Warranty

LIMITED LIFETIME MATERIAL AND LABOR WARRANTY
Four Seasons Building Products (hereinafter referred to as “FSBP”) warrants
that lattice, patio cover, carport and awning components (hereinafter
referred to as the “Products”) manufactured by FSBP will not peel, blister,
flake, chip, split, rust or crack, subject to the limitations and conditions listed
herein, for the life of the original retail purchaser (steel Products are not
warranted against rust and the term “crack” as used herein shall not include
minute fracturing of the Products which may occur in proper fabrication of
the Products).
This limited lifetime warranty (hereinafter referred to as “Warranty”)
commences on the completed construction date of the Products on the
original purchaser’s property. This Warranty remains in effect for as long as
the owner(s) of the property to which the Products were originally applied
[the “Original Property Owner(s)”] continues to live in and/or own the
property. In the event that there is more than one Original Property Owner,
this Warranty will remain in effect as long as one of the Original Property
Owners is living in and/or owns the property.
This Warranty is TRANSFERABLE by the Original Property Owner(s) to
a subsequent owner(s) of the Products during the first ten (10) years of
Warranty coverage. In the event of transfer of this warranty, the warranty
period shall be ten (10) years from the date of the original installation of
the Products and shall only apply to manufacturing defects in the Products.
NOTICE AND INSPECTION
If you suspect or notice manufacturing defect(s) in your FSBP product, notify
FSBP in writing of the claimed defect(s) within 30 days of discovery of said
defect(s), at the following address, 6450 Caballero Blvd., Buena Park, CA,
90620, Attention Warranty Services. This written notification must include a
description of the defect(s) (to the best of your ability), the exact address of
the installed Products, plus the work order number, date, and name/address/
phone of the contractor who installed the Products. As FSBP must have a
reasonable opportunity to inspect the Products to confirm the defect(s),
do not begin any repairs prior to said inspection. Any repairs or attempted
repair made before inspection by FSBP may void the terms of this warranty.
REMEDIES AND PRORATIONS
If, after inspection by FSBP, it is determined that said defect(s) is covered by
this warranty, FSBP shall have one hundred twenty (120) days to deliver to
you refinished, repaired or new Products to remedy the defective Products
as follows:
1. During the first three (3) years of the warranty period, the Products, at
Metal’s option, will be refinished, repaired or replaced to remedy any
defect at no cost to you.
2. During years four (4) through fifteen (15) of the warranty period, the
Products, at FSBP’s option, will be refinished, repaired or replaced to
remedy any defect at no cost to you other than labor and shipping.
3. From the sixteenth year through the remaining lifetime of the warranty
period, any defective Product, at FSBP’s option, will be refinished,
repaired or replaced, at a cost to the original buyer of 50% of the
current wholesale cost of the defective Product(s). Labor and shipping
charges will be the responsibility of the Original Property Owner
or proper transferee, as the case may be. This shall be the exclusive
remedy for any such defect. FSBP, in any event, shall not be liable for
any shipping, labor (except during the first three years of the warranty
period), removal or installation costs to remedy the defective products.
All replacement material is furnished F.O.B. at our nearest Service
Center.
EXCLUSIONS AND LIMITATIONS
This warranty is strictly limited to the Products outlined herein and shall
only apply to products manufactured by FSBP. FSBP does not control the
installation of its products and cannot be held responsible for consequential
damages caused by misapplication or improper installation, or for damage
done to the product by you or by third parties, by unreasonable use, by the
installer, or by failure to provide necessary and proper maintenance. Defects in
installation are warranted, if at all, by the installers and/or the manufacturers of
related equipment used in the installation.
EXCLUSIONS AND LIMITATIONS (CONT’D)
This warranty shall not be valid or enforceable unless it is registered with
FSBP within thirty (30) days after completion of the original installation of the
product covered hereby and on the registration form attached hereto. If any
statement on the registration from shall be false, if any claimed defect shall
be false, or if the registration form does not contain the true signature of the
property owner, this warranty shall not be valid or enforceable. Repaired,
refinished, restored or replaced Products supplied by FSBP to correct the
defect(s) will only be warranted for the unexpired portion of the original
warranty and shall not be deemed to have been warranted from the date
warranty work was performed or completed. Fading or chalking of any painted
finish, as well as defects caused by condensation on skylights located above
hot tubs, spas or pools are excluded from this warranty. Normal weathering
and aging of existing Products will preclude a perfect color-match of repaired,
refinished, restored or replaced Products.
FSBP reserves the right to discontinue and make changes in any of its Products.
In the event that Products covered by this warranty are not available, FSBP
shall have the right to substitute Products, that at FSBP’ discretion, are of
comparable grade, quality or price. At no time does this warranty confer on
the homeowner the right to repairs, refinishing, restoration or replacement,
without written notice and agreement by a duly authorized representative
of FSBP. Any such work undertaken by the homeowner shall be for its own
account and may result in this warranty becoming null and void.
This limited warranty only applies to Products erected within the United
States, Canada and Mexico, which have been exposed to normal weather and
atmospheric conditions. It does not apply to any failure or defects caused as a
result of acts of God, war, fire, other accidents or casualty, vandalism, radiation,
falling objects, external forces, explosions, riots, civil commotion, harmful
fumes, cement and foreign substances in the atmosphere, blowing sand, dust
particles, hail storm, salt spray due to proximity to the seacoast, chemical spray
in the community where the Products are installed, and damage as a result of
walking over the products.
FSBP is providing this limited lifetime warranty under the provisions of the
Magnuson-Moss Federal Warranty Act; FSBP can not and shall not be liable to
you for breach of any other written or oral express warranties, such as those, if
any, given by sales representatives, dealers, contractors, or installers of FSBP
Products. This instrument covers any and all warranted agreements, express or
implied, between FSBP and the original retail purchaser of the FSBP Products.
No other person is authorized to offer any other warranty, or assume any other
liabilities on behalf of FSBP.
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
PURPOSE ARE LIMITED IN TIME TO THE DURATION OF THIS EXPRESS
WARRANTY. FSBP SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS, WRITTEN,
ORAL OR IMPLIED WARRANTY ON ITS PRODUCTS.
Your EXCLUSIVE REMEDY shall be repair, refinishing, restoration or replacement
only on the terms stated in this warranty; any claims do not extend the duration
of this warranty.
LEGAL RIGHTS
Some states do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you. 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 may vary, from state to
state.
FOUR SEASONS BUILDING PRODUCTS LIMITED LIFETIME WARRANTY REGISTRATION
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