Warranty

PEAK PRODUCTS MANUFACTURING INC. or
PEAK PRODUCTS AMERICA INC. and PEAK CORPORATION
COVERAGE
1. Subject to the following limitations, terms and conditions, Peak Products Manufacturing Inc. warrants to each
individual (hereinafter, the “Owner”) who (i) purchases a Product (as defined herein), (ii) uses the Product solely
for Residential Purposes (as defined herein) and (iii) is a resident of Canada at the time of the purchase of the
Product, and Peak Products America Inc. and Peak Corporation warrants to each individual (hereinafter, the
“Owner”) who (i) purchases a Product (as defined herein), (ii) uses the Product solely for Residential Purposes
(as defined herein) and (iii) is a resident of the United States of America at the time of the purchase of the
Product, that the Product is free from defects in material and workmanship in the course of manufacture and that
the finish on the Product will not chip, peel, flake or blister under conditions of ordinary use and wear for a
period of 20 years commencing from the date of its purchase by the Owner, if installed and maintained according
to the specifications and instructions of Peak Products Manufacturing Inc. or Peak Products America Inc. and
Peak Corporation, as the case may be, (hereinafter, the “Peak Company” and collectively, the “Peak
Companies”). In order to claim under this Warranty, the Owner must provide the applicable Peak Company:
a) prompt written notification of any defect in the Product including a full description of the defect and a
photograph of the same;
b) an original purchase receipt from an authorized Peak Company dealer; and
c) proof, in a form satisfactory to the Peak Company, that each of the other conditions specified herein have been
satisfied.
2. Residential Purposes is defined in this Warranty as the installation of the Product onto a single family detached
housing unit or onto a detached duplex housing unit, as the case may be, that is owned by the Owner and
occupied by him or her as a place of residence and that is not used either in whole or in part as a rental property
or for any other purpose.
3. Product is defined in this Warranty as any one or more components of the PEAK™ Aluminum Railing System
manufactured by or on behalf of the Peak Company.
LIMITATIONS
4. This Warranty covers only genuine Products of the Peak Companies which are purchased by the Owner from
an authorized Peak dealer. This Warranty does not cover damage of any kind resulting from:
a) normal wear, tear, weathering and the damaging effects of sunlight and extremes of weather and atmosphere
that may cause any surface to fade, chalk, or become soiled or stained;
b) claimed defects, malfunctions or failures that result in whole or in part from abuse, misuse, neglect or improper
installation, assembly or maintenance;
c) accidental or intentional damage, collision, crash, impact of foreign objects or vandalism;
d) settlement, structural shrinkage, distortion or expansion of the property or property structure;
e) harmful or corrosive chemicals, including harmful cleaning compounds and pesticides, fumes, or vapours;
f) surface deterioration due to air pollution, seacoast environment, airborne stains, mould, or mildew;
g) warping or distortion due to exposure to excessive heat sources or exposure to unusual or excessive reflective
heat sources;
h) cracking or crazing due to cold temperatures; and
i) fire, lightning, flooding, hurricane, tornado, windstorm, earthquake, hail, other acts of God, or any other causes
beyond the contemplation of the Peak Company.
OTHER LIMITATIONS
5. THIS WARRANTY IS VOID AND NO PEAK COMPANY SHALL HAVE ANY RESPONSIBILITY OR
LIABILITY IF:
a) the Product was not purchased new from an authorized Peak Company dealer;
b) the Product was installed or used with a competitor’s product or system, or used with a product or system not
within the contemplation of the Peak Company;
c) the Product was installed using improper fasteners, methods or techniques, or in nonconformity with
applicable building codes or best building practices; or
d) repairs, modifications, alterations or any changes of any kind were undertaken on the Product without prior
written authorization from the peak company.
6. This Warranty is for the exclusive benefit of the Owner whose property the Product was installed on and is not
transferable.
7. Should the Product be determined by a Peak Company to be covered by this Warranty, the Peak Company will
refund the original purchase price, or repair, replace, or refinish the Product at the sole option of the Peak
Company, whose decision will be conclusive and binding. The Peak Company’s obligations under this Warranty
will in no event exceed the purchase price of the Product found to be defective. Fasteners and the costs of
installation and removal and freight are excluded from this Warranty. Any additional costs and expenses beyond
the original purchase price are the Owner’s sole responsibility and are excluded. In the event of repair,
replacement or refinishing under this Warranty, the Warranty applicable to the replacement material or to the
repaired or refinished product will extend only for the time remaining under the original Warranty.
8. Each Peak Company reserves the right to discontinue or change any design or colour of the Product at any
time and without notice or liability. If, for any reason, the Product of the type originally installed is no longer
available from the Peak Company at the time that the Peak Company acknowledges that a claim will be covered,
the Peak Company may refund the original purchase price or substitute another product determined by the Peak
Company in its sole and absolute discretion to be of comparable quality and price.
9. THIS WARRANTY IS THE OWNER’S EXCLUSIVE REMEDY AND SUPERSEDES ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED. ALL OTHER REMEDIES,
OBLIGATIONS AND CONDITIONS, LIABILITIES, RIGHTS, WARRANTIES AND CONDITIONS,
EXPRESS OR IMPLIED, ARISING AT LAW OR OTHERWISE, INCLUDING ANY WARRANTY OR
CONDITION OF MERCHANTABILITY OR FITNESS, OR ARISING FROM COURSE OF
PERFORMANCE, DEALING OR USAGE OF TRADE, ARE DISCLAIMED BY EACH PEAK
COMPANY AND WAIVED BY THE OWNER. NO PEAK COMPANY SHALL BE LIABLE UNDER
ANY CIRCUMSTANCES FOR ANY SPECIAL, INCIDENTIAL OR CONSEQUENTIAL DAMAGES,
OR ANY LOSSES OF ANY KIND.
10. Some provinces, states and other jurisdictions may not allow some or all of the limitations set forth herein, or
the exclusion or limitation of incidental or consequential damages. If any provision is found to be unenforceable,
only that provision shall be stricken and all others shall apply. This Warranty does provide the Owner with
certain legal rights and recourse and the Owner may possess other rights or recourse, depending on the province,
state or other jurisdiction.
11. This Warranty shall be governed and construed in accordance with the laws of the Province of British
Columbia, excluding its conflict of laws rules, and the Owner irrevocably attorns to the exclusive jurisdiction of
the courts of the Province of British Columbia in the event of any proceeding or dispute under this Warranty.
SUBMITTING A CLAIM
12. If the Product appears to be defective, please write to the applicable Peak Company at P.O. Box 96060
Richmond, British Columbia, Canada V7A 5J4 enclosing the documentation specified in Section 1, above.
INSTALLATION AND MAINTENANCE
13. It is essential to fully read and follow the installation and maintenance instructions which accompany the
Product. Failure to do so may result in damage or injury, for which the Peak Companies accept no responsibility.
28 JULY 2011
LIMITED WARRANTY