Warranty

THIS LIMITED WARRANTY APPLIES ONLY TO PRODUCTS INSTALLED IN THE FORTY-EIGHT CONTIGUOUS UNITED STATES AND THE FOLLOWING
CANADIAN PROVINCES: BRITISH COLUMBIA, ALBERTA, ONTARIO, SASKATCHEWAN, MANITOBA AND NEW BRUNSWICK. ALL PRODUCTS
INSTALLED IN LOCATIONS WHERE THIS LIMITED WARRANTY DOES NOT APPLY ARE SOLD “AS IS” AND WITHOUT WARRANTY OF ANY KIND,
INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EVERGRAIN
®
DECKING,
ELEMENTS
®
DOCKBOARD, EVERGRAIN
®
DESIGNER RAILING SYSTEM, EVERGRAIN
®
TRADITIONAL RAILING, TAM-RAIL
®
RAILING SYSTEM AND
MARQUEE RAILING
®
LIMITED WARRANTY.
In this Limited Warranty certain capitalized words have specific meanings:
“TAMKO” means TAMKO Building Products, Inc.
“Term” means the period of time the Limited Warranty lasts. The Term begins on
the date of Purchase and continues, unless sooner terminated, for the applicable
period as listed in Table 1.
“Product(s)” means the TAMKO EVERGRAIN Decking, ELEMENTS DockBoard,
EVERGRAIN Designer Railing System, EVERGRAIN Traditional Railing, TAM-RAIL
Railing System, or MARQUEE Railing purchased from a TAMKO authorized dealer.
“Owner” means the owner of the real estate at the time the Products are installed
on that real estate. If you purchase a new residence and are the first person to
occupy the residence, TAMKO will consider you to be the Owner if the Products
are installed as part of the construction of that residence.
“Purchase” means the retail purchase of the Products.
“Full Start Period” means the initial period of the Term during which TAMKO’s
obligation is not prorated. The Full Start Period begins on the date of Purchase
and continues, unless sooner terminated, for the applicable period as listed in Table 1.
“Maximum Obligation” means the obligation of TAMKO described in the
paragraphs titled “TAMKO Full Start Period” and “After the Full Start Period,”
whichever is applicable.
TAMKO Full Start Period: If, during the Full Start Period, the Products that have
been installed in strict accordance with the applicable application instructions
(available at evergrain.com, elementsdockboard.com, tam-rail.com or tamko.com,
or by calling 1-800-641-4691) are determined to have excessive degradation,
split, checked, splintered or suffered termite damage as a direct result of a
manufacturing defect, TAMKO will provide the Owner the cost for replacement
products for the Products determined to be defective and the reasonable cost
of installing replacement products (excluding removal or disposal of Products),
according to the terms of this Limited Warranty. This is TAMKO’s Maximum
Obligation during the Full Start Period.
After TAMKO’s Full Start Period: If, after the end of the Full Start Period, the
Products that have been installed in strict accordance with the applicable application
instructions (available at evergrain.com, elementsdockboard.com, tam-rail.com
or tamko.com, or by calling 1-800-641-4691) are determined to have excessive
degradation, split, checked, splintered or suffered termite damage as a direct result
of a manufacturing defect, TAMKO’s obligation is limited to providing the Owner with
the cost for replacement products for the Products determined to be defective. The
quantity of the replacement product will be prorated over the Term of this Limited
Warranty. This is TAMKO’s Maximum Obligation after the end of the Full Start
Period. TAMKO is not responsible for the cost of labor for installing the replacement
materials after the end of the Full Start Period. Proration shall be determined by
dividing the number of months remaining in the Term by the total number of months
of the Term. For example, if TAMKO is notified of a warranty claim at a time when 80
months remain on the Term in a 240-month Term, TAMKO’s Maximum Obligation is
to provide the cost for one-third of the replacement product. The remaining cost shall
be the responsibility of the Owner.
Products located in higher-traffic areas may show wear earlier than other areas.
Dragging objects across the Products may cause surface scratches. Color
variation occurs naturally in the manufacturing process and, as with natural
lumber, should be expected. Surface wear, scratches, minor degradation and
color variation are not defects and are not covered by this Limited Warranty.
Determination of the suitability and safety of any particular use or application of
the Products is solely the responsibility of the Owner. Building code regulations
vary from area to area. The Owner should consult local building and safety
codes for specific requirements.
TAMKO is not responsible for the cost of labor for installing replacement products
unless otherwise stated in this Limited Warranty. TAMKO is not responsible for the
cost of any materials other than the replacement products (as provided herein)
including without limitation, substructure, supporting structure, fasteners, etc.
TAMKO is not responsible for the cost of removing or disposing of Products which
are to be replaced. Replacement products will be warranted only for the remainder
of the original Term. Tender of the payment for the reasonable cost of the applicable
amount of replacement material and/or labor (if applicable) shall extinguish all
liability of TAMKO under this Limited Warranty and all applicable implied warranties
for such claim.
Notification to TAMKO: The Owner must notify TAMKO by calling
1-800-441-7190 or by certified mail at P.O. Box 1404; Joplin, Missouri
64802-1404 of any claims under this Limited Warranty within thirty (30)
days following discovery of the potential problem. The notice must include
documentary proof of Purchase. Failure of the Owner to notify TAMKO as
provided herein shall extinguish all liability of TAMKO under this Limited
Warranty and all applicable implied warranties.
Right of Inspection and Claim Processing: TAMKO shall have a reasonable
time after notification to process a claim. The Owner shall provide TAMKO with
reasonable access to the Products for purposes of inspection. If requested
by TAMKO, the Owner must complete and deliver to TAMKO, at the Owner’s
expense, a warranty questionnaire, photographs of the Products, proof of
purchase of the Product, an estimate to replace or repair the affected area,
and samples of the Products. If reasonable access is denied or made subject
to unreasonable conditions by the Owner, or if the Owner fails or refuses to
cooperate in TAMKO’s investigation of the claim (such as by failing to provide
sample Products [if requested], proof of purchase, photographs, estimate
or a completed warranty questionnaire), TAMKO’s obligation under this
Limited Warranty shall immediately terminate. If TAMKO determines there are
manufacturing defects covered by this Limited Warranty, TAMKO will have a
reasonable time after receipt of notification to process the Owner’s claim.
Exclusions from Coverage: TAMKO shall not be liable under any
circumstance for:
1. Faulty or improper application of the Products, Products not installed in
strict accordance with TAMKO’s written application instructions, or damages
resulting from such causes.
2. Use of Products in applications not permitted by applicable building codes.
3. Damage to any building or supporting structure, either exterior or interior, or any
property contained therein or for injuries or damages of any kind whatsoever.
4. Removal, reinstallation or disposal of any Products, or for any costs
associated with such, including labor, freight or taxes, unless otherwise
stated in this Limited Warranty.
Page 1
This Limited Warranty may be transferred by the Owner one (1) time during the first five (5) years of the Term
to a Purchaser of the real estate upon which the Products are installed. The transfer must be performed in
accordance with the paragraph entitled “Transferability.” No other transfers are permitted.
Decking and Railing Limited Warranty
Product Term Full Start Period
EVERGRAIN Decking 20 Years 5 Years
ELEMENTS DockBoard 15 Years 5 Years
EVERGRAIN Designer Railing 20 Years 5 Years
EVERGRAIN Traditional Railing 20 Years 5 Years
TAM-RAIL Railing System 25 Years 5 Years
MARQUEE Railing 25 Years 5 Years
TABLE 1
Contractor/Company Date of Installation
Street Address Color Installed
City, State, ZIP Phone
Contractor’s Signature
How Long Will The Product Last: It is natural for the Products to age. The process begins as soon as a Product is installed and exposed to the harsh elements of nature.
The length of time a Product will continue to perform its intended purpose will depend on many factors, including weather, snow, intensity of ultra-violet radiation from the
sun, pollution, debris, treatment and usage. Because no two buildings experience these and other aging factors in the same way, it is difficult to accurately predict the
period of time a Product will last. This Limited Warranty, subject to its terms and conditions, provides you a remedy in the event a manufacturing defect causes a Product
to fail to perform its intended purpose during the Term (as defined below). If your decking or railing should ever exhibit signs of damage or degradation, it should be
replaced or repaired immediately, as this may become a safety hazard. Determination of the suitability and safety of any particular use or application of the Products is
solely the responsibility of the Owner. Building code regulations vary from area to area. The Owner should consult local building and safety codes for specific requirements.