
WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE
PRODUCT. HARDIE DISCLAIMS ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR
PARTICULAR PURPOSE OR OTHERWISE. In the event that
applicable consumer law prohibits the disclaimer of an implied warranty,
the above Limited Warranty shall not extend the time period of any such
implied warranty. Some states do not allow limitations for consumers on
how long an implied warranty lasts, so the above limitation may not apply to
you. is Limited Warranty gives you specic legal rights, and you may have
additional rights, which vary from state to state.
7. ENTIRE AGREEMENT. is Limited Warranty contains and represents
the only warranty extended by Hardie for the Product. No employee or agent of
Hardie or any other party is authorized to make any other warranty in addition
to those made in this Limited Warranty. is Limited Warranty gives you
specic legal rights and you may also have other rights which vary from
state to state.
8. MODIFICATION OR DISCONTINUATION OF PRODUCTS.
Hardie reserves the right to discontinue or modify the Product at any time
without notice. In the event that repair or replacement of the Product
pursuant to this Limited Warranty is not possible, Hardie will fulll any
repair or replacement obligation under this Limited Warranty with a
product of equal or greater value.
9. HOW TO OBTAIN LIMITED WARRANTY SERVICE.
For warranty services call 866-375-8603 or write Warranty Department,
James Hardie Building Products, Inc., 10901 Elm Avenue, Fontana,
California 92337.
10. HZ10 PRODUCT LOCATIONS Approved HZ10 product
geographic installation locations shall mean Hawaii as well as Arizona,
California, New Mexico and Nevada, but only in the zip codes noted on the
following pages.
* Elevation Based Zip Codes - Use of HZ10 products in these CA zip codes
is only appropriate for elevations below 2000 . Locations above 2000 .
should utilize HZ™ products. If you are unsure of your elevation, visit
www.hardiezone.com or call 1-866-9-HARDIE.
HZ10™ Limited Coverage
Warranty Area
HardieTrim
®
HZ10
™
Boards for limited areas of AZ, CA, NM, NV
(includes HardieTrim
®
Crown Moulding and HardieTrim
®
Fascia Boards)
15-Year Express Limited Transferable Product Warranty