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CrossTimbers™ Decking/Fencing Limited Warranty
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.

CrossTimbers Decking Limited Warranty Periods

Coverage Period: 20 years

Coverage 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 WARRANTY PERIOD.

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 Limited Warranty.

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.


 

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