Schluter-KERDI Technical Data Sheet

WATERPROOFING MEMBRANES
5
Schluter
®
-KERDI and Schluter
®
-KERDI-DS 10-Year Limited Warranty
COVERAGE AND CONDITIONS: Subject to the conditions and limitations as stated hereinafter, Schluter-Systems* warrants that Schluter
®
-KERDI
or Schluter
®
-KERDI-DS (the “Product”) will be free from manufacturing defects and will not rot, deteriorate or break down for a period of ten (10) years
from the date of purchase only when the Product is used and installed in accordance with the terms and conditions of the Schluter
®
-Systems Waterproofing
Membranes Technical Data Sheet and industry standard guidelines that are not in conflict with the Data Sheet 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 Product fails 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 or Schluter
®
-KERDI-DS materials, 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 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 PRODUCT OR TILE ASSEMBLY OF WHICH IT IS PART, NOR MISUSE OF
THE PRODUCT OR TILE ASSEMBLY, 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 Product covered by this Limited Warranty, together with date and proof of purchase of the Product, 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 Product
made in and intended for use in the United States and Canada.