Installation Instructions

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ANY NONCONFORMITY IN THE PRODUCT(S). In the event of
any Nonconformity covered by this or any implied warranty not
disclaimed in Section 4, Manufacturer will, at its sole option and at
its expense, either repair or replace defective or damaged Product(s)
including all labor and materials necessary to perform the work.
MANUFACTURER MAY DISCONTINUE, MODIFY OR CHANGE
THE COLOR OF ANY PRODUCT(S) WITHOUT NOTICE AND
SHALL BEAR NO LIABILITY FOR ANY SUCH COLOR CHANGE. IF
MANUFACTURER AGREES TO REPLACE PRODUCT(S) UNDER
THIS WARRANTY AND AN EXACT REPLACEMENT PRODUCT
IS NOT AVAILABLE, MANUFACTURER MAY SUBSTITUTE
ANOTHER PRODUCT IT DEEMS TO BE EQUIVALENT IN VALUE
AND QUALITY.
Any dispute concerning this warranty shall be submitted to binding
arbitration to a mutually agreed arbitrator; or, if the parties fail to
agree, to the American Arbitration Association to be resolved using
its Commercial Arbitration Rules. The jurisdiction of the arbitrator
over the dispute shall be exclusive and the decision of the arbitrator
shall be binding on the parties and non-appealable.
6. Exclusion of Other Remedies
IN NO EVENT SHALL MANUFACTURER BE LIABLE TO ANY
PERSON FOR AN AMOUNT GREATER THAN THE VALUE OF THE
REPAIR OR REPLACEMENT OF THE PRODUCT. IN NO EVENT
WILL THE MANUFACTURER BE LIABLE FOR ANY INCIDENTAL,
SPECIAL, INDIRECT, MULTIPLE, PUNITIVE OR CONSEQUENTIAL
DAMAGES RESULTING FROM ANY DEFECT IN THE PRODUCT(S)
SUPPLIED, INCLUDING, BUT NOT LIMITED TO DAMAGE TO
PROPERTY OR LOST PROFITS REGARDLESS OF WHETHER SUCH
CLAIMS ARE BASED ON THEORIES OF CONTRACT, WARRANTY,
TORT (INCLUDING NEGLIGENCE AND GROSS NEGLIGENCE),
STRICT LIABILITY, STATUTORY LIABILITY OR OTHERWISE.
Some states and provinces do not allow the exclusion or limitation
of incidental or consequential damages, so the above limitation or
exclusion may not apply to you.
7. Responsibility of Purchaser/ Owner. COMPLIANCE WITH EACH
OF THE ITEMS SET OUT BELOW IN SECTIONS A and B INCLUSIVE
IS A CONDITION TO MANUFACTURER’S OBLIGATIONS UNDER
THIS WARRANTY AND THE FAILURE TO COMPLY WITH ANY ONE
OR MORE OF THE ITEMS SHALL VOID ANY RIGHTS OWNER AND
PURCHASER MAY HAVE AGAINST MANUFACTURER.
A. Warranty Registration/Claims
(i) A warranty registration card must be properly completed
and mailed to Manufacturer within 30 days after the Product(s)
installation date . A card is attached for convenience.
(ii) All claims under this Warranty must be sent in writing within 45
days after the discovery of the defect, and before beginning any
permanent repair, to Manufacturer at 402 Boyer Circle, Williston VT
05495, Attention: TimberCrest Quality Assurance Manager.
B. Other
(i) Owner must notify Manufacturer of any change in ownership of
the home on which the Product)s) are installed within 90 days of
the transfer of title.
(ii) IT IS THE OWNER’S RESPONSIBILITY TO ESTABLISH THE
DATE OF INSTALLATION. The Owner should do this by retaining
any records which would tend to prove when the Product(s) was
installed, including but not limited to: purchase invoices and receipts,
contractor’s billings, service contracts, and building permits.
(iii) Upon reasonable notice, the Owner must allow MANUFACTURER’s
agents to enter the property and building on which the Product(s) is
installed to inspect such Product(s).
This Warranty gives you specific legal rights, and you may also have
other rights which vary from state to state.
For further information, contact:
KP Building Products TimberCrest Quality Assurance Manager
402 Boyer Circle, Williston VT 05495
800-845-6541
TimberCrest i/s a trademark of KP Building Products.
©2006 KP Building Products. All rights reserved.