Installation Guide

WARRANTY 35
COVERAGE AND CONDITIONS: Subject to the conditions and limitations as stated hereinafter, Schluter
®
-Systems* warrants that
Schluter
®
-DITRA or Schluter
®
-DITRA-XL (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 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.
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 or DITRA-XL materials, 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.
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 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, 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 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 & Schluter
®
-DITRA-XL 10-Year Limited Warranty
WARRANTY