Warranty

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PAVERDECK
Warranty
Structural Warranty and Limitation of Liability
1) STRUCTURAL WARRANTY. Subject to the limitations set forth below, Evolutiondeck Inc. (“EDECK”) warrants to the original
purchaser (“CLIENT”) for a period of thirty (30) years from the date of purchase that the galvanized steel structure (“Product”) supplied
by EDECK will not become structurally unfit, which is defined as corrosion causing a perforation of the component, after proper
installation and normal use and service conditions (the “Structural Warranty”). This warranty is exclusive to the original purchaser and is
not transferable.
2) THIRD PARTY MANUFACTURER WARRANTIES. Where transferable, CLIENT shall be entitled to the benefit of and to the extent
of any original manufacturer warranties for products not manufactured by EDECK, subject to the terms and conditions of such
warranties.
3) EXCLUSIONS. This Limited Warranty does not cover defects, damage to Products or Product failure caused by: (a) a defect or
failure in any product not authorized by EDECK; (b) alteration, improper handling, maintenance or repair by others; (c) falling objects (d)
abuse, abnormal use or accident; (e) use for a purpose or in a manner for which the Product was not intended; (f) movement, distortion,
collapse or settling of the ground or the supporting structure on which Products are installed; (g) any act of God (such as flooding,
hurricane, earthquake, lightning, etc.); (h) corrosion occurring from factors other than environmental or atmospheric conditions
(including from chemicals, salt-spray, areas that come into contact with green or wet or pressure treated lumber, areas subject to water
accumulation or run-off from lead or copper flashings etc.); (i) installation of Products within 3,000 feet of any body of salt water; and (j)
failure by CLIENT to duly annually inspect and replace anode systems when required.
4) WARRANTY VOIDED. The Limited Warranty is void if: (a) any materials or other structural products not provided by or authorized by
EDECK are used with the warranted Products in the structure; or (b) EDECK does not receive timely written notice of alleged defects
and proof of purchase before the earlier of: (i) 10 days of the defect or failure becoming known or ascertainable to the CLIENT and (ii)
thirty (30) years from the original date of purchase of Products. Notice is to be sent by registered mail to Evolutiondeck Inc., Box 199,
605 Ridge Street, Sault Ste Marie, MI 49783.
5) EXCLUSIVE REMEDY: Subject to compliance with the terms of this Limited Warranty, EDECK will, at its option and in its sole
discretion repair the structure or provide replacement Products. The replacement Product is provided without installation and is
warranted for the remaining balance of the original warranty period. The exclusive remedy under this limited warranty is repair or
replacement of defective products at EDECK’s option. This limited warranty shall not cover any costs and expenses incurred with
respect to the removal of defective Products or the installation of replacement materials, including but not limited to labor and freight.
In
no event will warranty compensation or other liability or damages available from EDECK exceed the original purchase price paid by
CLIENT for the Products.
6) LIMITATION OF LIABILITY. The CLIENT agrees, to the fullest extent permitted by law, to limit the liability of EDECK to the CLIENT
for any and all claims, losses, costs, damages of any nature whatsoever or claims expenses from any cause or causes, including
attorneys’ fees and costs and expert witness fees and costs, so that the total aggregate liability of EDECK to the CLIENT shall not
exceed the original price paid by CLIENT for purchased Products. It is intended that this limitation apply to any and all liability or cause
of action however alleged or arising, unless otherwise prohibited by law.
7) SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. Under no circumstances will EDECK be liable for special, incidental or
consequential damages, whether such damages are sought in contract, in tort (including but not limited to negligence and strict liability)
or otherwise. EDECK’s liability with respect to any defective design, Products or installation shall in no event exceed the replacement of
such Products. Where, due to operation of law, consequential and incidental damages under this limited warranty, under any other
express warranty not negated hereby or under any implied warranty not negated hereby (including the implied warranties of
merchantability and fitness for particular purpose) cannot be excluded, such damages are expressly limited in amount to the original
purchase price paid for Products.
8) EXCLUSION OF OTHER WARRANTIES: This Limited Warranty is in lieu of all other warranties, express or implied. ALL OTHER
WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ARE EXPRESSLY DISCLAIMED.
9) CHOICE OF LAW: This contract shall be governed by, and construed in accordance with, the internal laws and judicial decisions of
the State of Delaware, without regard for any choice or conflict of laws considerations. All conditions limiting remedies or liability of this
Limited Warranty are independent, and any determination that such condition fails of its essential purpose or any other determination
that any condition or provision is unenforceable, shall not be construed to make any other provisions unenforceable. In the event any
portion of this Limited Warranty shall be determined to be invalid under any applicable law, such provision shall be deemed null and
void and the remainder of this Limited Warranty shall continue in full force and effect.
10) DISPUTES. Any dispute or difference arising out of or in connection with this Limited Warranty shall be exclusively determined by
arbitration in accordance with the Chapter 57 - UNIFORM ARBITRATION ACT in effect in Delaware as amended from time to time.
Each party shall be solely responsible for their own costs and expenses incurred in the advancing and defending their claim or dispute
herein.
11) Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or
exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from
jurisdiction to jurisdiction.