Warranty
5. Variations in uniformity of color, variations or natural changes in color,
weathering, color fading and natural efflorescence are not covered unless
otherwise stated in this Limited Warranty.
6. Staining or discoloration due to foreign substances including, but not limited
to food, beverages, dirt, oil, grease and chemicals found in cleaners not
approved for use in TAMKO’s written care and cleaning instructions for
Products.
7. Environmental conditions including, but not limited to, air pollution, mold
and mildew.
8. Damages resulting from Acts of God (including, but without limitation, lightning,
wind, hurricane, tornado, hail, flooding or other violent storm or casualty).
9. Damage to Products caused by movement, distortion, collapse or settling
of the ground, building or supporting structure.
10. Heat damage caused by sources including, without limitation, fire, Low-E
glass and other enhanced or concentrated solar reflectivity.
11. Damage caused by improper handling, shipment and/or storage of the
Products.
12. Damage caused by neglect, abuse, misuse or improper upkeep and
maintenance.
13. Damage caused by factors that are beyond the control of TAMKO.
The serviceable life of the Products is affected by several factors, such as
quality of installation, maintenance and normal wear and tear. These are all
factors beyond TAMKO’s control and for which TAMKO makes no warranty.
Transferability: The Owner may transfer this Limited Warranty one (1) time
during the first five (5) years of the Term to a purchaser of the real estate upon
which the Products are installed (a “Purchaser”). The transfer must occur
simultaneously with the sale of the real estate. To transfer this Limited Warranty,
the Owner must provide TAMKO with written notice within thirty (30) days after
the transfer. The written notice must include the names of the Owner and the
Purchaser, the address of the real estate upon which the Products are installed,
the date the Products were installed, and the date of the transfer. The Owner
may transfer this Limited Warranty only one (1) time. Except for one transfer
to a Purchaser during the first five (5) years of the Term, this Limited Warranty
may not be sold, assigned or transferred in any manner whatsoever. Neither a
Purchaser nor any other person may transfer this Limited Warranty. Except as set
forth in this paragraph, any assignment, sale or transfer of this Limited Warranty
or the real estate on which the Products are installed shall immediately terminate
all liability of TAMKO, all warranties contained herein or hereunder and any
applicable implied warranties, including warranties of merchantability and fitness
for a particular purpose.
MANDATORY BINDING ARBITRATION: EVERY CLAIM, CONTROVERSY
OR DISPUTE OF ANY KIND WHATSOEVER, INCLUDING WHETHER ANY
PARTICULAR MATTER IS SUBJECT TO ARBITRATION (EACH AN “ACTION”)
BETWEEN YOU AND TAMKO (INCLUDING ANY OF TAMKO’S EMPLOYEES
AND AGENTS) RELATING TO OR ARISING OUT OF THE PRODUCTS, SHALL
BE RESOLVED BY FINAL AND BINDING ARBITRATION, REGARDLESS OF
WHETHER THE ACTION SOUNDS IN WARRANTY, CONTRACT, STATUTE OR
ANY OTHER LEGAL OR EQUITABLE THEORY. TO ARBITRATE AN ACTION
AGAINST TAMKO, YOU MUST INITIATE THE ARBITRATION IN ACCORDANCE
WITH THE APPLICABLE RULES OF THE JUDICIAL ARBITRATION AND
MEDIATION SERVICE OR OTHER ARBITRATION SERVICE AGREED TO
IN WRITING BY TAMKO, AND PROVIDE WRITTEN NOTICE TO TAMKO BY
CERTIFIED MAIL AT P.O. BOX 1404, JOPLIN, MISSOURI 64802-1404 WITHIN
THE TIME PERIOD PRESCRIBED BELOW.
ANY ACTION BROUGHT BY YOU AGAINST TAMKO WILL BE ARBITRATED
(OR, IF ARBITRATION OF THE ACTION IS NOT PERMITTED BY LAW,
LITIGATED) INDIVIDUALLY AND YOU WILL NOT CONSOLIDATE, OR SEEK
CLASS TREATMENT FOR, ANY ACTION UNLESS PREVIOUSLY AGREED TO
IN WRITING BY BOTH TAMKO AND YOU.
LEGAL REMEDIES: REMEDIES FOR BREACH OF THIS LIMITED WARRANTY
OR ANY IMPLIED WARRANTY ARE EXCLUSIVE AND REPRESENT THE
SOLE REMEDIES AVAILABLE TO THE OWNER OR ANY OTHER PERSON
OR ENTITY, INCLUDING ANY MORTGAGEE, INSURER, OR OTHER PARTY
IN INTEREST. OBLIGATIONS CONTAINED IN THIS LIMITED WARRANTY
ARE EXPRESSLY IN LIEU OF ANY OTHER OBLIGATIONS, GUARANTEES,
WARRANTIES, AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING
ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER
OBLIGATIONS OR LIABILITY ON THE PART OF TAMKO BUILDING
PRODUCTS, INC. IN NO EVENT SHALL TAMKO BE LIABLE FOR DIRECT
OR INDIRECT ECONOMIC DAMAGES, OR FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO
PERSONAL INJURY (WHETHER TO THE PURCHASER, OWNER OR THIRD
PARTIES), PROPERTY DAMAGE AND/OR LOSS OF BUSINESS OR PROFIT.
SOME STATES AND PROVINCES DO NOT ALLOW EXCLUSION
OR LIMITATION OF IMPLIED WARRANTIES OR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
WHICH VARY FROM STATE TO STATE AND PROVINCE TO PROVINCE.
INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION HEREIN SHALL
NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER
PROVISION WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
ONE YEAR STATUTE OF LIMITATIONS. NO ACTION FOR BREACH OF
THIS LIMITED WARRANTY OR ANY OTHER ACTION AGAINST TAMKO
RELATING TO OR ARISING OUT OF THE PRODUCT, ITS PURCHASE OR
THIS TRANSACTION SHALL BE BROUGHT LATER THAN ONE YEAR AFTER
ANY CAUSE OF ACTION HAS ACCRUED. IN JURISDICTIONS WHERE
STATUTORY CLAIMS OR IMPLIED WARRANTIES AND CONDITIONS CANNOT
BE EXCLUDED, ALL SUCH STATUTORY CLAIMS, IMPLIED WARRANTIES AND
CONDITIONS AND ALL RIGHTS TO BRING ACTIONS FOR BREACH THEREOF
EXPIRE ONE YEAR (OR SUCH LONGER PERIOD OF TIME IF MANDATED
BY APPLICABLE LAWS) AFTER THE DATE OF PURCHASE. SOME STATES
AND PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY OR CONDITION LASTS, SO THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.
NO REPRESENTATIVE, EMPLOYEE OR OTHER AGENT OF TAMKO, OR
ANY PERSON OTHER THAN TAMKO’S PRESIDENT, HAS AUTHORITY TO
ASSUME FOR TAMKO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY IN
CONNECTION WITH THE PRODUCTS EXCEPT AS DESCRIBED HEREIN.
IF YOU ARE NOT SATISFIED WITH THE TERMS AND CONDITIONS
OF THIS LIMITED WARRANTY, RETURN ALL UNINSTALLED MARKETABLE
PRODUCTS TO THE TAMKO AUTHORIZED DEALER WHO ORIGINALLY SOLD
YOU THE PRODUCTS FOR A REFUND ON THE RETURNED PRODUCTS.
THIS LIMITED WARRANTY APPLIES TO PRODUCTS PURCHASED ON OR
AFTER OCTOBER 2, 2013, TO THE EXTENT ANY WOULD APPLY TO THIS
PRODUCT, AND SUPERSEDES ALL PREVIOUSLY PUBLISHED WARRANTIES
TO THE EXTENT ANY WOULD APPLY TO THIS PRODUCT. THIS FORM IS
NOT TO BE COPIED OR REPRODUCED IN ANY MANNER.
The terms and conditions of the Limited Warranty offered by TAMKO for the
Product may change periodically. The Limited Warranty set forth above was
the effective Limited Warranty offered by TAMKO at the date of printing. ONLY
the Limited Warranty OFFERED by TAMKO at the time of YOUR purchase of
the Product shall apply to your Product. Consult TAMKO’s website at
tamko.com for current Limited Warranty information on the Product.
Installation Instructions: Printed instructions on how to install TAMKO’s
EVERGRAIN Decking, ELEMENTS DockBoard, EVERGRAIN Designer Railing
System, EVERGRAIN Traditional Railing, TAM-RAIL Railing Systems, and
MARQUEE Railing are available upon request. Call 1-800-641-4691 or visit
one of our web sites at tamko.com, evergrain.com, tam-rail.com
or elementsdockboard.com.
IMPORTANT: Failure to properly install the Products according to
manufacturer’s application instructions and building codes may result in an
unsafe railing system and will affect coverage under this Limited Warranty.
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©2013 TAMKO Building Products, Inc.
TAMKO, Tam-Rail, EverGrain and Elements and
Marquee Railing are registered trademarks of TAMKO
Building Products, Inc. Information included in this
Limited Warranty was current at time of printing.
To obtain a copy of the most current version of this
Limited Warranty, visit us online at tamko.com or
call us at 800-641-4691.
Limited Warranty
P.O. Box 1404 • Joplin, MO 64802-1404
1-800-641-4691
tamko.com
1 inch
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