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Paragon Plastics Inc. (herein “Manufacturer”) warrants
that each
fence and deck product will not rot, decay, split, check, splinter
or suffer termite damage, abnormal weathering or abnormal discoloration
under conditions of normal use and service. The Manufacture warrants
only those products manufactured by it and this warranty extends
only to the original purchaser. 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:
Paragon Plastics Inc. 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, installation or alterations
contrary to industry or Manufacturer standards).
B. Fence that has been painted or had its surface exposed to other
than approved chemicals.
C. Fence product subject to impact of foreign objects, tornado,
hurricane, flood, 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.
E. Any consequential or incidental damages.
OTHER CONSIDERATIONS:
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 products 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 intended uses. Paragon Plastics Inc. reserves the right to
discontinue or change any products as manufactured. If the products
covered by this Limited Warrant are not available, Paragon Plastics
Inc. shall have the right to substitute a product that, in its sole
discretion, is of equal quality or value. This Limited Warranty
does not include any costs incurred in the removal or replacement,
reassembly, installation, or reinstallation of the products nor
does it include any costs and expenses incurred in returning the
products to the factory, if return is required by Paragon Plastics
Inc.
REGISTRATION OF WARRANTY:
The attached warranty registration card must be completed, signed
by the original purchaser, and the installing contractor and returned
to Paragon Plastics Inc. within (30) days after purchase of products
in order for purchaser to be eligible for coverage under this warranty.
WARRANTY:
The warranty period will be pro-rated as follows: During the first
(10) years after the date of original purchase date of the product
Paragon Plastics Inc., 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 eight (28) year, Paragon Plastics Inc.’s responsibility
will decrease by 5% per year until the end of the twenty eight (28)
year when Paragon Plastics Inc.’s responsibility will be limited
to 10% of the original cost of the material based on Paragon Plastics
Inc.’s list price at the date of purchase for the remaining
period. The warranty 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 Paragon Plastics Inc. 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 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, the 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 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 Paragon Plastics Inc.
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 limitation 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 will vary from state to state.
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