RadianceRail®Gate Kit
5-Year Limited Warranty
Statement of Warranty: This warranty is given to the original purchaser, residential or commercial as the case may be (“Purchaser”), of the TimberTech RadianceRail™ Gate Kit (consisting of aluminum posts and
fasteners). For purposes of this warranty, a residential Purchaser shall refer to a single-family residential homeowner and a commercial Purchaser shall refer to any Purchaser other than a single-family residential
homeowner.
TimberTech Limited (“TimberTech”) warrants to Purchaser that, for a period of five (5) years from the date of the original purchase (the “Term”), under normal use and service conditions, that the Gate Kit materials will
be free from material defects in workmanship and materials, and will not corrode due to exposure to normal environmental conditions.
All warranties are subject to the exclusions, limitations and restrictions set forth below.
Obtaining Warranty Performance: If Purchaser discovers a defect in the RadianceRail™ Gate Kit during the Term, Purchaser must, within thirty (30) days from the discovery of the alleged defect, but no later than the
end of the Term, notify TimberTech in writing, at the following address:
TimberTech Limited
894 Prairie Avenue
Wilmington, Ohio 45177
Attn: Claims Department
Purchaser must include in this notification proof of purchase and a statement explaining the defect. TimberTech may request additional information. After reviewing all information, TimberTech will make a determination
regarding the validity of such claim. If TimberTech determines that Purchaser’s claim is valid, TimberTech will, at its option, either replace the defective part or refund the portion of the purchase price paid by Purchaser
for such defective part (not including the cost of its initial installation). This warranty shall not cover, and TimberTech shall not be responsible for, costs and expenses incurred with respect to the removal of any defective
RadianceRail™ Gate Kit parts, or the installation of replacement materials, including but not limited to, labor and freight. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY.
Transfer of Warranty: This warranty may be transferred one (1) time within the Term to a subsequent purchaser of the property upon which the RadianceRail™ Gate Kit was originally installed. Transfer of this warranty
does not extend the Term of the warranty.
Exclusions from Warranty Coverage: TimberTech does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damages attributable
to: (1) improper installation of the RadianceRail™ Gate Kit and/or failure to abide by TimberTech’s installation guidelines; (2) use of the RadianceRail™ Gate Kit beyond normal use, or in an application not recommended
by the TimberTech installation guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the RadianceRail™ Gate Kit is installed; (4) any act
of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mold, mildew, etc.), or staining from foreign substances (such as dirt, grease, oil, etc.); (5) variations or
changes in color of the RadianceRail™ Gate Kit; (6) normal weathering due to exposure to sunlight, weather and atmosphere which can cause colored surfaces to, among other things, flake, chalk, or accumulate dirt
and stains; or (7) improper handling, storage, abuse or neglect of the RadianceRail™ Gate Kit by Purchaser, the transferee or third parties.
Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the RadianceRail™ Gate Kit in connection with its use in any particular application.
ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO THE
TWENTY-FIVE YEAR DURATION OF THE RESIDENTIAL LIMITED WARRANTY AND ARE DISCLAIMED FOR ALL PERIODS THEREAFTER.
Limitations: DISCLAIMER OF WARRANTIES (RESIDENTIAL PURCHASER): EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, TIMBERTECH MAKES NO OTHER EXPRESS WARRANTIES, GUARANTEES OR
INDEMNITIES, ARISING BY COURSE OF DEALING, USAGE OF TRADE OR CUSTOM, AND ALL SUCH OTHER EXPRESS WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM
THIS TRANSACTION FOR THE WARRANTY TERM AND BEYOND THE WARRANTY TERM.
Limitations: DISCLAIMER OF WARRANTIES (COMMERCIAL PURCHASERS): EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN, TIMBERTECH MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES,
WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY
OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION FOR THE WARRANTY TERM
AND BEYOND THE WARRANTY TERM.
Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you.
LIMITATION OF REMEDIES AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES: TIMBERTECH’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN,
AND UNDER NO CIRCUMSTANCES WILL TIMBERTECH BE LIABLE OR OBLIGATED FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING,
BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF
BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION
IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. TIMBERTECH’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS
OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have
other rights that vary from state to state.
Miscellaneous: This writing is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all
prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written
instrument signed by TimberTech and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and TimberTech shall not be
bound by any such statements other than those contained in the warranty.
This warranty is effective for purchases (Residential or Commercial, as the case may be) made on or after August 1st, 2011.
Copyright (c) 2011 TimberTech.
