Warranty

Schluter Systems L.P. • 194 Pleasant Ridge Road, Plattsburgh, NY 12901-5841 • Tel.: [phone] • Fax: [phone]
Schluter Systems (Canada) Inc. • 21100 chemin Ste-Marie, Ste-Anne-de-Bellevue, QC H9X 3Y8 • Tel.: [phone] • Fax: [phone]
www.schluter.com
Schluter
®
-Shower System 10-Year Limited Warranty
LIMITED WARRANTY COVERAGE: Subject to the conditions and limitations as stated in this Schluter
®
-Shower System 10-Year Limited Warranty (the “Limited Warranty”),
Schluter Systems warrants that its Schluter
®
-Shower System (the “Products”) will be free from manufacturing defects and will perform as described in the Schluter
®
-Shower System
Installation Handbook and Schluter
®
Waterproofing Membranes Technical Data Sheet (collectively, the “Written Materials”
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) for a period of ten (10) years from the date of purchase
when installed and used in accordance with the terms and conditions of the Written Materials and industry standard guidelines that are not in conflict with the Written Materials in
effect at the time of installation.
For the purposes of this Limited Warranty, “Products” are defined to include, as applicable in the original installation: Schluter
®
-SHOWER-ST/-L/-LS shower trays, Schluter
®
-KERDI/-
DS waterproofing membranes, Schluter
®
-KERDI-BOARD waterproof building panels, Schluter
®
-KERDI-BAND waterproofing strips, Schluter
®
-KERDI-DRAIN and Schluter
®
-KERDI-
LINE drains, Schluter
®
-KERDI-BOARD-SC and Schluter
®
-KERDI-SHOWER-SC shower curbs, Schluter
®
-KERDI-BOARD-SB and Schluter
®
-KERDI-SHOWER-SB shower benches,
Schluter
®
-KERDI-SHOWER-SR shower ramp, Schluter
®
-KERDI-BOARD-SN shower niches, Schluter
®
-KERECK-F waterproofing corners, Schluter
®
-KERDI-KERS waterproofing
corners, Schluter
®
-KERDI-KM, Schluter
®
-DILEX profiles, Schluter
®
-SHOWERPROFILES, Schluter
®
-KERDI-LINE-FC cover plate, Schluter
®
-KERDI-SEAL-PS/-MV seals, and/or
Schluter
®
-KERDI-FIX adhesive/sealant; “Owner” is defined as the original end user of the property in which the Products are installed; and “Tile Assembly” is defined to include the
Products, non-reusable tile surfaces, and applicable setting and grouting materials.
This Limited Warranty is only applicable to installations in the United States of America and Canada. Schluter Systems is not responsible or liable under any circumstances for
determining the suitability of the Products for the Owner’s intended purpose. It is the responsibility of the Owner to consult with an experienced and professional installer to ensure
the suitability of the Products, subfloor/substrate and all building materials in the installation and that the Written Materials are followed properly.
RESOLUTION: If the Products are installed and used in accordance with the terms and conditions as described hereinabove and such Products are proven defective within the
applicable warranty term, the Owner’s exclusive remedy and the sole obligation of Schluter Systems, at its election, shall be to (a) reinstall or replace the failed portion of the Tile
Assembly or (b) pay an amount not to exceed the original square foot cost of the installation of the Tile Assembly verified to be defective. Due to conditions beyond the control of
Schluter Systems (e.g., color and shade availability, discontinuation, normal wear and tear), Schluter Systems cannot guarantee or warrant an exact match to the specific tile, stone,
or other tiling materials used in the original installation. In such event, substantially similar materials may be substituted.
EXCLUSIONS FROM COVERAGE: This Limited Warranty excludes and in no event shall Schluter Systems have any liability for any indirect, special, incidental, punitive, exemplary,
or consequential damages, including lost profits, arising out of or otherwise connected to the failure of the Products or Tile Assembly, regardless of any strict liability or active or
passive negligence of Schluter Systems, and regardless of legal theory, whether in contract, tort, extra-contractual or other. This Limited Warranty further excludes any loss or damage
arising out of or otherwise connected to: acts of war, terrorism, fire, explosion, natural disaster, acts of God, any failure to comply with the Written Materials, inadequate subfloor/
substrate, improper preparation or other failure of subfloor/substrate, faulty or negligent penetration of the Products or subfloor/substrate, intentional acts of destruction, structural
failure, misuse of or failure to maintain the Products, normal wear and tear, scratches, dents, corrosion or discoloration (whether caused by excessive heat, chemical cleaning
products, abrasive agents or otherwise), efflorescence and shading which are a natural occurrence with cementitious materials and are not considered a defective condition for the
purposes of this Limited Warranty, variations of texture, color or shade from those on product samples, packaging materials or other marketing materials, or other causes unrelated
to the Products (e.g. excess point loading, overvoltage). This Limited Warranty excludes exterior applications, unless specifically approved in writing on a case by case basis by the
Schluter Systems Technical Services Director.
This Limited Warranty is conditioned and will be considered null and void and Schluter Systems will have the right to refuse any claims if: (a) the Products have been improperly stored
or installed, (b) any non-Schluter Systems product is substituted for a Schluter Systems component in a Schluter
®
-Shower System, or (c) the Products are subject to abusive or
abnormal use, lack of maintenance, or used in a manner other than that for which the Products were designed or in any way contrary to the Written Materials
DISCLAIMER: There are no warranties beyond this expressed warranty as stated herein. To the extent permitted by law, all other warranties, representations or conditions, expressed
or implied, are hereby disclaimed and excluded, including but not limited to the implied warranties of MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE (as limited
to such purposes as described in the Written Materials) or arising from a course of dealing, usage of trade or otherwise by law. ANY IMPLIED WARRANTIES ARISING BY OPERATION OF
LAW ARE LIMITED IN DURATION TO THE TERM OF THIS LIMITED WARRANTY. NO REPRESENTATION, PROMISE, AFFIRMATION OR STATEMENT BY ANY EMPLOYEE OR AGENT
OF SCHLUTER SYSTEMS WILL BE ENFORCEABLE AGAINST SCHLUTER SYSTEMS UNLESS IT IS SPECIFICALLY INCLUDED IN THIS LIMITED WARRANTY OR AUTHORIZED IN
WRITING BY THE SCHLUTER SYSTEMS TECHNICAL SERVICES DIRECTOR. This Limited Warranty is given in lieu of any other warranty, whether expressed or implied. The remedies
contained herein are the only remedies available for breach of this Limited Warranty. This Limited Warranty extends only to the Owner and is not transferable or assignable unless
authorized by written agreement and signed by the Schluter Systems Technical Services Director or otherwise prohibited by specific state or provincial law. This Limited Warranty gives
you specific legal rights; some states and provinces do not allow disclaimers or other restrictions of implied warranties; some of the above disclaimers may not apply to you. No changes
or modifications of any terms or conditions of this Limited Warranty are permitted unless duly authorized in writing by the Schluter Systems Technical Services
Director. This Limited Warranty shall supersede and replace any and all prior oral or written warranties, agreements, or other representations made by or on behalf of Schluter Systems
relative to the Products or the application of the Products and shall apply to any installation occurring on or after January 1, 2018. If the Schluter
®
-Shower System is used in conjunction
with other Schluter products, a different Schluter warranty may apply. For the most current information and materials regarding Schluter Systems warranties and programs, please visit
https://www.schluter.com/schluter-us/en_US/downloadfiles.
MAKING A CLAIM: To make a claim under this Limited Warranty, the Owner must provide Schluter Systems
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with written notice within thirty (30) days of any alleged defect in the
Products covered by this Limited Warranty, together with date and proof of purchase of such Products and/or all of its components and name and address of all installers and all
invoices related to the original installation, failing which this Limited Warranty shall have no legal effect
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. Schluter Systems reserves the right at its election and as a condition of this
Limited Warranty to inspect the alleged failed and/or defective Products.
All U.S. Claims shall be sent to: All Canadian Claims shall be sent to:
Schluter Systems L.P. Schluter Systems (Canada), Inc.
Attn: Warranty Claims Dept. Attn: Warranty Claims Dept.
194 Pleasant Ridge Road 21100 chemin Ste-Marie
Plattsburgh, NY 12901-5841 Ste-Anne-de-Bellevue, QC H9X 3Y8
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If there are any conflicting terms between any Written Materials, the most recently updated document shall be deemed to control.
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This Limited Warranty is limited to sales of the Products made in and intended for use in the United States and Canada. For the purposes of this Limited Warranty, Schluter
Systems L.P. shall offer warranty coverage to Owners located in the United States, and Schluter Systems (Canada) Inc. shall offer warranty coverage to Owners located in Canada.
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In the event that Owner fails to provide such required invoices relating to the original installation, Schluter Systems shall pay Owner an amount equal to the average, reasonable
costs of a comparable installation. If the parties fail to agree on such amount, such dispute shall promptly, and in the first instance, be submitted: (a) if a U.S. claim, to arbitration in
Clinton County, New York, in accordance with the rules of the American Arbitration Association, or (b) if a Canadian claim, in the Province of Quebec, Canada, in accordance with
the ADRIC Arbitration Rules. Any outcome of such arbitration proceeding shall be final and binding upon the parties hereto.