Warranty

Fiberon Stain and Fade Limited Warranty
FIB–0293-LIT Rev A 0814
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(including but not limited to flooding, hurricane, tornado, wind, earthquake, lightning, hail, etc.); (6) discoloration,
fading, spotting or staining from or caused by mold, mildew, metallic oxides or particles (including but not limited to
rust or corrosion of any fasteners), dirt, other atmospheric or environmental pollutants, foreign substances such as
grease or oil, chemicals (including but not limited to those found in cleaners), or normal weathering (defined as
natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any colored surface to
gradually fade, flake, chalk, or accumulate dirt or stains); (7) damage resulting from casualty, fire or exposure to heat
sources such as cooking devices or retro-reflective surfaces; (8) the application of improper paints, stains, surface
treatments or other chemical substances including but not limited to non-recommended cleaners or pesticides; (9)
fading, flaking or other deterioration of any paints, stains or other coatings placed on the Fiberon Products; (10)
climate change or any other cause beyond the control of Fiberon; (11) variations or changes in color of Fiberon
Products; (12) improper handling, maintenance, storage, abuse or neglect of Fiberon Products by Purchaser or
others; (13) ordinary wear and tear; (14) impact from objects; or (15) any fasteners not supplied or approved by
Fiberon.
c. Additional Terms and Limitations.
The suitability of the Fiberon Products for Purchaser’s property for the installation and use of the Fiberon Products,
including but not limited to whether the Fiberon Product meets the requirements of any applicable building or safety
code or similar regulation relating to Purchaser’s property, is the responsibility of the Purchaser and/or its design
professionals, and not that of Fiberon. Fiberon does not provide architectural or engineering services. Fiberon makes
no express or implied warranty or representation as to the suitability of the Fiberon Products for, or actual
performance, capabilities or operation of the Fiberon Products at, Purchaser’s property or under the conditions of
Purchaser’s use.
Without limitation on any other provision of this Limited Warranty, all warranties, whether express or implied, are void
if any one or more of the following applies or occurs: (i) the Fiberon Product is not installed, maintained and/or used
strictly in accordance with Fiberon’s written installation, maintenance and use instructions, and all applicable laws,
codes and regulations; (ii) misuse of the product, whether foreseeable or unforeseeable; (iii) failure of proper and
timely maintenance or repair; (iv) failure to provide timely notice to Fiberon of any failure or defect of the Fiberon
Product; or (v) use of fasteners other than the Fiberon branded fasteners or approved hidden fasteners listed on
www.fiberondecking.com if it is determined that deck board failures resulted from the use of non-approved fasteners.
4. BINDING ARBITRATION AND CLASS ACTION WAIVER IF YOU LIVE IN THE UNITED STATES
This section applies to any dispute between you and Fiberon relating to your Fiberon Product. "Dispute" will be given
the broadest possible meaning allowable under law.
4.1. Notice of Dispute. In the event of a dispute, you must give Fiberon a Notice of Dispute, which is a written
statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the
dispute, and the relief requested. You must send any Notice of Dispute by U.S. Mail to Fiberon, Consumer and
Technical Support Department, 181 Random Dr. New London, NC 28127. You will attempt to resolve any dispute
with Fiberon through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days,
you may commence arbitration.
4.2. Small Claims Court. You may also litigate any dispute in small claims court in your county of residence, if the
dispute meets all requirements to be heard in the small claims court. You may litigate in small claims court whether or
not you negotiated informally first.
4.3. BINDING ARBITRATION. IF YOU AND FIBERON DO NOT RESOLVE ANY DISPUTE BY INFORMAL
NEGOTIATION OR IN SMALL CLAIMS COURT, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE
CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR
PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY.
Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a
limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may
enforce the arbitrator's award.
4.4. CLASS ACTION WAIVER. Any proceedings to resolve or litigate any dispute in any forum will be
conducted solely on an individual basis. Neither you nor Fiberon will seek to have any dispute heard as a
class action, private attorney general action, or in any other proceeding in which either party acts or
proposes to act in a representative capacity. No arbitration or proceeding will be combined with another
without the prior written consent of all parties to all affected arbitrations or proceedings.