Use and Care Manual

12
Schluter
®
-DITRA-HEAT
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, Schluter
®
-DITRA-HEAT-DUO, Schluter
®
-DITRA-HEAT-PS, or Schluter
®
-DITRA-HEAT-DUO-PS 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. excess point loading, overvoltage). This
Limited Warranty excludes exterior applications, 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, or (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, Schluter
®
-DITRA-HEAT-DUO, Schluter
®
-DITRA-HEAT-PS, or Schluter
®
-DITRA-HEAT-DUO-PS 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,
Schluter
®
-DITRA-HEAT and Schluter
®
-DITRA-HEAT-DUO Uncoupling Membrane 10-Year
Limited Warranty
1
If there are any conflicting terms between any Written Materials, the most recently updated document shall be deemed to control.