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Limited Lifetime Warranty
Peak Profile Co. (hereinafter “Manufacturer”) Warrants
that each fence product will not rot, decay, split, check, splinter
or suffer termite or fungal damage, abnormal weathering or abnormal
discoloration under conditions of normal use and service. The Manufacturer
warrants only those products manufactured by it and warranty extends
only to the original purchaser unless the warranty is transferred
according to the terms and conditions specified herein. The Warranty
provided herein is expressly conditioned upon the use of the product
in connection with a residential structure and its installation
in accordance with Manufacturer’s written guidelines.
EXCLUSIONS:
Peak Profile Co. shall not be liable for and this warranty does
not apply to any failure, defect or damage resulting from or connected
with the following:
A. Defects not caused by Manufacturer (for example, but not limited
to: accidents, misuse, improper applications or installations contrary
to industry or Manufacturer standards).
B. Fence that has been painted or had its surface treated with other
than approved chemicals.
C. Fence subject to impact of foreign objects, tornado, hurricane,
other violent storms, fire, air pollutants, normal weathering of
surfaces, abnormal discoloration due to improper maintenance, or
acts of God.
D. Hardware, gate or accessory items; installation on these products
or defects caused by their installation.
WARNING:
Manufacturer and its employees are not qualified to approve, recommend
or advise as to the suitability of its product for all possible
end use and applications. Each purchaser of fence profiles is solely
responsible for determining the effectiveness, suitability and safety
of any particular use or application of the product. Local Code
authority and fire marshal’s office should be consulted as
to its safety for its intended uses. Like other fencing materials,
Peak Profile Co. Fence Products cannot be expected to contain a
horse or other large animals that want to break the fence enclosing
them, and therefore makes no representation about and does not warrant
against such an occurrence.
REGISTRATION OF WARRANTY:
The attached warranty registration card must be completed, signed
by the original purchaser, and the installing contractor and returned
to Peak Profile Co. within thirty (30) days after completion of
installation of products in order for purchaser to be eligible for
coverage under this warranty.
TRANSFER OF WARRANTY:
This warranty is transferable by the original owner to any subsequent
owner of its property on a pro-rated basis, from the original date
of installation, provided Peak Profile receives a written request
of transfer, proof of the original purchase, and a $100 transfer
fee payable to Peak Profile Co. within thirty (30) days from the
date of real estate title transfer. Failure to request or to transfer
the warranty to the new owner and pay the specified transfer fee
will relieve Peak Profile Co. of any further obligation under this
warranty. In the event of a transfer of the warranty as provided
above, the warranty period will be pro-rated as follows:
During the first ten (10) years after the date of original installation
of the product, Peak Profile Co. will, at its option, replace the
section or part of the product, or refund the prevailing cost of
the section or part of the product in your geographical area at
the time of replacement or the original pro-rated purchase price,
which ever shall be less. Beginning in the eleventh (11th) year
through the twenty eighth (28th) year, Peak Profile Co.’s
responsibility will decrease by 5% per year until at the end of
the twenty eighth (28th) year when Peak Profile Co.’s responsibility
will be limited to 10% of the original cost of the material based
on Peak Profile Co.’s list price at the date of purchase for
the remaining period. The warranty period shall not be extended
by any repairs or replacement.
CLAIMS AND REMEDIES:
A claim under this warranty must be reported in writing with proof
of purchase, to Peak Profile Co. 1245 South 700 West, Salt Lake
City, Utah, 84104 within thirty (30) days of the date that the defect
is first discovered or reasonably could be discovered. A reasonable
time should be allowed for inspection purposes, or at Manufacturer’s
option, freight to Manufacturer’s premises to be prepaid by
the purchaser for examination of the alleged defective product.
Manufacturer shall be the sole judge of whether or not the product
is defective and if the defect is due to manufacturing defects.
This warranty does not cover the cost of installation or fabrication
of any defective products or the cost of installation of any replacement
product furnished under the terms of the warranty. The foregoing
express warranty excludes all other warranties, express or written,
made by Manufacturer or any agent thereof, which is not contained
or authorized herein, will be recognized by Manufacturer for consumer
purchases, implied warranties or merchantability and fitness of
a particular purpose are not excluded. By acceptance of the use
of this product, purchaser agrees, that Manufacturer liability and
the purchaser’s exclusive remedy for the breach of any warranty
shall be limited in all events to replacement of any section or
part of this product which shall be returned to Manufacturer and
which is found to be defective.
This Warranty may not be altered or amended except in a written
instrument signed by Manufacturer or subsequent owner. No dealer
or other person or entity is authorized by the Manufacturer to make
statements or representations regarding the performance of Peak
Profile Co. Fence Products except as contained in this Warranty,
and the Manufacturer shall not be bound by any such statements other
than those contained herein.
THE FOREGOING WARRANTY IS EXCLUSIVE AND IN LIEU OF ANY AND ALL
OTHER APPLICABLE WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT
LIMITATION, AND IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE.
Some states do not permit limitations on the duration of implied
warranties or exclusions or limitations of incidental or consequential
damages. This warranty gives you specific legal rights. You may
have other rights which vary from State to State.
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