Warranty

NewTechWood Commercial Limited Warranty / v20170720 5
in colour of NewTechWood products, (xiv) improper handling, maintenance, storage, abuse or neglect of
NewTechWood products by Purchaser or any other party, (xv) ordinary wear and tear, (xvi) impact from
objects or (xvii) any fasteners not supplied or approved by NewTechWood.
3.6 No warranty is given with respect to any fasteners other than the NewTechWood Fasteners. Other
fasteners, whether approved fasteners or otherwise, are subject to only the warranties provided by the
manufacturer of the fastener and Purchaser’s sole warranty and remedy is with that manufacturer.
3.7 Purchaser and/or Purchaser’s contractor or representative is solely responsible for determining
the suitability of any NewTechWood products for Purchaser’s property and for the installation and use
of any NewTechWood products. Purchaser and/or Purchaser’s contractor or representative shall be
solely responsible for determining whether the NewTechWood product meets the requirements of
any applicable building or safety code or similar regulation relating to Purchaser’s property. Purchaser
acknowledges that NewTechWood does not provide architectural or engineering services. NewTechWood
makes no express or implied warranty or representation as to the suitability of the NewTechWood
Products for, or actual performance, capabilities or operation of the NewTechWood Products at,
Purchaser’s property or under the conditions of Purchaser’s use.
3.8 All warranties provided by NewTechWood, whether express or implied, and including the Limited
Warranty, are void if any one or more of the following applies or occurs: (i) the NewTechWood product is
not installed, maintained and/or used strictly in accordance with NewTechWood’s written instructions, (ii)
the NewTechWood product is not installed in accordance with all applicable laws, codes and regulations;
(iii) the intentional or unintentional misuse of the NewTechWood product, whether foreseeable or
unforeseeable; (iv) the failure of Purchaser to properly and/or timely maintain or repair the NewTechWood
product; (v) the failure by Purchaser to provide timely notice to NewTechWood of any failure or defect
of the NewTechWood product; or (vi) use of fasteners other than the NewTechWood branded fasteners
or approved hidden fasteners listed on www.newtechwood.com to the extent that the NewTechWood
product failures resulted from the use of non-approved fasteners.
4. BINDING ARBITRATION AND CLASS ACTION WAIVER IF PURCHASER IS IN THE
UNITED STATES
4.1 This section applies to any dispute between you and NewTechWood relating to your NewTechWood
product which is not resolved as part of the warranty claim process. Purchaser may not proceed
with any dispute resolution alternatives until and unless NewTechWood and Purchaser fail to resolve
Purchaser’s claims during the warranty investigation process. “Dispute” will be given the broadest
possible meaning allowable under law.
4.2 In the event of an unresolved warranty claim, Purchaser must provide written notice to
NewTechWood. Such written notice must (i) include a written statement of the facts, (ii) provide the
name, address and contact information of the party giving it and (iii) the relief requested. You must send
any Notice of Dispute by registered mail to Huidong Meixin Plastic Lumber Products Manufacturing Co.,
Ltd, Claims Department, NGA Industrial Park Daling, Huidong Guangdong, PRC, Zip Code: 516321, Email
:[e-mail]. Purchase and NewTechWood agree to attempt resolution of such dispute
through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days,
Purchaser is authorized to commence arbitration.
4.3 BBINDING ARBITRATION. IF YOU AND NEWTECHWOOD DO NOT RESOLVE ANY DISPUTE BY INFORMAL