Warranty

Schluter Systems L.P. • 194 Pleasant Ridge Road, Plattsburgh, NY 12901-5841 • Tel.: [phone] • Fax: [phone] • [e-mail]
Schluter Systems (Canada) Inc. • 21100 chemin Ste-Marie, Ste-Anne-de-Bellevue, QC H9X 3Y8 • Tel.: [phone] • Fax: [phone] • [e-mail]
www.schluter.com
Schluter
®
-Systems Movement Joints and Cove-Shaped Profiles 5-Year Limited Warranty
COVERAGE AND CONDITIONS: Subject to the conditions and limitations as stated hereinafter, Schluter
®
-Systems* warrants that Schluter
®
-Systems
Movement Joints and Cove-Shaped Profiles (the “Products”)** will be free from manufacturing defects for a period of five (5) years from the date of
purchase and only when the Products are used and installed in accordance with the terms and conditions of the Schluter
®
-Systems Movement Joints and
Cove-Shaped Profiles Technical Data Sheet and industry standard guidelines that are not in conflict with the data sheet in effect at the time of installation. It is
the responsibility of the owner/builder/installer to ensure the suitability of all building materials and all associated building materials for the owner’s intended use.
Visual defects or nonconformities apparent prior to installation are not covered by this warranty. Further, this warranty does not cover normal wear and tear or
other damage (e.g., scratches, discoloration, fading, etc.) caused by impacts or accidents. Consumable parts of Products are warranted, at the time of sale,
only against defects in workmanship or materials that prevent their use. Consumable parts are goods reasonably expected to be used up or damaged during
normal use, including but not limited to replaceable movement zones. It is recommended that the owner consult an experienced and professional installer.
RESOLUTION: If the Products fail to meet this warranty, then the owner’s exclusive remedy and the sole obligation of Schluter
®
-Systems, at its election,
shall be to a) reinstall or replace the failed portion of the tile assembly or b) pay an amount not to exceed the original square foot cost of the installation of the
tile assembly verified to be defective. Tile assembly is defined to include all Schluter
®
-Systems Movement Joints and Cove-Shaped Profiles, non-reusable
tile surfaces, and the appropriate setting and grouting materials. Further, due to conditions beyond the control of Schluter
®
-Systems (e.g., color and shade
availability, discontinuation, normal wear and tear), Schluter
®
-Systems cannot guarantee or warrant an exact match to the specific tile, stone, or other flooring
materials used in the installation. In such events, substantially similar materials may be substituted.
DISCLAIMER: THERE ARE NO WARRANTIES BEYOND THIS EXPRESSED WARRANTY AS STATED ABOVE. ALL OTHER WARRANTIES, REPRESENTATIONS
OR CONDITIONS, EXPRESSED OR IMPLIED, ARE DISCLAIMED AND EXCLUDED, INCLUDING WARRANTIES, REPRESENTATIONS OR CONDITIONS OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING BY STATUTE OR OTHERWISE BY LAW OR FROM A COURSE OF DEALING OR
USAGE OF TRADE. SCHLUTER
®
-SYSTEMS EXCLUDES AND IN NO EVENT SHALL HAVE ANY LIABILITY FOR LOST PROFITS OR ANY OTHER INDIRECT,
SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR OTHERWISE CONNECTED TO FAILURE OF THE
PRODUCTS OR FLOORING SYSTEM OF WHICH THEY ARE PART, NOR MISUSE OF THE PRODUCTS OR FLOORING SYSTEM, REGARDLESS OF ANY
STRICT LIABILITY, ACTIVE OR PASSIVE NEGLIGENCE OF SCHLUTER
®
-SYSTEMS, AND REGARDLESS OF THE LEGAL THEORY (CONTRACT OR TORT OR
EXTRA-CONTRACTUAL OR OTHER), NOR FROM ACTS OF WAR, TERRORISM, FAULTY AND NEGLIGENT PENETRATION OF THE SYSTEM, FIRES,
EXPLOSIONS, ACTS OF GOD, INTENTIONAL ACTS OF DESTRUCTION OR ANY LOSSES DUE TO STRUCTURAL FAILURE OR OTHER CAUSES
UNRELATED TO THE PRODUCTS OR DELAYS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY IS GIVEN IN LIEU OF
ANY OTHER WARRANTY EXPRESSED OR IMPLIED. THE REMEDIES CONTAINED HEREIN ARE THE ONLY REMEDIES AVAILABLE FOR BREACH OF THIS
WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, SOME STATES AND PROVINCES DO NOT ALLOW DISCLAIMERS OR
OTHER RESTRICTIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
TRANSFERABILITY: This Limited Warranty extends ONLY to the original end user (defined as original intended owner and user of the property/unit in which
the installation is incorporated - herein referred to as “Owner”) and is not transferable or assignable, unless approved in writing by the Technical Director or an
Officer of Schluter
®
-Systems or otherwise prohibited by specific state or provincial law.
MODIFICATIONS TO WARRANTY: No changes or modification of any terms or conditions of this warranty are allowed unless authorized by written
agreement and signed by the Technical Director or an Officer of Schluter
®
-Systems.
EFFECTIVE DATE: This warranty shall supersede and replace any and all prior oral or written warranties, agreements, or other such representations made by or
on behalf of Schluter
®
-Systems relative to the Products or the application of the Products and shall apply to any installation occurring on or after January 1, 2013.
CLAIMS ON THIS LIMITED WARRANTY: To make a claim under this Limited Warranty, the owner must provide Schluter
®
-Systems with written notice within
30 days of any alleged defect in the Products covered by this Limited Warranty, together with date and proof of purchase of the Products, proof of the costs
of the original installation and name and address of all installers, failing which this Limited Warranty shall be of no legal effect. Schluter
®
-Systems reserves the
right at its election and as a condition of this Limited Warranty to inspect the alleged failed and defective condition.
All U.S. Claims shall be sent to: All Canadian Claims shall be sent to:
Schluter Systems L.P. Schluter Systems (Canada), Inc.
Attn: Warranty Claims Dept. Attn: Warranty Claims Dept.
194 Pleasant Ridge Road 21100 chemin Ste-Marie
Plattsburgh, NY 12901-5841 Ste-Anne-de-Bellevue, QC H9X 3Y8
*For the purpose of this warranty Schluter Systems, L.P. shall provide the warranty for all products for end users located in the United States, and
Schluter Systems (Canada) Inc. shall provided provide the warranty for all products for end users located in Canada. This warranty is limited to sales of the
Products made in and intended for use in the United States and Canada.
**Schluter
®
-Systems Movement Joints and Cove-Shaped Profiles (the “Products”): The Products are defined to include all Schluter
®
-Systems
Movement Joints and Cove-Shaped profiles referred to in the Schluter
®
-Systems Movement Joints and Cove-Shaped Profiles Data Sheet.