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1. Limited Warranty Coverage:
James Hardie Building Products, Inc.
(''Hardie'') warrants (for
installation within the U.S. and
Puerto Rico) to the purchaser and
all transferees prior to and
including the first owner of the
structure to which the Product is
applied, and the first transferee of
such structure (each a ''covered
person'') that when manufactured,
the Hardie Fiber-Cement Plank or
Panel Product HardiePlank™ or
HardiePanel™ , (the ''Product'')
complies with ASTM C1186, and is
free from defects in material and
manufacture. When used for its
intended purpose, properly installed
and maintained according to Hardie™
published installation instructions,
the Product for a period of 50 years
from the date of purchase will
(a) remain non-combustible,
(b) resist damage caused by hail
or termite attacks, and (c)
will not crack, rot or delaminate.
If during the Warranty period, any
Product proves to be defective,
Hardie, in its sole discretion,
shall replace the defective Product
before it is installed, or, during
the first year, reimburse the
covered person for resulting losses
up to twice the retail cost of the
defective portion of the Product.
During the 2nd through the 50th
year, the warranty payment shall be
reduced by 2% each year such that
after the 50th year no warranty
shall be applicable. If the original
retail cost cannot be established by
the covered person, the cost shall
be determined by Hardie in its sole
and reasonable discretion. Hardie™
replacement of the defective Product
or granting of a refund pursuant to
Section 1 of this Warranty SHALL BE
THE SOLE EXCLUSIVE REMEDY available
to the covered person with respect
to any defect. Hardie will not
refund or pay any costs in
connection with labor or accessory
materials.
2. Conditions Of Warranty:
Hardie™ liability hereunder to the
covered person shall be subject to
the following terms and conditions:
- The claimant must provide
proof that he/she is a covered
person.
- The Product must be stored
according to the manufacturer's
instructions at all times
between purchase and
installation.
- The Product must be
installed according to Hardie™
printed installation
instructions and all building
codes adopted by federal, state
or local governments or
government agencies and
applicable to the installation.
Failure to install and finish
the product per the
manufacturer's published
instructions may effect Product
performance and voids the
Warranty.
- The covered person must
provide written notice to James
Hardie Building Products, Inc.
within 30 days after discovery
of any claimed defect or failure
covered by this Warranty and
before beginning any permanent
repair. The notice must describe
the location and details of the
defect and such information as
is necessary for Hardie to
investigate the claim. Photos of
the product, showing the defect
or failure are not only helpful,
but also must accompany the
notice, when appropriate.
- Upon discovery of a possible
defect or failure, the covered
person must immediately, and at
the covered person's own
expense, provide for protection
of all property that could be
affected until the defect or
failure is remedied. Before any
permanent repair to the Product,
the covered person must allow
Hardie or Hardie's agent to
enter the property and structure
where the Product is installed,
and examine, photograph and take
samples of the Product.
3. Exclusions:
This Warranty does not cover damage
or defects resulting from or in any
way attributable to: (a) the
improper storage, shipping, handling
or installation of the Product
(including, without limitation,
failure of the Product to be
installed in strict compliance with
the terms and conditions set forth
in Section 2 (c) of this warranty)
and/or improper installation of
studs or other accessories; (b)
neglect; (c) abuse; (d) misuse; (e)
repair or alteration; (f) settlement
or structural movement and/or
movement of materials to which the
Product is attached; (g) damage from
incorrect design of the structure;
(h) exceeding the maximum designed
wind loads; (i) acts of God
including, but not limited to,
hurricanes, tornados, floods,
earthquakes, severe weather or other
natural phenomena, (including, but
not limited to, unusual climate
conditions); (j) efflorescence or
performance of any paints and/or
coatings which are not Hardie and/or
Hardie affiliated applied; (k)
growth of mold, mildew, fungi,
bacteria, or any organism on any
surface of the siding (whether on
the exposed or unexposed surfaces)
and in this respect, ANY CLAIMS OF
DAMAGE CAUSED BY MOLD OR MILDEW ARE
EXPRESSLY EXCLUDED; (l) lack of
proper maintenance; (m) any cause
other than manufacturing defects
attributable to Hardie.
4. Disclaimer:
The statements in this Warranty
constitute the only warranty
extended by Hardie for the Product.
HARDIE 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.
5. Exclusion Of Incidental And Consequential Damages:
IN NO EVENT WILL HARDIE BE LIABLE
FOR ANY INCIDENTAL, SPECIAL,
INDIRECT, OR CONSEQUENTIAL DAMAGES,
WHETHER RESULTING FROM NONDELIVERY
OR FROM THE USE, MISUSE, OR
INABILITY TO USE THE PRODUCT OR FROM
DEFECTS IN THE PRODUCT. Some states
do not allow the exclusion or
limitation of incidental or
consequential damages, so the above
limitation may not apply to you.
6. Modifications And Alterations Of Product:
Hardie shall have no responsibility
hereunder for defective Product
subjected to further processing or
alteration after shipment.
7. Settlement Of Claim:
Any refund or material replacement
by Hardie pursuant to Section 1
hereof shall constitute a full
settlement and release of all claims
of any covered person hereunder for
damages or other relief, and shall
be a complete bar to any litigation
filed subsequently to the covered
person's acceptance of such an
agreement.
8. Modification Or Discontinuation Of Products:
Hardie reserves the right to modify
or discontinue any of its products
without notice and shall not be
liable as a result of such
modification or discontinuation.
Toll free claims telephone number:
866-375-8603
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