TWENTY-FIVE YEAR LIMITED WARRANTY
Subject to the terms, conditions and limitations stated herein, SOUTH ASIA PLASTICS GROUP LTD., (SAPG) Warrants to the structure owner that DuraBoard PW® (the “Product”) will be free from manufacturing defects which cause the product to rot, delaminate or excessively swell (the “Covered Defects”) during the applicable Warranty Period (the “Limited Warranty”). This Limited Warranty shall be effective for a period of Twenty-Five (25) years from the date of original purchase (the “Warranty Period”).
Any claim made under this Limited Warranty must be in writing to SAPG and made within Ninety (90) days after a Covered Defect is discovered (or should have been discovered) and before any alterations are made and expiration of the Warranty Period. SAPG must be given a Thirty (30) day opportunity to inspect the Product claimed to have a Covered Defect. If after inspection, SAPG determines that such Product has a Covered Defect; then SAPG will, in its sole and absolute discretion, either; (1) repair or replace the Product affected by a Covered Defect; or (2) refund to the owner the reasonable cost to repair or replace the Product affected by a Covered Defect, including material and labour, provided in no event shall such cost exceed twice the Purchaser’s original purchase price of such Product so affected (the “Remedy”). Claims made under Limited Warranty must be made to:
SOUTH ASIA PLASTICS GROUP LTD.
1160 TAPSCOTT ROAD, UNIT 10
SCARBOROUGH, ONTARIO, CANADA MIX 1E9
TEL: (416) 291-3934
FAX: (416) 291-3683
This Limited Warranty applies and is effective only if the Product is subjected to normal use and exposure, is stored, handled, applied, installed, finished and periodically maintained, including repainting, in accordance with the manufacturer’s specifications and standard building practices. This Limited Warranty shall automatically become Null and Void for any of the following reasons: (1) abuse; (2) neglect; (3) accident; (4) improper installation or application; (5) failure to notify SAPG of a claimed Covered Defect when and as required herein; (6) failure to allow SAPG to inspect a claimed Covered Defect prior to making alterations as required herein; (7) failure to paint the Product when and as required by the applicable paint manufacturer’s specifications; or (9) failure to notify SAPG of a claimed Covered Defect prior to the expirations of Warranty Period. All times stated in this Limited Warranty shall be of the essence.
THIS WARRANTY IS IN LIEU OF ALL EXPRESSED AND/OR IMPLIED WARRANTIES OF MERCHANTABILITY OR OF ANY OTHER KIND. REMEDIES UNDER THIS WARRANTY, AS SET FORTH HEREIN, ARE AT THE EXCLUSION OF ALL OTHERS (EXCEPT AS TO THE EXTENT REQUIRED BY ANY APPLICABLE LAW), and SAPG neither assumes nor authorizes anyone to assume for it any other obligations. In no event shall SAPG be liable for any remote, incidental or excess of the original purchase price, for parts found to be defective. Some states do not allow the exclusion or limitation of special, or consequential damages, so the foregoing may not apply to you. This limited warranty gives you specific legal rights and you many also have other rights which vary from state to state.