A-1 West Coast Eco Building Supplies warrants to the original purchaser (“Purchaser”, “you” or “your”) of the WEST COAST ECO BUILDING SUPPLIES products noted below that, for the specified Warranty Period, such products shall, (a) under normal and proper service conditions, (b) when installed in accordance with WEST COAST ECO BUILDING SUPPLIES’s written instructions and (c) when used and maintained in an above-ground application, remain free from material manufacturing defects and will not crack, splint, delaminate, rot, or suffer structural damage from fungal decay. For purposes of the Limited Warranty, the “original purchaser” means the individual or individuals who were the owners of the real property upon which WEST COAST ECO BUILDING SUPPLIES product was installed.
A-2 The term of the Limited Warranty (“Warranty Period”) for the West Coast Eco Building Supplies Decking shall be ten (10) years from the date of original purchase installed in a commercial location, twenty-five years (25) in a residential location, provided that such purchaser maintains ownership of the real property upon which the West Coast Eco Building Supplies product was installed.
A-3 The term of the Limited Warranty (“Warranty Period”) for the West Coast Eco Building Supplies Plastic Clips shall be ten (10) years from the date of original purchase provided that such purchaser maintains ownership of the real property upon which the West Coast Eco Building Supplies product was installed.
A-4 The term of the Limited Warranty (“Warranty Period”) for West Coast Eco Building Supplies Metal Clips shall be ten (10) years from the date of original purchase provided that such purchaser maintains ownership of the real property upon which the West Coast Eco Building Supplies product was installed.
A-5 In the event of a failure of the above described WEST COAST ECO BUILDING SUPPLIES products within the applicable Warranty Period as warranted above, when properly installed, used and maintained in the manner required by this Section 1, WEST COAST ECO BUILDING SUPPLIES will replace the nonconforming item in the manner set forth in Section 2 below.
A-6 The Limited Warranty set forth herein is the only warranty (whether written or oral, express or implied) WEST COAST ECO BUILDING SUPPLIES makes for the above described WEST COAST ECO BUILDING SUPPLIES products. The Limited Warranty is subject to all terms and conditions stated herein and no one (including but not limited to a WEST COAST ECO BUILDING SUPPLIES dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. WEST COAST ECO BUILDING SUPPLIES makes no other representation, guarantee or warranty regarding any WEST COAST ECO BUILDING SUPPLIES product. No one is authorized to make any representation, guarantee or warranty on WEST COAST ECO BUILDING SUPPLIES’s behalf, and WEST COAST ECO BUILDING SUPPLIES shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any WEST COAST ECO BUILDING SUPPLIES Product other than as expressly stated in this Limited Warranty.
A-7 The Limited Warranty set forth herein is the only warranty (whether written or oral, express or implied) WEST COAST ECO BUILDING SUPPLIES makes for the above described WEST COAST ECO BUILDING SUPPLIES products. The Limited Warranty is subject to all terms and conditions stated herein and no one (including but not limited to a WEST COAST ECO BUILDING SUPPLIES dealer, installer, reseller, agent or employee) is authorized to modify, expand or add to this limited warranty. WEST COAST ECO BUILDING SUPPLIES makes no other representation, guarantee or warranty regarding any WEST COAST ECO BUILDING SUPPLIES product. No one is authorized to make any representation, guarantee or warranty on WEST COAST ECO BUILDING SUPPLIES’s behalf, and WEST COAST ECO BUILDING SUPPLIES shall not be bound by or liable for, any representation, guarantee, warranty, or condition with regard to any WEST COAST ECO BUILDING SUPPLIES Product other than as expressly stated in this Limited Warranty.
B – Claim Procedure
B-1 In order to proceed with a warranty claim against WEST COAST ECO BUILDING SUPPLIES, the Purchaser must send to WEST COAST ECO BUILDING SUPPLIES a copy of this warranty document, a copy of original proof of purchase, and photos or other supporting evidence of the defective or nonconforming WEST COAST ECO BUILDING SUPPLIES product. All warranty claims should be forwarded to the WEST COAST ECO BUILDING SUPPLIES’s address. Purchaser’s original proof of purchase must be from WEST COAST ECO BUILDING SUPPLIES or an authorized WEST COAST ECO BUILDING SUPPLIES product dealer. The proof of purchase was also show (a) the date of the original purchase and (b) that sufficient WEST COAST ECO BUILDING SUPPLIES product has been purchased to cover the number of linear feet or meter claimed to be damaged. All warranty claims must be received by WEST COAST ECO BUILDING SUPPLIES within the applicable Warranty Period and in no event later than thirty (30) days after any discovery of a possible nonconforming nature of or other failure of the WEST COAST ECO BUILDING SUPPLIES product.
B-2 Upon discovering a possible defect of any WEST COAST ECO BUILDING SUPPLIES product, Purchaser shall, at Purchaser’s sole expense, make temporary repairs or cordon off the area in order to fully protect all property and persons that could be affected. Purchaser is not authorized to make any permanent repairs or remove any of the WEST COAST ECO BUILDING SUPPLIES products prior to WEST COAST ECO BUILDING SUPPLIES having confirmed its claim investigation and, should Purchaser violate these requirements, such violations shall serve to invalidate and terminate the Limited Warranty provided by WEST COAST ECO BUILDING SUPPLIES. No WEST COAST ECO BUILDING SUPPLIES products shall be returned to WEST COAST ECO BUILDING SUPPLIES unless directed and authorized by WEST COAST ECO BUILDING SUPPLIES in writing to do so. Any removal or disposal of defective WEST COAST ECO BUILDING SUPPLIES products shall be at Purchaser’s sole cost and expense.
C – West Coast Eco Limited Warranty
C-1 WEST COAST ECO BUILDING SUPPLIES does not warrant against and is not responsible for, and no express or implied warranty shall be deemed to cover, any condition attributable to, in whole or in part, to: (a) improper installation of WEST COAST ECO BUILDING SUPPLIES products, (b) failure to abide by WEST COAST ECO BUILDING SUPPLIES’s written instructions, (c) failure to comply with any and all applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping, (d) use of WEST COAST ECO BUILDING SUPPLIES products beyond normal use or in an application not recommended or permitted by WEST COAST ECO BUILDING SUPPLIES’s written instructions and applicable laws and building codes, (e) movement, distortion, collapse or settling of the ground or the supporting structure upon which WEST COAST ECO BUILDING SUPPLIES Products are installed, (f) defects in or failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair, (g) any Act of God (including, but not limited to, flooding, hurricane, tornado, wind, earthquake, lightning, hail, etc.), (h) discolouration, fading, spotting or staining from or caused, in whole or in part, by mold, mildew, other fungal growth, organic materials, metallic oxides or particles (including but not limited to rust or corrosion of any fasteners), dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals (including but not limited to those found in cleaners), or normal weathering (defined as natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any coloured surface to gradually fade, flake, chalk, or accumulate dirt or stains), (i) damage resulting from casualty, fire or exposure to heat sources such as cooking devices or retro-reflective surfaces, (j) the application of paints, stains, surface treatments or other chemical substances including but not limited to cleaners or pesticides, (k) fading, flaking or other deterioration of any paints, stains or other coatings placed on the WEST COAST ECO BUILDING SUPPLIES Products, (l) climate change, environmental conditions, static electricity or any cause beyond the control of WEST COAST ECO BUILDING SUPPLIES, (m) variations or changes in colour of WEST COAST ECO BUILDING SUPPLIES products, (n) improper handling, maintenance, storage, abuse or neglect of WEST COAST ECO BUILDING SUPPLIES products by Purchaser or any other party, (o) ordinary wear and tear.
C-2 No warranty is given with respect to any fasteners other than the WEST COAST ECO BUILDING SUPPLIES Fasteners. Other fasteners, whether approved fasteners or otherwise, are subject to only the warranties provided by the manufacturer of the fastener and Purchaser’s sole warranty and remedy is with that manufacturer.
C-3 Purchaser and/or Purchaser’s contractor or representative is solely responsible for determining the suitability of any WEST COAST ECO BUILDING SUPPLIES products for Purchaser’s property and for the installation and use of any WEST COAST ECO BUILDING SUPPLIES products. Purchaser and/or Purchaser’s contractor or representative shall be solely responsible for determining whether the WEST COAST ECO BUILDING SUPPLIES product meets the requirements of any applicable building or safety code or similar regulation relating to Purchaser’s property. Purchaser acknowledges that WEST COAST ECO BUILDING SUPPLIES does not provide architectural or engineering services. WEST COAST ECO BUILDING SUPPLIES makes no express or implied warranty or representation as to the suitability of the WEST COAST ECO BUILDING SUPPLIES Products for, or actual performance, capabilities or operation of the WEST COAST ECO BUILDING SUPPLIES Products at, Purchaser’s property or under the conditions of Purchaser’s use.
C-4 All warranties provided by WEST COAST ECO BUILDING SUPPLIES, whether express or implied, and including the Limited Warranty, are void if any one or more of the following applies or occurs: (a) the WEST COAST ECO BUILDING SUPPLIES product is not installed, maintained and/or used strictly in accordance with WEST COAST ECO BUILDING SUPPLIES’s written instructions, (b) the WEST COAST ECO BUILDING SUPPLIES product is not installed in accordance with all applicable laws, codes and regulations; (c) the intentional or unintentional misuse of the WEST COAST ECO BUILDING SUPPLIES product, whether foreseeable or unforeseeable; (d) the failure of Purchaser to properly and/or timely maintain or repair the WEST COAST ECO BUILDING SUPPLIES product; (e) the failure by Purchaser to provide timely notice to WEST COAST ECO BUILDING SUPPLIES of any failure or defect of the WEST COAST ECO BUILDING SUPPLIES product.
D – BINDING ARBITRATION AND CLASS ACTION WAIVER
D-1 This section applies to any dispute between you and WEST COAST ECO BUILDING SUPPLIES relating to your WEST COAST ECO BUILDING SUPPLIES product which is not resolved as part of the warranty claim process. Purchaser may not proceed with any dispute resolution alternatives until and unless WEST COAST ECO BUILDING SUPPLIES and Purchaser fail to resolve Purchaser’s claims during the warranty investigation process. “Dispute” will be given the broadest possible meaning allowable under law.
D-2 In the event of an unresolved warranty claim, Purchaser must provide written notice to WEST COAST ECO BUILDING SUPPLIES. Such written notice must (a) include a written statement of the facts, (b) provide the name, address and contact information of the party giving it and (c) the relief requested. You must send any Notice of Dispute by registered mail to WEST COAST ECO BUILDING SUPPLIES. Purchase and WEST COAST ECO BUILDING SUPPLIES agree to attempt resolution of such dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent. After 60 days, Purchaser is authorized to commence arbitration.
D-3 BINDING ARBITRATION. IF YOU AND WEST COAST ECO BUILDING SUPPLIES DO NOT RESOLVE ANY DISPUTE BY INFORMAL NEGOTIATION, ANY EFFORT TO RESOLVE THE DISPUTE WILL BE CONDUCTED EXCLUSIVELY BY BINDING ARBITRATION. YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. Instead, all disputes will be resolved before a panel of three neutral arbitrators, whose decision will be final and binding. Any court with jurisdiction over the parties may enforce the arbitration award.
D-4 CLASS ACTION WAIVER. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither Purchaser nor WEST COAST ECO BUILDING SUPPLIES will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.