Warranty Guide

LIMITED WARRANTY
For Branded Products
BlueLinx Corporation
1. LIMITED WARRANTY: BlueLinx Corporation (“BlueLinx”) warrants (for installation
only within the U.S.) to each Qualified Owner (as hereinafter defined) that when sold by
BlueLinx, (a) the onCENTER branded I-Joist, Advanced Framing Lumber (“AFL”) or
Laminated Veneer Lumber (“LVL”) products (hereinafter the “Product” or together the
“Products”) and (b) when properly stored, installed as floor or roof joists in a structure or
approved wall applications, and maintained according to BlueLinx’ published installation
instructions (available at www.buildoncenter.com), the Product will (i) meet or exceed
industry standards, and (ii) be free from defects in materials and workmanship for the
expected life of the structure in which they are installed. A Qualified Owner is the
purchaser of a newly built structure (“Structure”) in which the Product is originally
installed or, in the case of the remodeling of an existing structure (also a “Structure”) the
owner of the Structure at the time the Product is installed. If BlueLinx, in its sole
discretion and at its sole option, shall either repair the defective Product, replace the
defective Product or, reimburse the Qualified Owner for the reasonable cost of repair or
replacement of the defective Product (the “Maximum Remedy”) to include the cost of
labor which will be based upon labor estimates established by an independent,
nationally-recognized construction cost estimator or current construction cost estimating
publication. BlueLinx’s replacement of the defective Product or granting of a refund
pursuant to this Section 1 of this Limited Warranty SHALL BE THE SOLE AND EXCLUSIVE
REMEDY available to the Qualified Owner.
2. TERMS, CONDITIONS AND LIMITATIONS OF THIS LIMITED WARRANTY:
(a) Terms and Conditions: BlueLinx’ liability under this Limited Warranty shall be
subject to all of the following terms and conditions:
i. The claimant must provide proof that he/she is a Qualified Owner.
ii. The Product must be stored according to the manufacturer’s instructions at all times
between purchase and installation. Failure to store the Product in accordance with the
manufacturer’s instructions voids the Limited Warranty.
iii. The Product must be installed according to the manufacturer’s printed installation
instructions and all building codes adopted by federal, state or local governments or
government agencies and applicable to the installation. Failure to install and finish the
Product per the manufacturer’s published instructions may affect Product performance
and voids the Limited Warranty. Failure to install Product in accordance with all
applicable building codes voids the Limited Warranty.
iv. The Qualified Owner must provide written notice to BlueLinx within 30 days after
discovery of any claimed defect or failure covered by this Limited Warranty and allow
BlueLinx an additional thirty (30) days thereafter to inspect the Product before any
alteration or repair is made. The notice must describe the location and details of the
defect and such information as is necessary for BlueLinx to investigate the claim.
Photos of the product, showing the defect or failure are not only helpful, but also must
accompany the notice, when appropriate.
The notice must be sent to the following address:
BlueLinx Corporation
4300 Wildwood Parkway
Atlanta, GA 30339
Attn: Structural Framing Claims
v. Upon discovery of a possible defect or failure, the Qualified Owner must immediately,
and at the Qualified Owner’s own expense, provide for protection of all property that
could be affected until the defect or failure is remedied. Before any alteration or repair
to the Product, the Qualified Owner must allow BlueLinx or its agent to enter the
property and structure where the Product is installed, and examine, photograph and
take samples of the Product.
(b) Exclusions: This Limited Warranty does not cover damage or defects resulting from
or in any way attributable to: (i) the improper storage, shipping, handling or installation
of the Product (including, without limitation, failure of the Product to be installed in strict
compliance with the terms and conditions set forth in Section 2 (a) of this Limited
Warranty) and/or improper installation of other accessories; (ii) neglect; (iii) abuse; (iv)
misuse; (v) repair or alteration; (vi) settlement or structural movement and/or movement
of materials to which the Product is attached; (vii) damage from incorrect design of the
structure; (viii) exceeding the maximum designed wind loads; (ix) acts of God including,
but not limited to, hurricanes, tornados, floods, earthquakes, severe weather or other
natural phenomena, (including, but not limited to, unusual climate conditions); (x) failure
to meet building code requirements for the roof or floor leading to excessive deflection,
structural failure, and/or excessive moisture exposure due to the lack of proper
protection of the Product or inadequate insulation ventilation and/or vapor retarders; (xi)
growth of mold, mildew, fungi, bacteria, or any organism on any surface of the siding
(whether on the exposed or unexposed surfaces) and in this respect, ANY CLAIMS OF
DAMAGE CAUSED BY MOLD OR MILDEW ARE EXPRESSLY EXCLUDED; (xii) lack of
proper maintenance; (xiii) any cause other than manufacturing defects.
(c) Limitations:
(i) The laws of the state of Georgia shall govern the rights and duties of the parties
under this Limited Warranty. This Limited Warranty gives you specific legal rights,
and you may also have other legal rights which vary from state to state. This
Limited Warranty applies only to Products installed in the United States.
THIS LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY
BLUELINX FOR THE PRODUCTS, AND IS IN LIEU OF ALL OTHER WARRANTIES, WRITTEN
OR ORAL, EXPRESS OR IMPLIED, WHETHER ARISING BY OPERATION OF LAW OR
OTHERWISE, BY BLUELINX, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
CONDITION OR QUALITY OF THE PRODUCT OR SERVICE, OR ANY TRADE USAGE
(EXCEPT FOR THOSE IMPLIED WARRANTIES APPLICABLE UNDER LAW, WHICH , WHERE
PERMITTED BY APPLICABLE LAW, ARE HEREBY DEEMED LIMITED TO THE DURATION OF
THE GIVEN WARRANTY PERIOD STATED HEREIN) WHETHER OR NOT THE PURPOSE HAS
BEEN DISCLOSED AND WHETHER OR NOT THE PRODUCT HAS BEEN SPECIFICALLY
DESIGNED OR MANUFACTURED FOR THE QUALIFIED OWNER’S USE OR PURPOSE. NO
DISTRIBUTOR, DEALER, RESELLER, SALESPERSON, OR ANY REPRESENTATIVE OF
BLUELINX HAS THE AUTHORITY TO MAKE ANY WARRANTIES OF FITNESS FOR A
PARTICULAR PURPOSE OR TO ALTER OR CHANGE THIS LIMITED WARRANTY, WHETHER
ORALLY OR IN WRITING. Some states do not allow limitations on how long an
implied warranty lasts so the above limitations may not apply to the Qualified
Owner.
SUBJECT TO APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BLUELINX BE
LIABLE TO THE QUALIFIED OWNER FOR ANY LOST OR PROSPECTIVE PROFITS, LOSSES
OR DAMAGES ARISING FROM DELAY IN PERFORMANCE, OR FROM ATTEMPTS OR
FAILURE TO REMEDY DEFECTS, REGARDLESS OF THE FORM OF THE CLAIM OR CAUSE
OF ACTION (WHETHER BASED IN CONTRACT, INFRINGEMENT, NEGLIGENCE, STRICT
LIABILITY, OTHER TORT OR OTHERWISE), OR FOR ANY CONSEQUENTIAL, SPECIAL,
INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF THE PURCHASE OR USE OF THE
PRODUCT OR RESULTING FROM THE BREACH OF THIS LIMITED WARRANTY, OR ANY
IMPLIED WARRANTY. IN NO EVENT SHALL THE CUMULATIVE LIABILITY OF BLUELINX
EXCEED THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT (OR THE APPLICABLE
MULTIPLE OF THE PURCHASE PRICE DESCRIBED IN SECTION 1 ABOVE. FOR THE SAKE
OF CLARITY, THE TERM “CONSEQUENTIAL DAMAGES” SHALL INCLUDE, BUT NOT BE
LIMITED TO, LOSS OF USE AND LOSS OR DAMAGE TO PROPERTY, AND THOSE
INCIDENTAL AND CONSEQUENTIAL DAMAGES REFERENCED IN SECTION 2-715 OF THE
GEORGIA UCC.
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.
(ii) BlueLinx shall have no responsibility hereunder for defective Product subjected to
further processing, modifications, or alteration after shipment.
(iii) Any refund or material replacement by BlueLinx pursuant to Section 1 hereof shall
constitute a full settlement and release of all claims of any Qualified Owner hereunder for
damages or other relief, and shall be a complete bar to any litigation filed subsequent to
the Qualified Owner’s acceptance of such refund or replacement.
(iv) BlueLinx reserves the right to discontinue any of its Products without notice and shall
not have any liability as a result of such discontinuation. Should the product covered by
this Limited Warranty be discontinued, BlueLinx shall have the right to substitute a
product of substantially equal quality at its sole discretion. It is understood that normal
exposure to the elements may preclude a perfect color or finish match with replacement
materials.
LIMITED WARRANTY
For Branded Products