Warranty

D-AE-CC
TUFTEX® PolyCarb™ Building Panels
Lifetime Limited Warranty
SCOPE OF WARRANTY
TUFTEX® PolyCarb™ Building Panels (the “Panels”) are warranted by
Onduline North America, Inc., 4900 Ondura Drive, Fredericksburg, Virginia
22407 (“Onduline N.A.”). This Lifetime Limited Warranty is given to the
original purchaser of Panels from an authorized retail outlet (the “Original
Purchaser”) and is not transferable.
LIGHT TRANSMISSION
The Panels are warranted to not lose more than 10% of their light
transmitting capacity for a period of ten years from the original date of
purchase. The Panels will lose no more than 1% per year in subsequent years
beyond the initial 10-year period of time as a direct result of solar radiation
(as measured to the procedures in ASTM-100377).
INCEPTION DATE
The inception date shall be the date the Panels were purchased from an
authorized retail outlet.
LIMITATIONS
The TUFTEX Lifetime Limited Warranty will apply to the Panels if:
1. The original proof of purchase is presented from an authorized retail
outlet.
2. The Panels are stored, applied, installed, and used in accordance with
TUFTEX written installation guidelines (available from your place of purchase
or directly from Onduline N.A. at 1-800-777-7663) and not installed in any
non-customary job or fashion. Such installed guidelines include, but are not
limited to: proper purlin spacing, proper roof slope, proper ventilation,
avoiding contact with chemicals and other incompatible materials, proper
fastening devices and avoiding over-tightening of fasteners.
3. The Panels are not thermoformed and not otherwise adversely affected by
fastening/connection devices or sealants.
4. Any decrease of light transmission is not a result of product alteration or
damage caused by, but not limited to, misuse, fire, lightning, hail, wind,
snow, snow weights, unusual stresses, acts of God, extreme surface
temperatures exceeding 270°F to minus 40°F, or inadequate ventilation.
CLAIM REQUIREMENTS
In order to exercise rights under this foregoing warranty, the Original
Purchaser of the Panels must notify Onduline N.A. in writing within 30 days
of Original Purchaser’s claim of any defects in the Panels causing a breach of
the above warranty. The claim must include a description of the problem,
photographs of the Panel or Panels alleged to have caused a breach, a copy
of the sales receipt showing the authorized retailers name or other proof of
purchase, and the Original Purchaser’s address and phone number, together
with this Lifetime Limited Warranty. Onduline N.A. reserves the right to
inspect any and all of the TUFTEX PolyCarb Panels while the Panels are in
place in their installed position. Panels that are moved and/or altered in any
manner, will void the provisions of the Lifetime Limited Warranty. In
addition, Onduline N.A. reserves the right to investigate independently the
circumstances of such failure including the contacting of local weather
institutes and other sources deemed appropriate. If the Panels are to be
replaced, the original Panels must be returned to Onduline N.A.’s warehouse
for examination, transportation charges paid by claimant.
COMPENSATION
1. In the event that Onduline N.A. is notified of product failure within three
years of inception date via “Claim Requirements”, Onduline N.A. will provide
free replacement material, or at its option, refund the original purchase price
through an authorized retail outlet. This warranty does not cover cost of
removing defective Panels or inconvenience. The cost of structure fabrication
or installation of the replacement Panels provided pursuant to this Lifetime
Limited Warranty is the sole responsibility of the Original Purchaser.
2. In the event that Onduline N.A. is duly notified of product failure after
more than three years and up to twenty years from the inception date, and
claim is made and approved, Onduline N.A. will sell replacement material to
the Original Purchaser based on the following purchase price formula: The
price to be paid by the Original Purchaser will be calculated at a rate of 5% of
the effective price at time of replacement multiplied by the number years
from replacement time to inception date less three years.
3. In the event that Onduline N.A. is duly notified of product failure after
more than 20 years from the inception date, and claim is made and
approved, Onduline N.A. will sell replacement material to the Original
Purchaser based on the following purchase price formula: The credit to be
paid by the Original Purchaser will be calculated at a rate of 85% of the
effective price at time of replacement plus 1% per year after 20 years from
“Inception Date”. Maximum amount credited is not to exceed 95% of
effective price.
4. Onduline N.A. reserves the right to discontinue or modify any of its
products, including color, shape and size, without notice to the Original
Purchaser, and shall not be liable as a result of such discontinuation or
modification. Replacement material may vary in color in comparison to the
original product as a result of normal weathering. If Onduline N.A. replaces
any material under this Lifetime Limited Warranty, it may substitute products
determined by Onduline N.A. in its sole discretion to be of comparable
quality or price. Onduline N.A. shall not be obligated to pay freight charges
for delivery of material.
LIABILITY
Onduline N.A.’s liability is limited to providing replacement sheets as set
forth above. Onduline N.A. will not be responsible for any indirect or
consequential damages that may occur.
DISCLAIMER
NO EXPRESS OR IMPLIED WARRANTIES HAVE BEEN MADE EXCEPT FOR THE
LIFETIME LIMITED WARRANTY MADE ABOVE. THIS LIFETIME LIMITED
WARRANTY AND THE ASSOCIATED LIFETIME LIMITED REMEDY ARE PROVIDED
IN LIEU OF ALL OTHER WARRANTIES AND REMEDIES. EXCEPT FOR THE
LIFETIME LIMITED WARRANTY MADE ABOVE, ONDULINE N.A. DISCLAIMS ALL
WARRANTIES EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE. ANYTHING TO THE CONTRARY HEREIN NOTWITHSTANDING, UNDER
NO CIRCUMSTANCES SHALL ONDULINE N.A. BE LIABLE TO THE ORIGINAL
PURCHASER OR ANY OTHER PERSON OR ENTITY FOR SPECIAL INCIDENTAL,
CONSEQUENTIAL OR INDIRECT DAMAGES, LOSS OF GOOD WILL OR BUSINESS
PROFITS, WORK STOPPAGE, ANY AND ALL OTHER COMMERCIAL DAMAGES OR
LOSS, OR EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN
CONNECTION WITH THE PANELS, WHETHER BASED UPON A CLAIM OR ACTION
OF CONTRACT, WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY,
BREACH OF STATUTORY DUTY, CONTRIBUTION, OR OTHER LEGAL THEORY OR
CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IF any portion of this document shall be held ineffective or void, for any reason, the
remainder shall remain in effect. This Lifetime Limited Warranty shall apply exclusively
to Panels installed in North America, be interpreted under Virginia law and any legal
action relating to the Lifetime Limited Warranty shall be brought only in Virginia courts.
Onduline North America, Inc.
4900 Ondura Drive, Fredericksburg, VA 22407
800-777-7663