Installation Guide

WARRANTY 27
Schluter
®
-DITRA-HEAT 10-Year Limited Warranty
WARRANTY
COVERAGE AND CONDITIONS: Subject to the conditions and limitations as stated hereinafter, Schluter-Systems* warrants that the
Schluter
®
-DITRA-HEAT system (the “Products”)** will meet all composition and performance criteria for a period of ten (10) years from the date of
purchase only when the Products are used and installed in accordance with the terms and conditions of the Schluter
®
-DITRA-HEAT Installation Handbook
and industry standard guidelines that are not in conflict with the Handbook in effect at the time of installation. Further, efflorescence is considered to be
a natural occurrence with cementitious materials and is therefore not considered to be a defective condition and is not covered by this warranty. 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. It is recommended that the owner consult with an experienced and professional installer. This warranty is conditioned and will be considered null
and void and Schluter
®
-Systems will have the right to refuse any claims if : (a) resulting from faulty installation or improper storage, (b) any Schluter product
comprising the system has been altered or otherwise modified in any way without the prior written authorization of Schluter
®
-Systems, (c) an abusive
or abnormal use, lack of maintenance, improper maintenance or use other than that for which the Product was manufactured, and (d) if the nameplate
numbers have been removed or modified from any applicable parts (wire), and (e) the homeowner/end user fails to return the completed heating cable
tests log (It is required that the heating cable tests log be completed by the installer at time of installation and retained by homeowner, then returned for
any warranty claim.)
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 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. Floor covering assembly is defined to include all
DITRA-HEAT materials (e.g., matting and heating cables), non-reusable flooring 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. This warranty does not cover scratches, dents, corrosion or discoloration caused by excessive
heat, chemical cleaning products and abrasive agents. This warranty does not cover the cost of disconnection or installation.
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,
OVERVOLTAGE, 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 DISCLAIMERS 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, 2014.
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 and completed heating cable tests log, 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 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 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
®
-DITRA-HEAT System (“the Products”): The products are defined to include Schluter
®
-DITRA-HEAT matting and DITRA-HEAT heating cables.