Installation Guide

WARRANTIES 41
Schluter
®
-DITRA-HEAT and Schluter
®
-DITRA-HEAT-DUO 10-Year Limited Warranty
LIMITED WARRANTY COVERAGE: Subject to the conditions and limitations as stated in this Schluter
®
-DITRA-HEAT and Schluter-DITRA-HEAT-DUO
Uncoupling Membrane 10-Year Limited Warranty (the “Limited Warranty”), Schluter Systems warrants that its Schluter
®
-DITRA-HEAT and Schluter-DITRA-HEAT-
DUO uncoupling membranes (the “Products”) will be free from manufacturing defects and will perform as described in the Schluter
®
-DITRA-HEAT Installation Handbook
and Schluter
®
-DITRA-HEAT Technical Data Sheet (collectively, the “Written Materials”
1
) for a period of ten (10) years from the date of purchase when installed and used
in accordance with the terms and conditions of the Written Materials and industry standard guidelines that are not in conflict with the Written Materials in effect at the
time of installation.
For the purposes of this Limited Warranty, “Owner” is defined as the original end user of the property in which the Products are installed; and “Floor Covering
Assembly” is defined to include the Products, non-reusable flooring surfaces, and applicable setting and grouting materials.
This Limited Warranty is only applicable to installations in the United States of America and Canada. Schluter Systems is not responsible or liable under any circumstances
for determining the suitability of the Products for the Owner’s intended purpose. It is the responsibility of the Owner to consult with an experienced and professional installer
to ensure the suitability of the Products, subfloor/substrate and all building materials in the installation and that the Written Materials are followed properly.
RESOLUTION: If the Products are installed and used in accordance with the terms and conditions as described hereinabove and such Products are proven defective
within the applicable warranty term, 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 Floor Covering Assembly or (b) pay an amount not to exceed the original square foot cost of the installation of the Floor Covering Assembly verified to be
defective. 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 original installation. In such event, substantially similar materials may
be substituted. This Limited Warranty does not cover the cost of disconnection or installation.
EXCLUSIONS FROM COVERAGE: This Limited Warranty excludes and in no event shall Schluter Systems have any liability for any indirect, special, incidental, punitive,
exemplary, or consequential damages, including lost profits, arising out of or otherwise connected to the failure of the Products, regardless of any strict liability or active or
passive negligence of Schluter Systems, and regardless of legal theory, whether in contract, tort, extra-contractual or other. This Limited Warranty further excludes any loss
or damage arising out of or otherwise connected to: acts of war, terrorism, fire, explosion, natural disaster, acts of God, any failure to comply with the Written Materials,
inadequate subfloor/substrate, improper preparation or other failure of subfloor/substrate, faulty or negligent penetration of the Products or subfloor/substrate, intentional
acts of destruction, structural failure, misuse of or failure to maintain the Products, normal wear and tear, scratches, dents, corrosion or discoloration (whether caused
by excessive heat, chemical cleaning products, abrasive agents or otherwise), efflorescence and shading which are a natural occurrence with cementitious materials
and are not considered a defective condition for the purposes of this Limited Warranty, variations of texture, color or shade from those on product samples, packaging
materials or other marketing materials, or other causes unrelated to the Products (e.g. floor covering failure, excess point loading, overvoltage). This Limited Warranty
excludes exterior applications and applications utilizing glass tile or other non-approved floor coverings, unless specifically approved in writing on a case by case basis by
the Schluter Systems Technical Services Director.
This Limited Warranty is conditioned and will be considered null and void and Schluter Systems will have the right to refuse any claims if: (a) the Products have been
improperly stored or installed, (b) the Products are subject to abusive or abnormal use, lack of maintenance, or used in a manner other than that for which the Products
were designed or in any way contrary to the Written Materials , or (c) any non-Schluter heating cable is installed with Schluter
®
-DITRA-HEAT or Schluter
®
-DITRA-HEAT-
DUO uncoupling membrane.
DISCLAIMER: There are no warranties beyond this expressed warranty as stated herein. To the extent permitted by law, all other warranties, representations or
conditions, expressed or implied, are hereby disclaimed and excluded, including but not limited to the implied warranties of MERCHANTABILITY or FITNESS FOR A
PARTICULAR PURPOSE (as limited to such purposes as described in the Written Materials) or arising from a course of dealing, usage of trade or otherwise by law.
ANY IMPLIED WARRANTIES ARISING BY OPERATION OF LAW ARE LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY. NO REPRESENTATION,
PROMISE, AFFIRMATION OR STATEMENT BY ANY EMPLOYEE OR AGENT OF SCHLUTER SYSTEMS WILL BE ENFORCEABLE AGAINST SCHLUTER SYSTEMS
UNLESS IT IS SPECIFICALLY INCLUDED IN THIS LIMITED WARRANTY OR AUTHORIZED IN WRITING BY THE SCHLUTER SYSTEMS TECHNICAL SERVICES
DIRECTOR. This Limited Warranty is given in lieu of any other warranty, whether expressed or implied. The remedies contained herein are the only remedies available for
breach of this Limited Warranty. Schluter Systems excludes and in no event shall have any liability for any indirect, special, incidental, punitive, exemplary, or consequential
damages, including lost profits, arising out of or otherwise connected to failure of a DITRA-HEAT System. This Limited Warranty extends only to the Owner and is not
transferable or assignable unless authorized by written agreement and signed by the Schluter Systems Technical Services Director or otherwise prohibited by specific
state or provincial law. This Limited Warranty gives you specific legal rights; some states and provinces do not allow disclaimers or other restrictions of implied warranties;
some of the above disclaimers may not apply to you. No changes or modifications of any terms or conditions of this Limited Warranty are permitted unless
duly authorized in writing by the Schluter Systems Technical Services Director. This Limited Warranty shall supersede and replace any and all prior oral or written
warranties, agreements, or other 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 March 13, 2019. If the Schluter
®
-DITRA-HEAT or Schluter
®
-DITRA-HEAT-DUO uncoupling membrane are used in conjunction with
other Schluter products, a different Schluter warranty may apply. For the most current information and materials regarding Schluter Systems warranties and programs,
please visit https://www.schluter.com/schluter-us/en_US/downloadfiles.
MAKING A CLAIM: To make a claim under this Limited Warranty, the Owner must provide Schluter Systems
2
with written notice within thirty (30) days of any alleged
defect in the Products covered by this Limited Warranty, together with date and proof of purchase of such Products and/or all of its components and name and address
of all installers and all invoices related to the original installation, failing which this Limited Warranty shall have no legal effect
3
. Schluter Systems reserves the right at its
election and as a condition of this Limited Warranty to inspect the alleged failed and/or defective Products.
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 Ste-Anne-de-Bellevue, QC H9X 3Y8
1
If there are any conflicting terms between any Written Materials, the most recently updated document shall be deemed to control.
2
This Limited Warranty is limited to sales of the Products made in and intended for use in the United States and Canada. For the purposes of this Limited Warranty,
Schluter Systems L.P. shall offer warranty coverage to Owners located in the United States, and Schluter Systems (Canada) Inc. shall offer warranty coverage to Owners
located in Canada.
3
In the event that Owner fails to provide such required invoices relating to the original installation, Schluter Systems shall pay Owner an amount equal to the average,
reasonable costs of a comparable installation. If the parties fail to agree on such amount, such dispute shall promptly, and in the first instance, be submitted: (a) if a U.S.
claim, to arbitration in Clinton County, New York, in accordance with the rules of the American Arbitration Association, or (b) if a Canadian claim, in the Province of Quebec,
Canada, in accordance with the ADRIC Arbitration Rules. Any outcome of such arbitration proceeding shall be final and binding upon the parties hereto.