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ARXX 30 Year Materials Limited Warranty
Arxx Building Products Inc./Arxx Building Products U.S.A.
Inc. gives the following Product Warranty to the first owner
of a structure in which Arxx Products (the “Products”)
have been installed in Canada and the United States by Arxx
Building Products or its authorized distributors. This Warranty
is transferable to the first subsequent owner of the structure
upon receipt of a written request for Warranty transfer and
a transfer fee of $25 U.S. payable to Arxx Building Products,
800 Division St., Cobourg, ON K9A 5V2, Canada.
A. Extent of Limited Warranty
If the Product, or portions thereof, as a result of a manufacturer’s
defect in workmanship or materials (as determined by Arxx
Building Products) (i) fails to provide insulation to the
R-value level of R22 (6", 8", 10" form units)
or R17 (4" form units) due to settlement, compression
or deterioration as a result of gravity, normal soil pressures
or normal climactic conditions, or (ii) fails to obtain a
sound transmission class (“STC”) rating of at
least 50 (6", 8" 10" form units) or at least
42 (4" form units) due to settlement, compression or
deterioration as a result of gravity, normal soil pressures
or normal climactic conditions, Arxx Building Products will
pay, when the claim under this Warranty is made within 30
years from the date of installation of the Product, 100% of
the purchase price.
For the purposes of this Warranty, the purchase price of
the Product is the price at the time the claim is accepted
by Arxx Building Products which is normally charged by authorized
distributors of Arxx Building Products to installing contractors
in the territory where the Product which is the subject of
the Warranty claim is purchased and shall be exclusive of
all other costs, including labour, to remove existing Product
and replace with new Product.
IMPORTANT: FOR THIS WARRANTY TO BE EFFECTIVE, ALL THE FOLLOWING
CONDITIONS MUST BE SATISFIED, AS REASONABLY DETERMINED BY
ARXX BUILDING PRODUCTS:
1. The Product must have been purchased from Arxx Building
Products or an authorized distributor, for installation in
Canada or the United States;
2. The first owner of the structure must register this Warranty
within 120 days after installation. Registration is completed
by sending to Arxx Building Products, at the address indicated
below, a completed Warranty Registration Card;
3. This Product must be properly installed in accordance
with applicable Building Code Standards, and Arxx Building
Products Installation Procedures; and
4. Defects in the Product must not result from misuse, abuse,
improper storage, improper installation or repair, alteration
or modification to the Product, defects in the surface coverings,
including waterproofing membranes, or due to unusual physical
elements including climactic conditions.
Claims made under this Warranty must be made in writing to
Arxx Building Products at the address below within the life
of the Warranty for a particular claim as described above.
Arxx Building Products shall be permitted a reasonable opportunity
to inspect the site with respect to which a claim is made
in order to determine if this Warranty is applicable.
B. Limitations of Warranty
ARXX BUILDING PRODUCTS DOES NOT MAKE ANY OTHER WARRANTY OF
ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE
PRODUCTS, AND ARXX BUILDING PRODUCTS SPECIFICALLY DISCLAIMS
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE. To the extent allowed by law, the remedies
provided by this Warranty are the customer’s sole and
exclusive remedies. No distributor or dealer is authorized
to expand or enlarge upon this Warranty.
C. Limitations of Liability
EXCEPT FOR THE OBLIGATIONS SPECIFICALLY SET FORTH IN THIS
WARRANTY, IN NO EVENT SHALL ARXX BUILDING PRODUCTS BE LIABLE
FOR ANY DIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES,
WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY,
AND WHETHER ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Arxx Building Products Inc./Arxx Building Products U.S.A.
Inc.
800 Division Street
Cobourg, Ontario
K9A 5V2
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