PVC Fence Canada Warranty
Vision Profile Extrusions Limited TWENTY YEAR LIMITED WARRANTY
In this warranty, the following terms shall have the following meanings:
“Customer” shall mean the purchaser of Finished Products from Fabricator;
“Extrusions” shall mean the rigid vinyl extrusions manufactured and sold by Vision Profile Extrusions Limited (Vision) to the Fabricator, but excluding extrusions which are brown or any variation thereof in color;
“Fabricator” shall mean the original purchaser of the Extrusions, purchased for the purpose of fabricating Finished Products therewith;
“Finished Products’ shall mean products which incorporate the Extrusions and are fabricated by Fabricator in accordance with Vision Profile Extrusions Limited’s recommendations, if any, and industry standards.
Vision Profile Extrusions Limited warrants to Fabricator that for a period of twenty (20) years
from the date of purchase of the Extrusions, subject to the terms and conditions herein contained, the Extrusions, as fabricated into Finished Products, will be free from manufacturing defects which result in rotting, cracking, warping, pitting, corroding, peeling, blistering or suffering non-uniform fading discoloration. Extrusions which are capstock coated with products which are black, brown or any variation thereof in colour are warranted to be free from manufacturing defects for a period of ten (10) years from the date of purchase.
This warranty covers only manufacturing defects in material and workmanship of Vision Profile Extrusions Limited and, without limitation, does not include any failure, defects or damages attributable to, or arising from or connected with, the fabrication of the Extrusions into Finished Products, improper maintenance (including inadequate air circulation around Finished Products), harmful fumes, chemicals, building heat, excessive temperature exposure, color change arising due to normal weathering, oxidation, extremes of weather and atmospheric conditions, accident, abuse, misuse, neglect, faulty or improper installation of Finished Products, staining or mildew, fire, flood, earthquakes, hurricanes, tornadoes, cyclones, gales, lightning, hail and Acts of God, accidental or intentional damage, vandalism and all other circumstances and causes beyond Vision Profile Extrusions Limited’s control.
This warranty does not apply if the Extrusions are laminated, painted or coated with any substance (other than with Vision approved laminates or coatings applied in accordance with Vision approved written instructions. Refer to the Vision approved laminate, paint or coating supplier for additional warranty coverage. This warranty is void if the Extrusions are used in windows or doors which are installed other than on a vertical plane.
This warranty does not include uniform colour change due to normal weathering and or non- uniform colour change resulting from normal weathering and or unequal surface exposure to ultraviolet (sun) light and elements. “Normal Weathering” is defined as exposure to ultraviolet (sun) light, and extremes of temperature and atmosphere which will cause any colored or painted surface to fade, discolor, darken, chalk, or acquire a surface accumulation of dirt or stains. The severity of these conditions depends on air quality, the
geographic location of Finished Products, and other local conditions over which Vision Profile Extrusions Limited has no control.
This warranty shall be for the exclusive benefit of Fabricator and may not be transferred and is void if (i) Fabricator does not warrant Finished Products to Customer for a period of time equal to or exceeding twenty (20) years from the date of Customer’s purchase of the Finished Products, and (ii) Fabricator’s warranty is not in substance equivalent to and consistent with this warranty. The warranty granted by Fabricator to Customer shall be the sole responsibility of Fabricator.
Any claim under this warranty must be submitted in writing by Fabricator to Vision Profile Extrusions Limited promptly after discovery of the defect claimed, describing with reasonable specificity such defect. Vision Profile Extrusions Limited shall be entitled to require delivery by the Fabricator of whatever proof it requests to evaluate the validity of the claim. By acceptance of the Extrusions, Fabricator agrees that any claim under this warranty will be subject to Vision Profile Extrusions Limited’s determination of validity and if Vision Profile Extrusions Limited determines the claim is valid, any such claim is expressly limited, at the option of Vision Profile Extrusions Limited, to either (i) return the original purchase price paid for the defective Extrusions or (ii) provide replacements to the Fabricator for the defective Extrusions, which, in either event, are shipped to Vision Profile Extrusions Limited, transportation prepaid. The original warranty period shall not be extended by any replacement, but the remaining warranty time period shall continue in effect and be applicable under the terms and conditions of this warranty to the replaced Extrusions.
Vision Profile Extrusions Limited reserves the right to discontinue or change Extrusions. If Extrusions have been discontinued or are not available, Vision Profile Extrusions Limited reserves the right to substitute extrusions of equal quality as may be compatible, provided in the event no compatible product is at that time manufactured by Vision Profile Extrusions Limited, it shall not be required to create new dies for the purposes hereof. Vision Profile Extrusions Limited shall in no event be liable for labor charges or other costs whatsoever in connection with repair, removal or installation of either original or replacement Extrusions.
This warranty is given in lieu of all other warranties, liabilities or obligations of Vision Profile Extrusions Limited, expressed or implied, including warranties of merchantability and fitness for a particular purpose, and set forth the only warranty for the extrusions. In no event shall Vision Profile Extrusions Limited be liable for incidental, special or consequential damages of any kind with respect to the extrusions or finished products and regardless of whether arising from breach of warranty, breach of contract, negligence or otherwise. Any expressor implied warranty not provided herein, and any remedy for breach of contract, tort or otherwise which, but for this provision, might arise by implication or operation of law, is hereby excluded and disclaimed. Your exclusive remedy shall be enforcement of this warranty upon the terms and conditions herein contained. No representative of Vision Profile Extrusions Limited or its distributors or dealers is authorized to make any change or modification to this warranty or express any other warranties with respect to the Extrusions.
Vision Profile Extrusions Limited disclaims any and all warranties for defects that are obvious upon inspection by Fabricator, either if the Fabricator fails to make such inspection prior to use or if Fabricator makes such inspection and fails to inform Vision of such defect within ninety (90) days of its receipt of Extrusions.
Some jurisdictions do not allow exclusion or limitation of consequential or incidental or special damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights, all of which vary from jurisdiction to jurisdiction.