Terms and Conditions of Twenty Year Limited Warranty for GridworxTM Products
1. WHAT IS COVERED BY THIS LIMITED WARRANTY
Precision Wall Systems, Inc. (“PWS”) warrants during the applicable Warranty Period (defined below) that the GridworxTM mechanical stone hanging system products (collectively, the “Products”) when properly installed according to the specifications and procedures prescribed by PWS, and when used in combination with PWS’s other products in accordance with PWS’s specifications and procedures, shall be free from manufacturing and material defects, subject to the terms and conditions set forth below. This Limited Warranty extends only to the original purchaser of the Products from PWS or a PWS registered dealer (“Original Purchaser”). This Limited Warranty is not transferable to anyone who subsequently purchases the Products from the Original Purchaser. The Limited Warranty set forth herein shall not be effective until the Products subject to this Limited Warranty have been paid for in full.
2. LENGTH OF LIMITED WARRANTY AND REMEDY
This Limited Warranty is valid for a “Warranty Period” of twenty (20) years from the date the Products are installed for the Original Purchaser. During the Warranty Period, PWS, at its sole expense, will repair, or at PWS’s option, replace the Products which prove to be defective. All Products replaced under this Limited Warranty will become the property of PWS. Out-of-warranty voided warranty repairs will be completed at PWS’s or its registered dealer’s current rates for materials and labor. In the event a claim is made under this Limited Warranty, PWS shall have the right, but not the obligation, to verify, by its own representatives, the nature, extent and cause of the alleged defect.
3. TERMS AND CONDITIONS
This Limited Warranty does not apply to any Product not purchased from PWS or from a PWS registered dealer. This Limited Warranty also does not apply to failure, damage, or deterioration to the Product resulting from, without limitation, the following:
• abuse, mishandling, misapplication, misuse, neglect, negligence or use of the Product for purposes other than those for which it was designed;
• structural or other modifications or alterations of the Product not performed by PWS or a PWS registered dealer, or repair or attempted repair by anyone other than PWS or a PWS registered dealer;
• exposure to corrosives, contaminants, chemicals, salt or pollution;
• improper installation, use or handling of the Products;
• poor workmanship, construction deficiencies (including non-compliance with applicable building codes) or improper design;
• materials not produced by or sold by PWS;
• structural movement, settling or subsidence of the ground on which the Products are located or movement, settling or subsidence of surrounding or nearby structures or areas;
• insufficient or defective waterproofing (including, but not limited to, insufficient or defective waterproofing between PWS materials and non-
• vandalism, war, civil unrest, collision or other intentional or accidental events or acts; or
• fire, flood, storm, hail, wind, ice, earthquake, tornado, hurricane, lightning strike or other Acts of God.
No suit, litigation, or action will be brought based on the alleged breach of this Limited Warranty or implied warranties more than one (1) year after the expiration of this Limited Warranty. This Limited Warranty will be governed by the laws of the State of Texas, without regard to its conflict-of-laws rules.
4. HOW TO OBTAIN WARRANTY SERVICE
To submit a claim under this Limited Warranty during the Warranty Period, notify PWS in writing at the address below within 30 days of the discovery of the alleged defect. The written notice must include (i) proof of purchase, which can be established by attaching a copy of the purchase receipt or invoice, and (ii) a reasonably complete and detailed description of the alleged defect.
Customer Service & Warranty Support:
10980 Alder Circle
ph 214.774.4502 fax 214.432.5963
http:// www. gridworxwalls .com
5. LIMITS AND EXCLUSIONS
This Limited Warranty may not be changed or modified except in writing, signed by an authorized officer of PWS. No agents, employees and registered dealers of PWS (other than an authorized officer of PWS) are authorized to make modifications to this Limited Warranty, make additional representations, warranties or conditions binding on PWS about or for Products sold or licensed by PWS or assume any additional liability or responsibility for PWS in connection with the Products. Additional statements, whether oral or written, except signed written statements from an officer of PWS, do not constitute warranties and should not be relied upon.
THIS LIMITED WARRANTY IS EXCLUSIVE AND REPLACES ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND GUARANTEES OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, WHETHER BY STATUTE, AT LAW OR IN EQUITY, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES OF QUALITY, PERFORMANCE, RESULTS, DURABILITY, TITLE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FROM PWS AND REPRESENTS THE SOLE REMEDY AVAILABLE TO THE ORIGINAL PURCHASER. PWS MAKES NO OTHER REPRESENTATION, WARRANTY, CONDITION OR GUARANTEE OF ANY KIND OTHER THAN THAT STATED HEREIN.
FOR ANY BREACH OR DEFAULT BY PWS OF THIS LIMITED WARRANTY OR WITH RESPECT TO ANY CLAIM ARISING FROM OR RELATED TO THE PRODUCTS, PWS’S ENTIRE LIABILITY, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), WILL IN NO EVENT EXCEED THE AMOUNT PAID BY ORIGINAL PURCHASER TO PWS OR TO PWS’S AUTHORIZED DEALER FOR THE PRODUCT THAT IS THE SUBJECT OF THE CLAIM.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PWS SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FOR BREACH OF THIS LIMITED WARRANTY, NEGLIGENCE, STRICT PRODUCT LIABILITY, OR FOR ANY OTHER CAUSE. THIS LIMITATION OF LIABILITY WILL BE EFFECTIVE EVEN IF PWS HAS BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS. YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM ONE JURISDICTION TO ANOTHER.