Warranty

Richmond / TimberCrest Plus / Majestic/ Harbor Ridge Plus
ColorGuard Vinyl Siding Limited Transferable Warranty
Congratulations on your purchase of TimberCrest Plus Vinyl Siding from KP Building
Products.TimberCrest Plus is manufactured to the highest quality standards and
designed to last for decades. Your siding is very low maintenance and typically only
requires an occasional washing with soapy water.
1. Warranty Coverage
A. Coverage: This warranty applies to the original retail purchaser (“Purchaser”) of
TimberCrest Plus vinyl siding and accessories (the “Product(s)”) and to any owner of a
building on which the Product(s) is originally installed “owner”.
“(Purchaser and owner collectively referred to as “Owner”)”.
B. Warranty: We warrant that our Product(s), when applied in residential applications in
the United States and Canada (including prefabricated residences located or to be located
on a permanent building site) will remain free from peeling, aking, rusting, blistering
or rotting ( “Nonconformities”). IF THE PRODUCT DOES NOT COMPLY WITH THIS
LIMITED WARRANTY, OUR LIABILITY IS LIMITED TO THE REPAIR OR REPLACEMENT
PROVISIONS SET FORTH IN SECTION 4 BELOW.
C. Fade Resistance: We also warrant, to the original retail purchaser only, that TimberCrest
Plus vinyl siding will resist excessive fading from normal and expected weathering and
exposure to exterior elements for 50 years. For the purposes of this warranty, excessive
fading is dened as a loss of color,
after cleaning with a recommended solution, in excess
of a Delta E of 3 color units as measured by an industry standard color measurement
device.
D. Hail Damage: In the event of damage by hail the owner should report the damage
to his or her homeowners insurance company to pursue coverage under a homeowners
insurance policy. To the extent Product(s) damaged by hail is not covered by the
homeowner’s insurance policy, we warrant to the original retail purchaser only that it
will provide replacement material only for the damaged Product(s). The owner shall be
responsible for the payment of all installation, labor, freight costs, and for the purchase of
any additional siding intended to replace undamaged Product(s).
E. Warranty Term: If the original purchaser of the Product(s) is an individual, the term for
the warranty provided under Section 1.B will be that original purchaser’s lifetime. If the
original purchaser of the Product(s) is not an individual, the warranty term will be deemed
to be 50 years. The warranty period for any Product(s) repaired or replaced under this
Warranty shall be equal to the remaining warranty period applicable to any Product(s)
originally installed on the residence.
2. Warranty Transfer
This warranty, except for the fade resistance and hail damage warranties in
Sections 1C
and 1D respectively, may be transferred to the subsequent owner of the residence where
the Product(s) has been installed if we are notied of change in ownership within ninety
(90) days of the change. Failure to notify us of change in ownership shall relieve us of
all further obligation hereunder. Upon change in ownership of the residence where the
products were originally installed and our receipt of timely notice of change of ownership,
the warranty period shall be xed at fty (50) years from the date of original installation.
3. Exclusions from Warranty Coverage
THIS EXPRESS WARRANTY PROVIDES A REMEDY ONLY FOR THE NONCONFORMITIES
REPORTED AND CONFIRMED IN ACCORDANCE WITH SECTION 7 BELOW.
DISCOLORATION CAUSED BY AIR POLLUTION, EXPOSURE TO HARMUFUL CHEMICALS,
EXPOSURE TO THE ELEMENTS OR NORMAL WEATHERING WITHIN THE RANGE
SET IN SECTION 1C ARE NOT COVERED BY THIS WARRANTY. IN ADDITION, THIS
WARRANTY DOES NOT PROVIDE A REMEDY FOR DAMAGE TO THE PRODUCT(S)
CAUSED BY:
a. (1) MISUSE OR IMPROPER HANDLING, INSTALLATION OR MAINTENANCE; (2)
ALTERATIONS TO THE STRUCTURE AFTER THE ORIGINAL INSTALLATION OF THE
PRODUCT(S); (3) ACTS OF GOD, SUCH AS LIGHTNING, WIND STORM, HURRICANE,
TORNADO, EARTH-QUAKE, FLOOD OR OTHER SIMILAR SEVERE WEATHER OR
SIMILAR NATURAL PHENOMENA; (4) DESIGN, APPLICATION OR CONSTRUCTION OF
THE STRUCTURE IN WHICH THE PRODUCT(S) ARE INSTALLED; OR (5) TRANSPORT,
STORAGE OR HANDLING OF THE PRODUCT(S) PRIOR TO INSTALLATION.
b. PRODUCT(S) NOT INSTALLED IN COMPLIANCE WITH ALL APPLICABLE BUILDING
CODES AND/OR NOT INSTALLED AND MAINTAINED ACCORDING TO THE THEN
CURRENT VINYL SIDING INSTITUTE INSTALLATION GUIDE.
c. INSTALLATION WORKMANSHIP.
d. ANY PRODUCT(S) WHICH IS PAINTED.
e. MISINSTALLATION OF ANOTHER PRODUCT ON THE SAME WALL.
f. USE OF ACCESSORIES WHICH DO NOT PROPERLY RECEIVE AND /OR SECURE THE
PRODUCT(S) TO THE WALL.
g. IMPACT OF FOREIGN OBJECTS.
h. DAMAGE RESULTING FROM FAILURE TO COMPLY WITH OUR INSPECTION AND
MAINTENANCE REQUIREMENTS AND INSTALLATION INSTRUCTIONS.
i. FAILURE OF OR DAMAGE TO THE WALL ON WHICH THE PRODUCT(S) WERE
INSTALLED CAUSED BY MOVEMENT, DISTORTION, CRACKING OR SETTLING OF THE
WALL OR THE BUILDING FOUNDATION.
J. W ARPING OR DISTORTION FROM EXCESSIVE HEAT SOURCES OR EXPOSURE TO
UNUSUAL OR EXCESSIVE REFLECTIVE HEAT SOURCES .
4[RCL1]. Exclusion of Implied Warranties; No Other Express Warranties
THIS WARRANTY IS THE ONLY WARRANTY APPLICABLE TO THIS PRODUCT(S) AND
EXCLUDES ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR
ANY WARRANTIES OTHERWISE ARISING FROM THE COURSE OF DEALING OR USAGE
OF TRADE OR ADVERTISING,
EXCEPT WHERE SUCH WARRANTIES ARISE UNDER
APPLICABLE CONSUMER PRODUCT WARRANTY LAWS AND CANNOT LAWFULLY BE
DISCLAIMED, IN WHICH EVENT SUCH WARRANTIES ARE LIMITED TO SUCH SHORTER
PERIOD AS PERMITTED OR REQUIRED UNDER APPLICABLE LAW.
Some states and provinces do not allow limitations on how long an implied warranty lasts,
so the above limitations may not apply to you.
NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON OUR
BEHALF WITH RESPECT TO THIS PRODUCT(S).
5. Remedies
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 WE BE LIABLE TO ANY PERSON FOR AN AMOUNT GREATER
THAN THE VALUE OF THE REPAIR OR REPLACEMENT OF THE PRODUCT.
IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, MULTIPLE,
PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FRO
M 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 OUR 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 US.
A. Warranty Claims Process
(i) 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 TimberCrest Plus, KP Building
Products Inc. at 402 Boyer Circle, Williston,
VT 05495, Attention: Quality Assurance
Manager. In addition, all of the following items must be submitted at owners expense:
proof of purchase, proof of ownership, photos of siding, sample of product containing
the run number.
B. Other
(i) Owner must notify us 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. When required owners shall
be responsible to submit all documentation and siding samples at owners expense.
(iii) Upon reasonable notice, the owner must allow our agents to enter the property and
building on which the Product(s) is installed to inspect such Product(s). ABTCO agents
will visit the property upon notice and only when deemed necessary as determined solely
by ABTCO.
This Warranty gives you specic legal rights, and you may also have other rights which vary
from state to state or province to province.
For further information, contact:
KP Building Products Inc
402 Boyer Circle
KP Warranty Claims
Williston, VT 05495
800-866-850-4447
Eective Date As Of July 1, 2018
THIS SECTION PROVIDES FOR THE SOLE REMEDY AVAILABLE TO THE
PURCHASER OR
OWNER FROM US FOR ANY NONCONFORMITY IN THE PRODUCT(S). "In the event of any
Nonconformity covered by this or any implied warranty not disclaimed in Section 4, we will,
at our sole option either repair, restore or replace or damaged ABTCO vinyl siding and
ABTCO vinyl accessories including a labor allowance. Labor allowances are at the sole
discretion of ABTCO and will be paid at rates established by ABTCO. WE MAY
DISCONTINUE, MODIFY OR CHANGE THE COLOR OF ANY PRODUCT(S) WITHOUT
NOTICE AND SHALL BEAR NO LIABILITY FOR ANY SUCH COLOR CHANGE. IF WE AGREE
TO REPLACE PRODUCT(S) UNDER THIS WARRANTY AND AN EXACT REPLACEMENT
PRODUCT IS NOT AVAILABLE, WE MAY SUBSTITUTE ANOTHER PRODUCT WE DEEM TO BE
EQUIVALENT IN VALUE AND QUALITY.