Warranty
LIMITATION OF REMEDY
THE EXCLUSIVE REMEDY OF THE OWNER, AND THE SOLE LIABILITY OF BERRY FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES
(INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING
FROM THE SALE, INSTALLATION, OR USE OF THESE PRODUCTS SHALL BE THIS LIMITED WARRANTY.
The laws of the State of Indiana (without giving eect to its conflicts of law principles) shall govern all matters relating to this Limited
Warranty, including alleged torts, and this Limited Warranty shall not be governed in whole or in part by the United Nations Convention
on Contracts for the International Sale of Goods; as allowed by that convention, the parties specifically disclaim its application. Any and all
disputes between the parties related to this Limited Warranty shall be prosecuted solely and exclusively in the federal or state courts
located in Indiana, and Owner consents to personal jurisdiction of those courts and venue of Vanderburgh County and waives all
defenses based on inconvenient forum. Each party waives any right to trial by jury in enforcement of this Limited Warranty.
LIMITATION OF WARRANTY
THE LIMITED WARRANTY IN THIS DOCUMENT IS COMPLETE AND IN LIEU OF ALL OTHER WARRANTIES. ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED IN DURATION TO THE LENGTH OF THIS LIMITED WARRANTY,
AND TO THE FULL EXTENT PERMITTED BY LAW, BERRY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO ALL OTHER WARRANTIES CREATED OR IMPLIED BY STATUTE, CUSTOM, OR USAGE OF TRADE. Some jurisdictions do not allow
limitations on how long an implied warranty lasts, so the above limitation may not apply to you. is Limited Warranty gives you specific
legal rights, and you may have additional rights, which vary from jurisdiction to jurisdiction.
LIMITATION OF LIABILITY
is Limited Warranty sets forth Berry’s maximum liability for the Products. BERRY’S RESPONSIBILITY AND LIABILITY, IF ANY, IN
CONNECTION WITH THE PRODUCTS AND THIS LIMITED WARRANTY SHALL BE LIMITED TO REPLACEMENT OR REPAIR, AS SET FORTH ABOVE.
TO THE FULL EXTENT PERMITTED BY LAW, BERRY SHALL NOT BE LIABLE IN TORT, CONTRACT, OR OTHERWISE FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY, EXPECTATION, OR OTHER DAMAGES OF ANY KIND ARISING OUT OF,
RELATING TO OR IN CONNECTION WITH THE PRODUCTS OR THIS LIMITED WARRANTY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST
REVENUE, LOSS OF USE, PROPERTY DAMAGE, PERSONAL INJURY, OR DEATH. Some jurisdictions do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitations or exclusions may not apply to you.
DISCLAIMER – WHAT THIS LIMITED WARRANTY DOES NOT COVER
This Limited Warranty shall not apply to damage to Products or Structures caused by or resulting from any of the following:
• Normal wear and tear.
• Abuse, mishandling, nonstandard use or application, neglect, improper maintenance, accident, modification, damage, or vandalism by
any party other than Berry.
• Foreign objects or agents, or use of materials incompatible with the Products, including but not limited to any caulks or sealants
containing solvents or plasticizers coming into contact with the adhesive portion of TYPAR
®
Butyl Flashing.
• Defects in the Structure or a component of the Structure.
• Structural settlement, movement, or vibration.
• Any penetration of the building envelope of the Structure, unless in accordance with applicable published installation instructions for
the Products.
• Use of any Product(s) in an area containing a pool, hot tub, whirlpool, Jacuzzi, steam room, sauna or spa, or any other area exposed to
a heightened amount of moisture, humidity, or heat.
• Acts of God, including but not limited to lightning, flood, hail, or high winds.
• UV Exposure of the Product(s) in excess of those set forth in the Specifications or Characteristics.
• Any defect arising out of the performance of any non-Berry product.
TYPAR
®
Building Wrap is part of a complete Weather Protection System, which also includes TYPAR
®
MetroWrap, TYPAR
®
Flashings, TYPAR
®
Drainable Wrap, and TYPAR
®
Construction Tape.
TYPAR
®
is a registered trademark of Fiberweb, LLC, a wholly owned subsidiary of Berry Plastics Corporation
For more information, visit www.TYPAR.com
TYPAR
®
WEATHER PROTECTION SYSTEM - LIMITED WARRANTY
03
© 2017, Berry Plastics Corporation.
70 Old Hickory Blvd, Old Hickory, TN
Please visit TYPAR.com for installation instructions and product information.
Building Wraps | Flashings | Construction Tape | Fasteners
3388