Shower Installation Guide

WARRANTY 39
COVERAGE AND CONDITIONS: Subject to the conditions and limitations as stated hereinafter, Schluter-Systems* warrants that the
Schluter
®
-Shower 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
®
-Shower System
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 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
®
-KERDI
products, 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 covering 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, NOR MISUSE
OF THE PRODUCTS OR FAILURE TO PROPERLY MAINTAIN THE SHOWER OR BATHTUB SURROUND. 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 PRODUCT 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 Product or the application of the Product 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.
*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 product made in and intended for use in the United States and Canada.
**Schluter
®
-Shower System (the “Products”): The products are defined to include all Schluter
®
-KERDI products referred to in the
Handbook and used in the integrated Schluter
®
-Shower System.
Schluter
®
-Shower System 10-Year Limited Warranty
WARRANTY
All U.S. Claims shall be sent to:
Schluter Systems L.P.
Attn: Warranty Claims Dept.
10 Werner Schluter Way
Plattsburgh,NewYork12901
All Canadian Claims shall be sent to:
Schluter Systems (Canada), Inc.
Attn: Warranty Claims Dept.
21100 chemin Ste-Marie
Ste-Anne-de-Bellevue,QCH9X3Y8