Warranty

ELEMENT LIFETIME LIMITED WARRANTY
This Element has been manufactured by Belgard Hardscapes, a division of Oldcastle Architectural, Inc. (“Manufacturer”).
Manufacturer warrants to the initial purchaser that the Element:
(i) shall leave Manufacturer’s facility free from defects in workmanship and materials, and under normal use, shall remain
free from defects in workmanship and materials for as long as the Element is owned by such initial purchaser; and
(ii) If a fireplace is included, shall comply with the National Gas Code ANSIZ223.1/NFPA 54.
(iii) If a gas fireplace is included, shall comply with UL127 CAN/ULC-S610-M87.
Notwithstanding the foregoing or anything else herein to the contrary, any third party accessories and components including but not
limited to fire pit/table pans and screens, gas fire pit components, brick oven domes, fireplace screens, glass doors, and remote
controls, water feature pumps and spillways, lighting and electrical, sinks and faucets, stainless kitchen doors, stainless appliances,
and countertop material sold with or incorporated into the Element are not warranted under this limited warranty although the third
party manufacturer of these components may provide their own separate warranties for such components. The responsibility of
obtaining any such third warranties is solely that of the initial purchaser.
The above warranty period begins on the date of initial purchase of the Element by the initial purchaser. All warranties expire upon
any transfer or change of ownership of the Element (or the residence at which it is first installed) to any person or entity, including
without limitation any trust.
Manufacturer’s sole obligation and initial purchaser’s sole remedies under this limited warranty shall be, at Manufacturer’s option and
expense, to replace the defective Element or to repair the defective Element. Any Element replacement shall be subject to the same
limited warranty set forth herein.
Manufacturer provides no warranty regarding texture, color, color change, efflorescence, fading or other aesthetic characteristics of
any Element nor does Manufacturer guarantee that any replacement components will be an exact match to the color or texture of the
original Element.
This limited warranty excludes all products not supplied by Manufacturer and all defects, failures, or damages not expressly covered
above in Sections (i), (ii) and (iii) above, including, but not limited to, damages caused in transit or by negligence, abuse, abnormal
usage, misuse, accidents, contact with chemicals, other than Manufacturer-approved chemicals, improper installation or other
construction activities, improper maintenance or any unauthorized repair, modification or adjustment of the Element or weather
conditions. This limited warranty does not cover labor or other costs or expenses associated with repairs to or replacement of any
component of the Element. Any implied warranties are limited to the duration of this express warranty. Some states do not allow the
limitation on implied warranties so the foregoing limitation may not apply to you.
In the event that the exclusive remedies provided above fail, Manufacturer’s liability shall be limited to an amount equal to the
original purchase price paid by the initial purchaser. Under no circumstances shall Manufacturer or any of its affiliates be liable for
any special, indirect, incidental, consequential, punitive or similar damages, all of which are expressly excluded from this warranty
and from any implied warranty arising under state law, including any implied warranty of merchantability and any implied warranty of
fitness for a particular purpose. ALL SUCH WARRANTIES ARE HEREBY SPECIFICALLY DISCLAIMED AND
MANUFACTURER SHALL NO LIABILITY THEREFOR, NOTWITHSTANDING (1) MANUFACTURER’S ACTUAL
KNOWLEDGE OF ANY INTENDED USE OF THE PRODUCTS OR (2) ANY ADVICE OR REPRESENTATIONS THAT
MAY HAVE BEEN RENDERED BY MANUFACTURER CONCERNING THE DESIGN, MANUFACTURE,
FABRICATION, SALE, USE, INSTALLATION, OR PROVISION OF THE ELEMENT. NO STATEMENT, CONDUCT,
OR DESCRIPTION BY MANUFACTURER OR ITS EMPLOYEES OR OTHER REPRESENTATIVES, IN ADDITION TO
OR BEYOND THIS LIMITED WARRANTY SHALL CONSTITUTE A WARRANTY.
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 which vary from state to state. This
limited warranty applies to Elements installed in or at personal residences only. No warranty whatsoever, express or implied, is made
with respect to commercial applications.
This limited warranty is not assignable by the initial purchaser or any other party.