Installation Guide

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WARRANTY

TREX® RAINESCAPE® LIMITED

TWENTY-YEAR WARRANTY

READ THESE WARRANTY TERMS CAREFULLY BEFORE INSTALLING OR

USING THE TREX® RAINESCAPE® DECK DRAINAGE SYSTEM. INSTAL

LATION AND USE OF THE SYSTEM AND/OR ANY OF ITS COMPONENTS

SHALL CONSTITUTE YOUR AGREEMENT TO BE BOUND BY ALL OF THE

TERMS AND CONDITIONS OF THIS WARRANTY. IF YOU DO NOT AGREE

TO ALL OF THE TERMS AND CONDITIONS

OF THIS WARRANTY, RETURN

THE TREX RAINESCAPE

DECK DRAINAGE SYSTEM TO THE PLACE OF

PURCHASE FOR A FULL REFUND.

1. WARRANTY

IBP, LLC (“IBP”) warrants to the original end use purchaser (“Owner”)

that the Trex® RainEscape® Deck Drainage System (excluding all tapes

and similar ancillary products) (“System”) will be free from defects in

materials or workmanship under normal and proper use for a period of

twenty years from the date of purchase (“Warranty Period”) and that

Trex® RainEscape® branded System components will conform to IBP’s

published manufacturer speciﬁcations, but only with respect to use

of the System on the original structure to which it was installed. THIS

WARRANTY IS SUBJECT TO ALL OF THE TERMS AND CONDITIONS SET

FORTH HEREIN. This limited warranty shall not apply if (i) the original

end use purchaser fails to install and maintain the System in strict

compliance with IBP’s installation and maintenance instructions, (ii) the

System has been damaged as a result of misuse or abuse, by accident or

by negligence, including, without limitation, striking, breaking, punctur

ing, cutting, burning or melting the System and all other activities which

cause damage to the System, (iii) the System has been damaged as a

result of shifting soils, (iv) the System has been damaged as a result

of exposure to long-wave infrared energy reﬂected from low emissivity

glass, (v) the System has been damaged as a result of an Act of God,

including, without limitation, hurricanes, tornadoes, ﬂoods, earthquakes,

hail, forest, wild or other ﬁres and other severe weather or natural phe

nomena, (vi) the System has been damaged as a result of the disposal

of caustic substances on or through the System, (vii) the System has

been altered, (viii) the System has been damaged as a result of improper

storage, handling or use of the System, or (ix) the System fails to perform

to IBP’s published speciﬁcations for any reason other than defects in ma

terials or workmanship. Subject to the conditions set forth in this Limited

Warranty, IBP will, at its option, either repair or replace parts/product

which proves to be defective during the warranty period.

2. DISCLAIMER OF OTHER WARRANTIES

The preceding warranty is the sole and exclusive warranty, express or

implied, extended by IBP with respect to the System and the System

components. The express warranty set forth above supersedes any and

all prior, contrary or additional warranties and representations, whether

written or oral. THE WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND

IN LIEU OF ALL OTHER WARRANTIES BY IBP, EXPRESS OR IMPLIED, ALL

OF WHICH ARE HEREBY DISCLAIMED AND EXCLUDED BY IBP, INCLUD

ING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FIT-

NESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING

BY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OR

TRADE. NO EMPLOYEE, REPRESENTATIVE, AGENT OR DISTRIBUTOR

OF THE SYSTEM HAS ANY AUTHORITY TO BIND IBP TO ANY UNDER

STANDING, AGREEMENT, REPRESENTATION OR WARRANTY EXCEPT AS

STATED IN ABOVE.

3. EXCLUSIVE REMEDY FOR BREACH OF WARRANTY

If during the Warranty Period, the System or System components do

not conform to the Warranty set forth herein with respect to the original

structure to which it was installed and if the Owner shall provide IBP with

written notice of the claimed defect and otherwise comply with the terms

set forth below, then within a reasonable time of its determination that

the System or System components do not conform to the Warranty set

forth above IBP will, at its option and in its sole discretion, either: (i) pro

vide replacement parts/components for any nonconforming or defective

parts/components, or (ii) remit to Owner the percentage of the purchase

price Owner paid to purchase the non-conforming System parts/compo

nents equal to the percentage of the Warranty Period remaining from the

time Owner notiﬁed IBP, in the manner provided below, of the noncon

formity. THESE REMEDIES ARE THE EXCLUSIVE AND SOLE REMEDIES

FOR ANY BREACH OF WARRANTY. Consequently, without limiting the

generality of the foregoing, IBP will not under any circumstances provide

or be liable for labor costs, costs of removal or reinstallation of parts/

components of the System, disposal costs, freight, taxes, or any other

costs, charges or expenses incurred by Owner in connection with any

nonconforming or defective parts/components.

4. DISCLAIMER OF INCIDENTAL AND CONSEQUENTIAL DAMAGES

IBP SHALL HAVE NO LIABILITY OF ANY KIND FOR ANY SPECIAL, INDI

RECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, TREBLE, EXEMPLARY

OR OTHER SIMILAR LOSS OR DAMAGE ARISING UNDER OR AS A RE

SULT OF THIS AGREEMENT (WHETHER ARISING IN CONTRACT, TORT,

STRICT LIABILITY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION,

ANY LIABILITY FOR DAMAGES ARISING OUT OF OR RESULTING FROM

IBP’s FAILURE TO TIMELY DELIVER SYSTEM PARTS/COMPONENTS,

FROM THE USE, MISUSE, INABILITY TO USE THE SYSTEM AND/OR

SYSTEM PARTS/COMPONENTS, FROM THE PERFORMANCE OF THE

SYSTEM AND/OR SYSTEM COMPONENTS OR FROM ANY ACT OR

FAILURE TO ACT BY IBP. However, some states do not allow the exclusion

or limitation of incidental or consequential damages, so the above limita

tions may not apply to you.

5. PROCEDURE FOR INITIATING A WARRANTY CLAIM

As a condition precedent to Owner’s right to seek a remedy for a System

or System products/components which allegedly does not conform to

the warranty set forth in this Limited Warranty, Owner must strictly com

ply with all of the terms of this Limited Warranty; if Owner fails to strictly

comply with all of the terms of this Limited Warranty, IBP shall have no

obligation or liability of any kind or nature under this Limited Warranty.

Owner must notify IBP, in writing, at the address set forth below, of the

alleged failure to conform to the warranty within thirty (30) days after

Owner discovers the alleged nonconformity. The notice must also provide

clear, unaltered pictures of the alleged non-conformity, describe with rea

sonable speciﬁcity the location and nature of the alleged nonconformity

and its proximity to any to any low emissivity glass, include the original

invoice or other proof of purchase, provide evidence establishing that the

Owner was the initial purchaser of the System, provide evidence estab

lishing the date the System was purchased, provide evidence establishing

the address of the site where the System was initially installed, and pro

vide the Owner’s name and contact information. Thereafter, Owner must

cooperate with IBP by promptly supplying such additional information as

IBP may reasonably request in order to establish whether or not System

parts/components failed to conform to the warranty set forth herein and

by providing IBP and/or its representatives with access to the System to

conduct any reasonable inspection which they deem necessary. If Owner

fails to supply IBP with such additional information as IBP may request

or if Owner fails to supply IBP or its representatives with access to the

System to conduct any reasonable inspection within ninety days follow

ing request by IBP, IBP shall have no obligation or liability of any kind or

nature under this Limited Warranty. IBP shall have a reasonable period in

which to determine if the System parts/components failed to conform to

the warranty set forth in this Limited Warranty.

6. LIMITATIONS PERIOD. No action under this Agreement may be

brought by Owner against IBP more than one (1) year after Owner discov

ers the alleged nonconformity of System parts/components.

7. APPLICABLE LAW; VENUE. This Limited Warranty shall be governed

by, construed and interpreted in accordance with the laws of the State of

Colorado, USA (excluding the choice of law rules thereof). Owner hereby

(a) agrees that all disputes and matters whatsoever arising under, in con

nection with, or incident to this Limited Warranty shall be litigated, if at

all, in and before a court located in the State of Colorado to the exclusion

of the courts of any other state or country, and (b) irrevocably submits to

the exclusive jurisdiction of the District Court for the County of Arapahoe,

Colorado in any action or proceeding arising out of or relating to this Lim

ited Warranty, and hereby irrevocably waives any objection to the laying

of venue of any such action or proceeding in such court and any claim

that any such action or proceeding has been brought in an inconvenient

forum.

8. SEVERABILITY. If any covenant or agreement set forth in this Limited

Warranty conﬂicts with any applicable statute, law, rule or regulation,

such covenant or agreement shall be deemed by to be modiﬁed but only

to the extent necessary to conform to what is allowed under such statute,

law, rule or regulation. If for any reason whatsoever, any one or more of

the provisions of this Limited Warranty shall be held or deemed to be

inoperative, unenforceable or invalid as applied to any particular case

or in all cases, such circumstances shall not have the eect of rendering

such provision invalid in any other case or of rendering any of the other

provisions of this Limited Warranty inoperative, unenforceable or invalid.

7. ADDRESS FOR NOTICES TO IBP: IBP, LLC, 2190 W. Bates Ave.,

Englewood, CO 80110.

This warranty gives you speciﬁc legal rights, and you may also have other

rights which vary from State to State. Version 2022.05.