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RailWays™ Railing Limited Warranty
ELK COMPOSITE BUILDING PRODUCTS, INC., (“ELK”) warrants to the original purchaser (“Original Owner”) who purchases ELK RAILWAYS™ Old World Series or ELK RAILWAYS™ Traditional Series railing systems and materials (“Railings”) that the Railings (1) on the date of purchase are free from defects in materials or manufacturing workmanship that would adversely affect the performance of the Railings and (2) will not rot, splinter, decay, split, check or suffer termite damage during the applicable limited warranty period under conditions of normal use and service. This Limited Warranty is personal to the Original Owner and may not be transferred to any other party.

LIMITED WARRANTY PERIODS: This Limited Warranty commences at the completion of the proper original installation of the Railings and continues only for the applicable limited warranty periods described below.

Coverage Period = 20 years
Coverage Period = 5 years

THE USEFUL LIFE OF RAILINGS MAY BE AFFECTED BY MANY FACTORS, INCLUDING: THE WEATHER CONDITIONS TO WHICH THEY ARE EXPOSED; THE TYPE AND QUALITY OF THEIR INSTALLATION AND THE RELATED CONSTRUCTION; AND OTHER FACTORS OVER WHICH ELK HAS NO CONTROL. THIS LIMITED WARRANTY DESCRIBES YOUR REMEDY IN THE EVENT YOUR ELK RAILINGS ARE FOUND TO HAVE DEFECTS IN MATERIAL OR MANUFACTURING WORKMANSHIP WHICH ADVERSELY AFFECT PERFORMANCE BEFORE THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD. NO WARRANTY CAN ASSURE THAT THE COVERED PRODUCT WILL LAST THE ENTIRE LENGTH OF THE APPLICABLE LIMITED WARRANTY PERIOD.

LIMITATIONS OF REMEDIES AND LIABILITY: This Limited Warranty is the sole and exclusive remedy provided by ELK for Railings containing manufacturing defects. For claims of Original Owners, to the extent of the Railings that actually manifest defects in material or manufacturing workmanship which affect performance during the five years commencing on the date of original purchase of the Railings, ELK shall either: (1) pay the reasonable replacement cost of defective Railings and the reasonable cost of reconstruction labor for such Railings, not exceeding two (2) times reasonable replacement cost of materials (replacement Railings only); or (2) pay the reasonable cost for repair of the defective Railings. For claims of Original Owners, to the extent of the Railings that actually manifest defects or manufacturing workmanship which affect performance during the fifteen-year portion of the Limited Warranty coverage period that falls after the five-year Non-prorated Labor and Materials Coverage Period, ELK shall either: (1) pay the reasonable replacement cost of defective Railings (materials only, without labor); (2) provide non-defective replacement Railings only; or (3) pay the reasonable cost for repair of the defective Railings. THESE REMEDIES ARE THE ONLY REMEDIES OF THE ORIGINAL OWNER FOR ANY DAMAGES FROM DEFECTIVE RAILINGS. The decision on which of the stated remedies is provided to an Original Owner in each individual case shall be at the sole discretion of ELK.

If providing replacement Railings, ELK, wherever possible, shall replace Railings with Railings of the same color and design. ELK reserves the right to replace defective Railings with Railings of similar color or design. The reconstruction labor covered during the first five years of this Limited Warranty does not include costs for demolition, dump fees, fasteners, or ancillary construction or extra work not necessary or directly involved in the reconstruction or installation of your Railings.

DISCLAIMER OF WARRANTIES. THE WARRANTIES IN THE FIRST PARAGRAPH OF THIS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN BY ELK AND ARE IN PLACE OF ALL OTHERS, SUPERSEDING ANY PRIOR, CONTRARY OR OTHER REPRESENTATIONS OR UNDERTAKINGS, WHETHER ORAL OR WRITTEN. ELK HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OR CONDITIONS OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO PARTY, INCLUDING AN ELK REPRESENTATIVE, MAY ALTER OR MODIFY THIS LIMITED WARRANTY.

EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES. IN NO EVENT WILL ELK BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE OR INABILITY TO USE ELK RAILINGS, OR FROM DEFECTS OR NONCONFORMITY TO SPECIFICATIONS OF ELK RAILINGS, OR FROM ELK’S OWN NEGLIGENCE, FAULT OR OTHER TORT. This exclusion applies regardless whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory, and by purchasing ELK Railings, the Buyer waives and releases all other remedies, claims, and rights.

SOME STATES MAY NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THEORIES OF LIABILITY, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES THE ORIGINAL OWNER SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF ANY PROVISION OF THIS LIMITED WARRANTY IS INVALID, VOID OR UNENFORCEABLE IN ANY INSTANCE OR RESPECT, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND REFORMED TO EFFECT THE INTENT OF THIS LIMITED WARRANTY TO THE MAXIMUM EXTENT POSSIBLE, AND THE REMAINING PROVISIONS OF THIS LIMITED WARRANTY SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT WITHOUT BEING IMPAIRED OR INVALIDATED AND SHALL BE ENFORCED TO THE FULL EXTENT PERMITTED BY LAW.

WHAT IS NOT COVERED: ELK shall not be liable for, and this Limited Warranty does not apply to, any damages to the Railings or any other property from any cause other than the specific defects in materials or manufacturing workmanship defined in the Limited Warranty. The causes not covered by this Limited Warranty include, without limitation, damage to the Railings caused by: (a) fire, casualty or acts of God, such as earthquakes, flooding, lightning, hailstorms, hurricanes, tornadoes or other severe windstorms; (b) any material shifting, distortion or movement of the ground or supporting structure; (c) installation of the Railings not conforming with ELK’s instructions; (d) any exposure to or application of paints or of any improper cleaning solutions, coatings, harsh airborne or liquid chemicals or modifications of any kind; (e) Railings fasteners backing out or failing; (f) improper handling or storage of the Railings by parties other than ELK; or (g) abuse, improper or abnormal use or use not intended for the Railings. Further, this Limited Warranty does not cover claims for variations or changes in color of Railings or claims by owners or transferees not qualifying as Original Owners under this Limited Warranty.

HOW TO MAKE A CLAIM: To request performance of any obligation asserted under this Limited Warranty, you should, within thirty (30) days of discovery of a problem, send written notification along with a description or picture of the alleged defect with a copy of your proof of purchase of the Railings to: ELK COMPOSITE BUILDING PRODUCTS, INC., 15500 W. 108th St.; Lenexa, KS 66129 U.S.A. (1-913-599-5300).

HOW CLAIM WILL BE HANDLED: Within a reasonable period of time from receipt of the claim and proof of purchase of Railings, ELK will review your letter and may ask for samples of the Railings, and photographs showing the extent of the problem. You are responsible for providing these items at your expense. ELK will be entitled to retain these items, and any other materials reasonably requested. You must allow reasonable time for investigation, including on-site inspection by an ELK employee and laboratory testing of the suspect Railings. ANY CLAIM FOR RAILINGS WHICH HAS BEEN REPLACED PRIOR TO ELK’S RECEIPT OF WRITTEN NOTICE, SAMPLES, AND ON-SITE INSPECTION CONSTITUTES SPOLIATION AND WILL BE DENIED. If the investigation reveals manufacturing defects covered by this Limited Warranty, ELK will provide, within a reasonable period of time, a settlement in accordance with the conditions of the Limited Warranty.

THE LIMITED WARRANTY IS A TERM AND CONDITION OF EACH SALE OF ELK RAILINGS AND IS BINDING UPON EACH ORIGINAL PURCHASER AND THEIR SUCCESSORS IN INTEREST.

Effective Date: This Limited Warranty is effective for all ELK Railings sold after March 18, 2005 in the United States or Canada.


 

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Date: 2/16/2006
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