20 Year Limited Warranty
Burkes Garden Deck Component Systems 20 Year Transferable Residential Limited Warranty
Burkes Garden Deck Component Systems 20 Year Transferable Residential Limited Warranty Burkes’ Garden Deck Component Systems, LLC (“Burkes”), subject to the terms and conditions below, warrants that it’s Nature’s Choice Decking and matching railing components (‘Product”) is free from manufacturing defects of any materiality when subject to normal and proper use for a period of twenty (20) years from the date of original proper installation. Liability under this warranty is limited, at Burkes exclusive option, to Burkes replacing defective Product without charge at the place of original delivery or, in the alternative, a refund of the original purchase price for such defective Product, subject to a pro-rated reduction after the first year. After the first year, the amount of purchase price refund or material replacement will be reduced pro rata based on the number of years remaining in the original warranty period. In those instances in which Burkes determines that only a portion of the Product manifests a defect, Burkes reserves the right to limit any replacement or refund to the portion of the Product that is defective.
Labor charges or other costs incurred with removal or installation of either the original or replacement Product are not covered by this warranty.
The warranty is granted solely to the end-user consumer purchaser. THE WARRANTY IS TRANSFERABLE; provided Burkes is notified in writing by the original end-user consumer purchaser of the new owners name and address within 30 days of the ownership transfer. Burkes will then consider the new owner to be the original end-user consumer purchaser. Notification should be mailed to: Burkes Garden, 1400 E. Polymer, Terre Haute, IN 47802.
In the event you believe that Product fails to conform to this warranty, you must notify Burkes in writing at the above noted address. Such notice must be made within thirty (30) days of the date the claimed defect was first discovered or reasonable could have been discovered. Notice must include a general description of the alleged defect, a picture of the defective Product, as well as proof of the date of purchase. Burkes will then promptly inspect the claimed defect, or at its option require that a sample of the allegedly defective product be shipped to Burkes. If the examination discloses a defect covered by this warranty, Burkes will perform its obligations under this warranty. Burkes will not be liable for any actions or expenditures incurred prior to written acknowledgement of Burkes responsibility under this warranty.
This warranty is void under any of the following conditions: 1.) The Product is installed contrary to local building codes and/or guidelines. 2.) Movement, collapse or settling of the ground or structure in which the Product is installed. 3.) The Product is damaged or a failure is caused by changes not executed by Burkes, impact from foreign objects, lightning, tornado, earthquake or other acts of God, or by fire, or other casualty. 4.) Any failure or damage caused by accessories (such as fasteners) affecting the Product. 5.) The Product is deliberately damaged or damaged by abuse, vandalism or improper use. 6.) Any other cause not involving manufacturing defects in the Products.
This warranty does not cover claims for (i) surface wear and scratches, or (ii) variations or changes in color in the Product. Burkes reserves the right to discontinue or modify any of its products without notice. BURKES LIBILITY SHALL BE LIMITED SOLELY TO ITS RESPONSIBILITIES UNDER THIS WARRANTY. EXCEPT FOR THE EXPRESS WARRANTY DESCRIBED ABOVE, THERE ARE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND. IN NO EVENT SHALL BURKES BE LIABLE FOR INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INDLUCING ANY DAMAGE TO THE BUILDING, ITS CONTENTS OR ANY PERSON. 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.
variation or change in this warranty will be binding upon Burkes unless made in writing and signed by an officer of Burkes. This warranty gives you specific legal rights and remedies, and you may also have other rights which vary from state to state. This warranty shall only be applicable and enforceable in the United States and Canada.
Copyright © 2008 Burkes' Garden Deck Component Systems. All rights reserved.