Installation Guide
WARRANTY
22
TREX® RAINESCAPE® LIMITED
TWENTY-FIVE YEAR WARRANTY
READ THESE WARRANTY TERMS CAREFULLY BEFORE INSTALLING OR
USING THE TREX® RAINESCAPE® DECK DRAINAGE SYSTEM (“SYSTEM”)
AND/OR TREX® RAINESCAPE® SOFFIT LIGHTS (“SOFFIT LIGHTS”). INSTAL
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LATION AND USE OF THE SYSTEM, ANY COMPONENTS OF THE SYSTEM
AND/OR THE SOFFIT LIGHTS 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), and/or Trex® RainEscape® Sot Lights
(the latter specifically excluding all Electrical Components, defined below)
(the “Products”) will, except with respect to LED lights and Sot Light powder
coating as provided below, be free from defects in materials or workman
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ship under normal and proper use for a period of twenty-five years from the
date of purchase (“Warranty Period”) and that the Trex® RainEscape® brand
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ed Products will conform to IBP’s published manufacturer specifications, but
only with respect to use of the Products 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 Owner fails to install and maintain the Products in strict compliance with
IBP’s installation and maintenance instructions, (ii) the Products have been
damaged as a result of misuse or abuse, by accident or by negligence, in
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cluding, without limitation, striking, breaking, dropping, puncturing, cutting,
burning or melting the Products and all other activities which cause damage
to the Products, (iii) the Products have been damaged as a result of shifting
soils, (iv) the Products have been damaged as a result of exposure to long-
wave infrared energy reflected from low emissivity glass, (v) the Products
have been damaged as a result of an Act of God, including, without limitation,
hurricanes, tornadoes, floods, earthquakes, blizzards, prolonged severe rain
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storms and snowstorms, forest, wild or other fires and other severe weather
events or other natural phenomena, (vi) the Products 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 materials or workmanship. The warranty term for LED lights shall be five
(5) years and for Sot Light powder coating shall be ten (10) years. Subject
to the conditions set forth in this Limited Warranty, IBP will, at its option, ei
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ther repair or replace parts/product which proves to be defective during the
warranty period.
2. DISCLAIMER OF ALL OTHER WARRANTIES. The preceding warranty is
the sole and exclusive warranty, express or implied, extended by IBP with
respect to the System and the Sot Lights. The express warranty set forth
above supersedes any and all prior, contrary or additional warranties and
representations, whether written or oral. The preceding warranty as to Sot
Lights extends only to Trex® RainEscape® branded Sot Lights and not to
any wiring, extension cords, splitters, transformers, remote controls, timers,
dimmers or other electrical products (“Electrical Components”) which are not
Trex® RainEscape® branded Electrical Components. For warranty and other
information relating to DEKOR branded Electrical Components, visit www.de
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korlighting.com. 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, INCLUDING
WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND ALL WARRANTIES ARISING BY COURSE
OF DEALIN
G, COURSE OF PERFORMANCE, OR USAGE OR TRADE. NO EM-
PLOYEE, REPRESENTATIVE, AGENT OR DISTRIBUTOR OF THE PRODUCTS
HAS ANY AUTHORITY TO BIND IBP TO ANY UNDERSTANDING, AGREE
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MENT, REPRESENTATION OR WARRANTY EXCEPT AS STATED IN ABOVE.
3. EXCLUSIVE REMEDY FOR BREACH OF WARRANTY. If during the Warranty
Period, the System or Products do not conform to the Warranty set forth herein
with respect to the original structure to which it was installed and if the Own
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er 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 Products do not conform to the Warranty set
forth above IBP will, at its option and in its sole discretion, either: (i) provide re
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placement parts/components for any nonconforming or defective parts/com-
ponents, or (ii) remit to Owner the percentage of the purchase price Owner
paid to purchase the non-conforming System parts/components equal to the
percentage of the Warranty Period remaining from the time Owner notified
IBP, in the manner provided below, of the nonconformity. THESE REMEDIES
ARE THE EXCLUSIVE AND SOLE REMEDIES FOR ANY BREACH OF WAR
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RANTY. 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 or Products, dis
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posal 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, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, TREBLE, EXEMPLARY OR OTH
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ER SIMILAR LOSS OR DAMAGE ARISING UNDER OR AS A RESULT OF THIS
LIMITED WARRANTY (WHETHER ARISING IN CONTRACT, TORT, STRICT LIA-
BILITY OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY LIABILITY
FOR DAMAGES ARISING OUT OF OR RESULTING FROM IBP’s FAILURE TO
TIMELY DELIVER SYSTEM PARTS/COMPONENTS AND/OR THE PRODUCTS,
FROM THE USE, MISUSE, INABILITY TO USE THE SYSTEM AND/OR SYS
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TEM PARTS/COMPONENTS AND PARTS, FROM THE PERFORMANCE OF
THE SYSTEM AND/OR SYSTEM COMPONENTS OR PARTS 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
limitations may not apply to you.
5. PROCEDURE FOR INITIATING A WARRANTY CLAIM. As a condition prec
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edent to Owner’s right to seek a remedy for a System, System products/
components and/or Sot Lights which allegedly does not conform to the
warranty set forth in this Limited Warranty, Owner must strictly comply 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 noncon
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formity. The notice must also provide clear, unaltered pictures of the alleged
non-conformity, describe with reasonable specificity the location and nature
of the alleged nonconformity and its proximity to any low emissivity glass,
include the original invoice or other proof of purchase, provide evidence es
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tablishing that the Owner was the initial purchaser of the Product, provide
evidence establishing the date the Product was purchased, provide evidence
establishing the address of the site where the Product was initially installed,
and provide 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,
System parts/components and/or Sot Light(s) failed to conform to the war
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ranty set forth herein and by providing IBP and/or its representatives with
access to the System, System parts/components and/or Sot Light(s) to con
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duct any reasonable inspection which IBP deems necessary. If Owner fails to
supply IBP with such additional information as IBP may reasonably request or
if Owner fails to supply IBP or its representatives with access to the System,
System parts/components and/or Sot Light(s) to conduct any reasonable
inspection within ninety days following request by IBP, IBP shall have no obli
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gation or liability of any kind or nature under this Limited Warranty. IBP shall
have a reasonable period in which to determine if the System, System parts/
components and/or Sot Light(s) 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 discovers the alleged
nonconformity of the System, System parts/components and/or Sot Light(s).
7. APPLICABLE LAW; VENUE. This Limited Warranty shall be governed by,
construed and interpreted in accordance with the laws of the State of Colora
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do, USA (excluding the choice of law rules thereof). Owner hereby (a) agrees
that all disputes and matters whatsoever arising under, in connection 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 Limited 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 War
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ranty conflicts with any applicable statute, law, rule or regulation, such cove-
nant 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 regu
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lation. 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 eect of rendering such provision invalid in any other case
or of rendering any of the other provisions of this Limited Warranty inopera
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tive, unenforceable or invalid.
9 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.
Trex® is a trademark of Trex Company, Inc. and is used under license to
IBP, LLC
WARRANTY