|ELK COMPOSITE BUILDING PRODUCTS, INC.,
("ELK") warrants to the original consumer ("Original
Owner") who purchases ELK CROSSTIMBERS™ decking material
("Decking") that the Decking (1) on the date of purchase
is free from defects in materials or manufacturing workmanship that
would adversely affect the performance of the Decking and (2) will
not rot, splinter, decay, split, check or suffer termite damage
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 Decking and continues only for the
applicable limited warranty periods described below.
Decking Limited Warranty Periods
Period: 20 years
Period: 5 years
THE USEFUL LIFE OF DECKING MAY BE AFFECTED BY
MANY FACTORS, INCLUDING: THE WEATHER CONDITIONS TO WHICH IT IS
EXPOSED; THE QUALITY OF ITS INSTALLATION; THE TYPE AND QUALITY
OF THE CONSTRUCTION; AND OTHER FACTORS OVER WHICH ELK HAS NO CONTROL.
THIS LIMITED WARRANTY DESCRIBES YOUR REMEDY IN THE EVENT YOUR
CROSSTIMBERS DECKING IS FOUND TO HAVE DEFECTS IN MATERIAL OR MANUFACTURING
WORKMANSHIP WHICH ADVERSELY AFFECT PERFORMANCE BEFORE THE EXPIRATION
OF THE APPLICABLE WARRANTY PERIOD. NO LIMITED WARRANTY CAN ASSURE
THAT THE COVERED PRODUCT WILL LAST THE ENTIRE LENGTH OF THE APPLICABLE
LIMITATIONS OF REMEDIES AND LIABILITY: This
Limited Warranty is the sole and exclusive remedy provided by
ELK for Decking containing manufacturing defects affecting performance.
For claims of Original Owners, to the extent of the Decking that
actually manifests defects in material or manufacturing workmanship
which affect performance during the five years commencing on the
date of original purchase of the Decking, ELK shall either: (1)
pay the reasonable replacement cost of defective Decking and the
reasonable cost of reconstruction labor for such Decking, not
exceeding two (2) times reasonable replacement cost of defective
Decking; or (2) pay the reasonable cost for repair of the defective
Decking. For claims of Original Owners, to the extent of the Decking
that actually manifests defects or manufacturing workmanship which
affect performance during the portion of the Limited Warranty
coverage period that falls after the Non-prorated Labor and Materials
Coverage Period, ELK shall either: (1) pay the prorated reasonable
replacement cost of defective Decking, without labor; (2) Provide
non-defective replacement Decking only; or (3) pay the reasonable
cost for repair of the defective Decking. THESE REMEDIES ARE THE
ONLY REMEDIES OF THE ORIGINAL OWNER FOR ANY DAMAGES FROM DEFECTIVE
DECKING. 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.
After the applicable five-year non-prorated
warranty period, the replacement cost which ELK will pay to an
Original Owner will be reduced by the amount of usage received
from the Decking; in that event, ELK will pay a prorated percentage
of the applicable reasonable replacement cost of the Decking excluding
any and all labor, which will be calculated by dividing the number
of months remaining in the Decking's warranty period by the number
of months in the original limited warranty period. If providing
replacement decking, ELK, wherever possible, shall replace Decking
with decking of the same color and design. ELK reserves the right
to replace defective Decking with decking of similar color or
design. The reconstruction labor covered in the Non-Prorated portion
of this Limited Warranty does not include costs for tear-off,
dump fees, fasteners, or related work.
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, WHETHER ORAL OR WRITTEN. ELK
HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED
WARRANTIES 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 DECKING, OR FROM DEFECTS OR NONCONFORMITY
TO SPECIFICATIONS OF ELK DECKING, OR FROM ELK'S OWN NEGLIGENCE
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 Decking, 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 STATE TO STATE. 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 Decking 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 Decking
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
Decking 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) Decking fasteners backing out or failing; (f)
improper handling or storage of the Decking by parties other than
ELK; or (g) abuse, improper use or use not intended for the Decking.
Further, this Limited Warranty does not cover claims for variations
or changes in color of Decking 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 Decking to:
ELK at 15500 W. 108th St; Lenexa, KS 66129 (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 Decking, ELK will review your letter and may ask for samples
of the Decking, and photographs showing the extent of the problem.
You are responsible for providing these items, which ELK will
be entitled to retain, and any other materials reasonably requested,
at your expense. You must allow reasonable time for investigation,
including on-site inspection by an ELK employee and laboratory
testing of the suspect Decking. ANY CLAIM FOR DECKING 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
THE LIMITED WARRANTY IS A TERM AND CONDITION
OF EACH SALE OF ELK DECKING AND IS BINDING UPON EACH ORIGINAL
PURCHASER AND THEIR SUCCESSORS IN INTEREST.
EFFECTIVE DATE: THIS LIMITED WARRANTY
IS EFFECTIVE FOR ALL ELK CROSSTIMBERS DECKING, OR OTHER ELK DECKING
SOLD AFTER: January 15, 2003 in the United States.