Warranty Guide

THE SEVERE WEATHER
®
RESIDENTIAL & AGRICULTURAL LIMITED WARRANTY (“LIMITED WARRANTY”)
WHAT IS COVERED
This Limited Warranty is for wood product pressure treated with Severe Weather
®
brand Propiconazole, Tebuconazole,
and Imidacloprid sold or labeled as Severe Weather
®
brand wood product or as covered by this Limited Warranty
(“Severe Weather Wood Product”). Koppers Performance Chemicals Inc. (“KPC”) will provide original consumer
purchasers or “rst-owners” of Severe Weather Wood Product that “structurally fails” either, in KPC’s sole discretion,
replacement Severe Weather Wood Product (Severe Weather Wood Product only) for the Severe Weather Wood Product
that “structurally fails” or a refund of the monetary equivalent of the Severe Weather Wood Product that “structurally
fails” up to the original purchase price.
This Limited Warranty is not transferable from an original consumer purchaser or “rst-owner” to any subsequent
consumer or owner, tenant, or successor of the real property on which Severe Weather Wood Product is installed.
“First-owners” means:
• the owner-of-record of the real property on which Severe Weather Wood Product was installed at the time the Severe
Weather Wood Product was installed; or,
• if Severe Weather Wood Product was installed by a builder-contractor-owner in connection with new construction
on real property owned by such builder-contractor-owner, the rst owner-of-record that acquires such real property
from the builder-contractor-owner.
“Structurally fails” means the inability of Severe Weather Wood Product to perform its intended function due to
fungal decay or termite attack. “Fungal decay” means attack by wood destroying fungi that disintegrate the wood
cell walls, but excludes surface mold, mildew, and/or fungi associated with the appearance or “weathering” of wood.
“Weathering” of wood is not fungal decay of any type.
TO IDENTIFY A SEVERE WEATHER
®
BRAND WOOD PRODUCT, LOOK FOR THE END TAG OR INK STAMP
It’s easy to identify Severe Weather Wood Product. Simply look for the end tag or ink stamp on each piece of Severe
Weather Wood Product. Make sure you receive and retain original end tag(s) for each piece of Severe Weather Wood
Product, as well as the original purchase receipt(s) from your lumber dealer or contractor/builder. In the event of a
claim, it will be necessary to present this documentation for all Severe Weather Wood Product that is claimed to have
structurally failed.
WARRANTY CONDITIONS
This Limited Warranty applies only if each of the following conditions are met:
• Severe Weather Wood Product must be used only in residential or agricultural applications and as specied on the
ink stamp and/or end tag attached to the Severe Weather Wood Product.
• Specically, “Above Ground” Severe Weather Wood Product must be used only in “Above Ground” applications.
(“Above Ground” applications are above ground uses of Severe Weather Wood Product where the Severe Weather
Wood Product is not in contact with soil, placed on or over soil using a synthetic barrier or plastic material, subject
to frequent wetting or continually exposed to heavy vegetation, mulch products, ll dirt, or other conditions that
could simulate a ground contact exposure.)
• “Above Ground” Severe Weather Wood Product must be treated with Severe Weather
®
brand Propiconazole,
Tebuconazole, and Imidacloprid to a minimum 0.018 pcf preservative retention level. Severe Weather Wood
Product must be treated by a licensed treating facility.
• Severe Weather Wood Product must be used in accordance with state and local building codes.
• A brush on endcoat wood preservative must be applied at the time of construction on all saw cuts and drill holes for
Douglas-Fir and Hem-Fir treated Severe Weather Wood Product. Recommended endcoat wood preservatives include
copper naphthenate, oxine copper, or zinc naphthenate products. Important: Follow the manufacturer’s directions
for proper application. This Limited Warranty will not cover Douglas-Fir and Hem-Fir treated Severe Weather
Wood Product for which there is no evidence that an endcoat wood preservative was applied in accordance with the
manufacturer’s directions at the time of the initial installation.
WARRANTY EXCLUSIONS
This Limited Warranty does not cover:
• Commercial or industrial structures, wood foundation systems, wood exposed to salt or brackish
water, building poles or building timbers in structural applications, commercial vineyard stakes,
lattice, peeler core landscape timbers, shakes and shingles, specialty items, such as spindles, ball
tops, lattice and railing or any other products that have been milled after treatment.
• The structural failure of projects or structures containing any Severe Weather Wood Product
where some or all of the Severe Weather Wood Product has been used in contact with untreated
or treated material that has been used in an improper application, or in contact with any older
construction with any evidence of decay.
• The structural failure of “Above Ground” Severe Weather Wood Product used in contact with
the ground, fresh water, or other situations favorable to deterioration; used above ground but
is difcult to maintain, repair or replace and is critical to the performance and safety of the
entire system/construction (e.g., joists and beams for decks and fresh water docks); or used
above ground but may end up in ground contact or is subject to hazards comparable to ground
contact due to climate, articial or natural processes or construction.
• The structural failure of Severe Weather Wood Product where the Severe Weather Wood Product
has been sawn lengthwise (ripped) or surfaced (sanded/planed/etc.).
• The structural failure of Severe Weather Wood Product caused by the “weathering” of wood,
including but not limited to raised grain, splitting, checking, cupping, twisting, warping,
shrinkage, swelling, or any other physical or aesthetic property of the wood.
• The corrosion of fasteners, hardware, or any other material(s), including metal materials used,
in conjunction with, or to wrap or encapsulate Severe Weather Wood Product, or structural
failure resulting from such an occurrence.
• The delamination of Severe Weather Wood Product including plywood and other laminated
wood products.
• Mold, mildew, or fungal growth on Severe Weather Wood Product that is aesthetic.
• The structural failure of “Above Ground” Severe Weather Wood Product when wetted on a
frequent or recurrent basis, such as fresh water docks and walkways, swimming pools, hot tubs,
or by watering systems (e.g., waves or water level changes, on a fresh water dock or where wind
or watering causes frequent wetting);
• The structural failure of “Above Ground” Severe Weather Wood Product, with the exception
of fence board pickets, when installed less than six inches above ground (nal grade after
landscaping) and supported on permeable building materials (e.g., treated wood or concrete).
• The structural failure of “Above Ground” Severe Weather Wood Product used when there is a
reasonable expectation that soil, vegetation, leaf litter or other debris may build up and remain
in contact with the component; or when the construction itself, other structures or anticipated
vegetation growth will not allow air to circulate underneath the construction and between
decking boards.
• The structural failure of “Above Ground” Severe Weather Wood Product used in construction
that does not allow for water drainage.
• The structural failure of “Above Ground” Severe Weather Wood Product used in construction of
a greenhouse.
• The structural failure of “Above Ground” Severe Weather Wood Product used in tropical climates.
• Damage to Severe Weather Wood Product other than structural failure.
HOW TO MAKE CLAIMS
To make a claim under this Limited Warranty, within thirty (30) days of discovery of a defect, send photograph(s)
and a description of the structural failure along with the Severe Weather Wood Product purchase receipt(s) from your
lumber dealer or contractor/builder. In addition, KPC requires an itemized list of Severe Weather Wood Product that
structurally fails and an end tag from each piece of such Severe Weather Wood Product. Send this information to:
Koppers Performance Chemicals Inc.
Attn: Consumer Affairs
P. O. Drawer O
Grifn, Georgia 30224-0249
Subject to the terms, conditions, limitations and exclusions of this Limited Warranty, KPC will, within sixty (60) days
from the date of receipt of notice of your claim, and upon receipt of the proper documentation, make available to
you replacement Severe Weather Wood Product in exchange for Severe Weather Wood Product that structurally failed
or, in KPC’s sole discretion, refund the monetary equivalent of such Severe Weather Wood Product, up to the original
purchase price. KPC reserves the right to have a representative inspect all Severe Weather Wood Product which is
claimed to have structurally failed prior to its removal from service. If access for inspection is denied or should the
inspection reveal that in service conditions were modied or changed prior to inspection, or that the requirements of
this Limited Warranty are not met, KPC shall have no obligation under this Limited Warranty.
LIMITATIONS OF REMEDIES AVAILABLE
By purchase, acceptance, receipt, or use of Severe Weather Wood Product, the original consumer
purchaser or rst-owner of Severe Weather Wood Product accepts the terms, conditions,
limitations and exclusions contained in this Limited Warranty.
The only obligation of KPC and the exclusive remedy available under this Limited Warranty is
limited to, in KPC’s sole discretion, providing replacement Severe Weather Wood Product (Severe
Weather Wood Product only) for Severe Weather Wood Product that structurally fails or refund of
the monetary equivalent of such Severe Weather Wood Product, up to the original purchase price.
KPC is not responsible for any costs associated with removal or disposal of any Severe Weather
Wood Product or delivery or installation of the replacement Severe Weather Wood Product.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, KPC MAKES NO OTHER WARRANTIES, EXPRESS
OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE.
IN NO EVENT SHALL KPC BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR INDIRECT
DAMAGES. Some states do not allow limitations on how long an implied warranty lasts or the
exclusion or limitation of incidental or consequential damages, so these limitations or exclusions
may not apply to you. This Limited Warranty gives you specic legal rights and you may also have
other rights that vary from state to state. To the extent permitted by applicable law, this Limited
Warranty is governed by and construed in accordance with the laws of the State of Georgia.
Subject to the other terms, conditions, limitations and exclusions in this Limited Warranty, any
action for breach of this Limited Warranty must be commenced within one (1) year after you
knew or should have known of the occurrence of the structural failure.
The parties agree that they will resolve their disputes on an individual basis, and that any claims
brought under this Limited Warranty or in connection with the Severe Weather Wood Product
must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any
purported class, collective, or representative proceeding. The parties further agree that they shall
not participate in any class action (existing or future) brought by any third party arising under
this Limited Warranty or in connection with the Severe Weather Wood Product. If this class action
waiver is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not
apply to those parts.
KPC’s failure at any time to enforce any of the terms, conditions, limitations or exclusions stated in
this Limited Warranty shall not be construed to be a waiver of such provisions.
This Limited Warranty constitutes the complete and exclusive agreement between you and KPC with
respect to the subject matter contained in this Limited Warranty and supersedes any and all prior
oral or written agreements or representations. Any and all representations, promises, warranties or
statements by KPC or its agents that differ in any manner from the terms of this Limited Warranty
are of no force or effect unless in writing, signed by a duly authorized ofcer of KPC.
Invalidity or unenforceability of any provision of this Limited Warranty shall not affect the validity
or enforceability of any other provision, all of which shall remain in full force and effect.
This Limited Warranty is valid only for Severe Weather Wood Product used in the continental
United States, Alaska and Hawaii.
THE SEVERE WEATHER RESIDENTIAL &
AGRICULTURAL LIMITED WARRANTY
®
Severe Weather
End Tag
Example
See other side for important information.