FiberMount, Inc. Limited Warranty

FiberMount, Inc.

Express Limited Product Warranty

Includes FiberMount Fiber-Cement Siding Accessories and Readi-Flash Head Flashing

1. LIMITED WARRANTY. FiberMount, Inc (“FiberMount”) warrants, for a period of fifteen (15) years (the “Limited Warranty Period”) that when manufactured, the FiberMount Fiber‐Cement Siding accessories (“Fibercement”) complies with ASTM C1186, and such purchased Fibercement (“Product”) will resist damage caused by hail or termite attacks, and is free from defects in material and workmanship. This Limited Warranty extends only to (i) the first retail purchaser of the Product and the first transferee; or (ii) the first owner of the structure to which the Product is applied and the first transferee (each a “Covered Person”).

2. LIMITED WARRANTY COVERAGE AREA. In the United States, only the states of: AZ, CA, CO, ID, MT,
NM, NV, OR, UT, WA, and WY. For Canada, only the province of British Columbia.

3. WHAT WE WILL DO. If during the Limited Warranty Period, the Product is defective in material and workmanship, FiberMount will, in its sole discretion, either repair or replace the defective portion of the Product, or, during the first (1st) through the fifteenth (15th) year, reimburse the Covered Person for up to twice the original retail cost of the defective portion of the Product. After the 15th year, this Limited Warranty will expire and shall no longer be applicable. If the original retail cost cannot be established by the Covered Person to FiberMount’s reasonable satisfaction, the cost shall be determined by FiberMount in its sole and reasonable discretion. FiberMount’s repair or replacement of the defective portion of the Product or reimbursement pursuant to Section 3 of this Limited Warranty is the exclusive remedy for the Covered Person for any warranty claim under Section 1.

4. WHAT YOU MUST DO/CONDITIONS OF LIMITED WARRANTY. Warranty coverage under this Limited Warranty shall be subject to the following terms and conditions: a) A Covered Person must provide written notice to FiberMount within thirty (30) days after discovery of any claimed defect covered by this Limited Warranty. The notice must describe the location and details of the claimed defect and any additional information necessary for FiberMount to investigate the claim. Photos of the Product, showing the claimed defect must accompany the notice. A claimant under this Limited Warranty must provide proof to FiberMount that such claimant is a Covered Person as defined in Section 1 above. b) The Product must be installed according to FiberMount’s printed installation instructions and must comply with all building codes adopted by federal, state or local governments or government agencies applicable to the installation. c) Upon discovery of a claimed defect, a Covered Person must immediately, and at a Covered Person’s own expense, provide for protection of all property that could be affected until the claimed defect is remedied, if applicable. Before any permanent repair to the Product, a Covered Person must allow FiberMount or FiberMount’s authorized agent to enter the property and structure where the Product is installed, if applicable, and examine, photograph and take samples of the Product. Any repairs initiated by or on behalf of a
Covered person without prior authorization from FiberMount may void the warranty.

5. WHAT IS NOT COVERED. This Limited 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 Conditions of Limited Warranty set forth in Section 4 of this Limited Warranty) and/or improper installation of studs or other accessories; (b) Further processing, modification or alteration of the Product after shipping from FiberMount; (c) Neglect, abuse, or misuse; (d) Repair or alteration; (e) Settlement or structural movement and/or movement of materials to which the Product is attached; (f) Damage from incorrect design of the structure; (g) Damage resulting from water infiltration; (h) Exceeding the maximum designed wind loads; (i) Acts of God including, but not limited to, tornadoes, hurricanes, floods, earthquakes, severe weather or other natural phenomena, (including, but not limited to, unusual climate conditions); (j) Efflorescence, peeling or performance of any third party paints, stains and/ or coatings; (k) Growth of mold, mildew, fungi, bacteria, or any organism on any surface of the Product (whether on the exposed or unexposed surfaces); (l) Lack of proper maintenance; and/or (m) Any cause other than material or manufacturing defects attributable to FiberMount.

6. LIMITATION OF WARRANTY. THE ABOVE LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE
PRODUCT. FIBERMOUNT DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE. In the event that applicable consumer law prohibits the disclaimer of an implied warranty, the above Limited Warranty shall not extend the time period of any such implied warranty. Some states do not allow limitations for consumers on how long an implied warranty lasts, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights, and you may have additional rights, which vary from state to state.

7. LIMITATION OF LIABILITY. IN NO EVENT SHALL FIBERMOUNT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS OF PROPERTY DAMAGE, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.

8. NO WAIVER. FiberMount may, in its sole discretion, extend benefits beyond what is covered under this Limited Warranty. Any such extension shall apply only to the specific instance in which it is granted, and shall not constitute a waiver of FiberMount’s right to strictly enforce the exclusions, disclaimers, and limitations set forth herein for any or all other circumstances.

9. ENTIRE AGREEMENT. This Limited Warranty contains and represents the only warranty extended by FiberMount for the Product. No employee or agent of FiberMount or any other party is authorized to make any other warranty in addition to those made in this Limited Warranty. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state.

10. MODIFICATION OR DISCONTINUATION OF PRODUCT. FiberMount reserves the right to discontinue or modify the Product at any time without notice. In the event that repair or replacement of the Product pursuant to this Limited Warranty is not possible, FiberMount will fulfill any repair or replacement obligation under this Limited Warranty with a product of equal or greater value.

11. HOW TO OBTAIN LIMITED WARRANTY SERVICE. For warranty services, call 866‐309‐7073, visit www.FiberMount.com, or write to: Warranty Department, FiberMount, Inc., PO Box, West Linn, OR 97068.

 

Last Updated April 2, 2017