Warranty
P E R M A B A S E
®
b r a n d C E M E N T B O A R D S
2001 Rexford Road, Charlotte, NC 28211
704.365.7300
nationalgypsum.com
110832 Rev. 5/13
L
ifetime
L I M I T E D W A R R A N T Y
R E S I D E N T I A L D W E L L I N G S
(United States and U.S. Territories Only)
LIMITED WARRANTY
National Gypsum Company (“NGC”) warrants to the Purchaser of its PermaBase
Cement Boards which are manufactured and intended for use in a residential
dwelling (the “Product”), and to the owner of any such residential dwelling at the
time the Product is first installed therein (the Owner”) that, subject to the conditions
and limitations set forth below:
1. PermaBase Cement Boards will at the time shipped by NGC be free from defects
in material and workmanship that would make it unsuitable for its intended use
(see www.nationalgypsum.com) (“Defects Warranty”); and
2. PermaBase Cement Boards will not deteriorate, delaminate or cause damage
to the tile installation affixed to it, when exposed to normal conditions of use
including levels of moisture typically found in areas and applications for which
the Product is intended (“Exposure Warranty”).
The term “Purchaser” means an original purchaser of PermaBase Cement Boards
who installs such PermaBase Cement Boards in a residential dwelling.
The term “Owner” means the natural person(s) who is the first owner of and who
resides in the residential dwelling after the Product is installed by the Purchaser.
This warranty will remain in effect for a period of time equal to the life of the
Owner to whom this Limited Warranty is made and so long as such Owner owns
and resides in such residential dwelling.
This warranty may not be transferred or assigned to any other person or entity,
including but not limited to any subsequent purchaser of the Product or subsequent
owner or inhabitant of the residential dwelling.
The term “residential dwelling” means (i) a single-family dwelling or (ii) a single
family residential dwelling that is within a larger structure containing more than one
separate dwelling unit, and in which each such unit is used or occupied, or intended
to be used or occupied, as the permanent home or residence of 1 or more persons,
but shall not include any part of any structure that contains five or more separate
dwelling units.
WARRANTY
This warranty applies only if the following conditions are met:
n The Product is installed in a residential dwelling and is used only as a substrate
for tile;
n Design and installation methods for the Product and the tile for which it serves
as a substrate are in accordance with applicable building codes and applicable
written recommendations and specifications published by NGC;
n The Product has been properly handled and stored at all times according to standard
construction and building material handling practices, and has not been abused
or used for an improper application;
n The problem with the Product is not due to the failure or movement of any
structural or framing members in the residential dwelling, including but not
limited to twisting, bowing or other distortion of such members; other structural
movement or settling of any portion of the building; movement in, failure of or
defects in materials to which the Product is attached or which are attached to it;
causes other than normal residential dwelling use conditions, such as high winds,
tornadoes, hail storms, hurricanes, floods, earthquakes or falling (impact of)
objects, or any acts of God or nature; immersion in water, or sustained pooling
or cascading of water; fire, vandalism, misuse or abuse; or any other cause
beyond National Gypsum’s control as the manufacturer of the Product; and
n The residential dwelling in which the Product is installed, including but not
limited to the tile and grout for which the Product serves as a substrate, is
maintained with reasonable care.
EXCLUSIONS AND LIMITATIONS
This warranty does not cover damage or claims to the extent arising from or relating to:
n Other manufacturers’ products used with PermaBase Cement Boards, including
but not limited to tile, grout, coatings, cladding, coverings, adhering materials,
finishes, or any other items or materials which are applied to, attached to or
installed with or adjacent to PermaBase Cement Boards;
n Mold, mildew, algae, fungus, bacteria or other conditions involving organic growth;
n Damage due to improper or negligent installation or the nature of the design of the
residential dwelling or the structure in which it is located;
n Handling or storage not in accordance with standard building or good industrial practice;
n Any PermaBase Cement Boards which is not installed in a residential dwelling
within 12 months from its date of manufacture;
n Use of PermaBase Cement Boards other than for its intended use;
n A third-party’s actions, omissions or negligence;
n Installations in residential dwellings that have not been maintained with reason-
able care;
n Installation, repair or removal of products attached or applied to PermaBase
Cement Boards, except when such removal or repair is required as a direct result
of a failure of PermaBase Cement Boards to comply with this warranty;
n The performance of other materials applied or attached to, or installed over,
with or adjacent to PermaBase Cement Boards; or
n Impact or pressure damage caused by a person, object or any other force.
PermaBase Cement Boards has natural surface and other characteristics that result
normally from its manufacture and are typical for a product intended as a substrate,
which will not be considered defects or evidence of a breach of this warranty.
This Limited Warranty is the only warranty applicable to PermaBase Cement
Boards and IS IN LIEU OF AND EXCLUDES, AND NGC DISCLAIMS, ALL OTHER
WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. NGC WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, REGARDLESS
OF THE NATURE OR THEORY OF THE CLAIM, OR FOR LOSS OF INCOME OR
PROFITS, DAMAGE TO ANY STRUCTURE, CONTENTS OR OTHER PROPERTY, OR
LOSS OF USE. Some states prohibit the exclusion or limitation of warranties or may
not allow the exclusion or limitation of incidental or consequential damages, so the
above disclaimers may not apply to you. This warranty gives you specific legal rights
and you may also have other rights which will vary depending upon the state.
CLAIMS
All claims under this warranty must be submitted in writing to NGC (from the
Purchaser or the Owner to whom this warranty is made) within thirty (30) days
from the time you discover a problem with PermaBase Cement Boards that you
believe may be a breach of this Limited Warranty. Include a brief description of the
problem with photographs and copies of sales receipts, invoices or other documents
which show the dates of purchase and installation. Mail this information to:
National Gypsum Company
2001 Rexford Road
Charlotte, NC 28211
Attn: Director, Quality Services R&D
NGC shall be provided access to the residential dwelling in which the Product is
installed, for purposes of conducting an inspection. If NGC determines that the
Product in question does not conform to this Limited Warranty, and if the claim was
received by NGC within five (5) years after the Product’s manufacturing date, NGC
will provide reimbursement for the reasonable costs of repair and replacement of the
affected Product and the tile assembly installed on the Product, up to the original
cost to install the affected area of the Product and tile assembly. For claims under
this Limited Warranty received after such 5-year period, NGC will provide reimburse-
ment for the reasonable costs of repair and replacement of the affected panels
and the tile assembly installed on the Product, up to a maximum of two times the
price paid for the Product at the time of purchase for original installation. Such price
must be properly documented by the claimant. THESE REMEDIES SHALL BE THE
EXCLUSIVE REMEDIES FOR ANY CLAIM RELATING TO PERMABASE CEMENT
BOARDS AND REPRESENT THE TOTAL LIABILITY OF NGC FOR ANY CLAIM OF
PROBLEMS OR DEFECTS WITH PERMABASE CEMENT BOARDS, WHETHER BASED
ON THIS LIMITED WARRANTY OR ANY OTHER LEGAL THEORY, INCLUDING
BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY.
No legal action or proceeding complaining of goods sold by National Gypsum
Company or any of its subsidiaries may be brought more than one year after the
date the defect or problem in question is discovered or reasonably should have
been discovered.
Issued February 1999
Revised May 2013