Warranty

Plycem USA, Inc. • 10945 State Bridge Road • Suite 401-304 • Atlanta, Georgia 30322-5676
www.plycemtrim.com • 678-517-4851 • [e-mail]
I. Warranty: Plycem USA, Inc. (“Plycem”) warrants (within the United
States of America and its territories) to the purchaser and all transferees
prior to and including the first owner of the structure where the Product
(as defined below) was installed or fixed and the first transferee of such
structure (hereinafter, the Owner), that when manufactured, the Product
complies ASTM C1186, and is free from material and manufacturing
defects. When the Product is used for its intended purpose, is properly
installed, incorporated or fixed and maintained according to Plycem’s
published installation instructions, the Product will not delaminate, will
remain non-combustible, and will not be susceptible to damage caused by
hail or termite attacks during the Warranty Period.
II. Covered Products: The products covered by this warranty are those
products manufactured or sold by Plycem under the trade names PLYCEM
TRIM
®
, for use in construction, according to Plycem’s published installation
instructions (hereinafter the Product or Products).
III. Warranty Period: This warranty shall remain in effect for 25 years
from the date of the first sale of the Product (the Warranty Period).
IV. Remediation: If during the Warranty Period any Product proves to
be defective, Plycem, at its sole discretion, shall either: a) replace the
defective Product, excluding labor and other costs related to disassembly,
reinstallation, or associated accessories or materials costs; or b)
reimburse the owner an amount equal to the current market cost of the
defective Product (excluding sales tax) less depreciation. The amount of
depreciation applicable will be equal to 4% of the current market cost of
the Product times the number of years elapsed since the date of the original
purchase. Plycem will be authorized, at its sole discretion, to determine the
current market cost for the replacement of the Product. SECTION IV OF
THIS WARRANTY SHALL BE THE SOLE AND EXCLUSIVE REMEDY
AVAILABLE TO THE OWNER WITH RESPECT TO ANY DEFECT OR
FAILURE.
V. Warranty Conditions: This warranty shall be subject to compliance
with all of the following terms and conditions: (i) the claimant must provide
proof that he/she is the Owner, as defined in Clause I; (ii) the Product must
be properly transported, handled and stored at all times between purchase
and installation, according to Plycem’s instructions; (iii) the Product must
be installed according to Plycem’s printed installation instructions and all
building codes adopted by federal, state or local governments or government
agencies and applicable to the installation; (iv) the Owner shall notify
Plycem in writing, within 30 days after discovery of any claimed defect or
failure covered by this warranty, and provide a description of the problem
and sufficient details, including a photograph showing the defect or fault
or reason for the claim, sufficient for Plycem to act on the claim; Plycem
may request, and owner shall supply, such additional information as may
be reasonably necessary for investigation of the claim; (v) upon discovery
of a possible defect or failure of the Product, the owner must immediately,
and at the Owner’s expense, take all the reasonable measures to protect
the Product and/or the property that could be affected until the defect or
failure is remedied, (vi) at Plycem’s request, the Owner will arrange and
provide access to Plycem’s representatives to the Product and property in
which it is located, incorporated, installed or fixed, and will allow them to
freely investigate, inspect, take photographs and take reasonably required
samples.
Limited Product Warranty
VI. Exclusions: This warranty does not cover damages or defects resulting
from or in any way attributable to: (i) failure to follow Plycem’s instructions,
abuse or negligence during transportation, storage or handling of the
Product at any time after its sale by Plycem; (ii) the improper, negligent
or unauthorized use or installation of the Product, or failure to use and
install it in compliance with the written instructions published by Plycem,
or its use or installation in a form incompatible with applicable building
codes, regulations and norms; (iii) repairs, alterations or reinstallation
of the Product; (iv) structural deficiencies, defects of structural design,
settlement, structural movement or movement of the materials to which
the Product is installed or affixed, or to which it has been incorporated; (v)
hurricanes, tornados, earthquakes, tremors, floods, severe weather, falling
objects and other such natural phenomena; (vi) force majeure or other
casualty of God; (vii) GROWTH OF MOLD, MILDEW, FUNGI, BACTERIA
OR ANY OTHER ORGANISM ASSOCIATED WITH HUMIDITY, ON
ANY SURFACE OF THE PRODUCT; (viii) inadequate, negligent or lack
of maintenance of the Product or the structures to which it is fixed or
in which it is incorporated; (ix) the presence in the atmosphere or the
structure in which the Product is installed, incorporated or fixed, of
chemical or biological polluting agents, acids or similar agents, which alter
or adversely affect the Product; (x) the presence of efflorescence, the
inadequate performance of paints and/or coatings of any nature applied
by parties other than Plycem; (xi) acts of war, terrorism, violence of civil
hostility; (xii) abuse or misuse of the Product; (xiii) any cause other than
manufacturing defects attributable directly to Plycem.
VII. Disclaimer: The statements in this warranty constitute the only
warranty extended by Plycem for the Product. PLYCEM DISCLAIMS ALL
OTHER WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, except where Product purchase is subject to
consumer product warranty law, or by usage of trade or course of dealing,
in which instances the duration of any applicable implied warranties are
limited to the first elapse of the warranty period provided above, or such
shorter period as applicable law permits or requires. Some states do not
allow limitations on how long an implied warranty lasts, so the above
limitation may not apply to you. No other warranty will be made by or on
behalf of the manufacturer or the seller or by operation of law or by usage
of trade or course of dealing with respect to the Product or its installation,
storage, handling, maintenance, use, replacement or repair. This warranty
gives you specific legal rights and you may also have other rights which
vary from state to state.
VIII. Others: To ensure the safe and proper use of these Products, Plycem
will provide the buyer with the instructions and safety requirements
for the installation and maintenance of the Product. IN NO CASE AND
UNDER NO CIRCUMSTANCE WILL PLYCEM BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES,
WHETHER RESULTING FROM NONDELIVERY OR FROM THE USE,
MISUSE, OR INABILITY TO USE THE PRODUCTS OR FROM DEFECTS
IN THE PRODUCTS, INCLUDING BUT NOT LIMITED TO DAMAGES
TO ANY STRUCTURE OR ITS CONTENTS. Some states do not allow
the exclusion or limitation of incidental or consequential damages, so the
above limitation may not apply to you. Plycem reserves the right to alter,
change, modify or discontinue any of its products without notice and shall
not be liable as a result of such modification or discontinuation.
IX. Claims: All claims are to be directed to Plycem USA, Inc. at
the address below or or online at www.plycemtrim.com.