Custom EPS Inc.
White Matter® Lifetime Limited Warranty
Notice: We do not recommended using 3/4 inch glass tile with our products.
This document supplements and incorporates the Install Specifications packaged herewith. Additional copies of the Install Specifications may be requested at any time by contacting Custom EPS Inc.
Subject to the conditions and limitations as stated hereinafter Custom EPS Inc. warrants that the White Matter ® Products (the "Products") will meet all performance criteria listed in the Install Specifications for the lifetime of the Products (the "Lifetime Warranty") , subject to the below conditions and exclusions.
CONDITIONS OF COVERAGE
1. The Lifetime Warranty only comes into effect if the Products are used and installed according to both:
a. the Install Specifications packaged with the particular Product; and,
b. Industry standard guidelines in effect at the time of installation that do not conflict with the Install Specifications.
2. The Owner, Builder, and Installer are all jointly and exclusively responsible for ensuring appropriate installation of the Products with suitable materials, as suggested in the Install Specifications.
3. Custom EPS Inc. recommends that the owner consult with an experienced and professional installer prior-to and during the installation of the Products.
4. The Lifetime Warranty excludes any inherent defects in the materials or any failures of the Products caused by inherent defects in the materials that compose the Products.
5. The Lifetime Warranty excludes damage caused by misuse of the Products (either intentional or
unintentional), non-compliance with the Install Specifications, or from factors external to the Products themselves, including but not limited to the surface the Products are installed on, heating units adjacent to, or other items that may influence the Products themselves.
If the Products fail to meet the performance criteria listed in their particular Install Specifications during the Lifetime Warranty, then the ownerï¿½s exclusive remedy and the sole obligation of Custom EPS Inc., at the discretion of Custom EPS Inc., shall be to
a. reinstall or replace the failed portion of Products; or,
b. pay an amount not to exceed the original cost of the Products and installation.
In any event, Custom EPS Inc. shall not be liable to repair or replace any other items, including but not limited to the surface that the Products are installed upon, adjacent items affected by the Products, or other damage caused by or flowing from the failure of the Products.
Further, due to conditions beyond the control of Custom EPS Inc.(e.g., color and shade availability, discontinuation, normal wear and tear), Custom EPS Inc. cannot guarantee or warrant an exact match to the specific tile, stone, or other covering materials used in the installation. In such events, substantially similar materials may be substituted.
THERE ARE NO WARRANTIES BEYOND THIS EXPRESSED WARRANTY AS STATED ABOVE. ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS, EXPRESSED OR IMPLIED, ARE DISCLAIMED AND EXCLUDED, INCLUDING WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARISING BY STATUTE OR OTHERWISE BY LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CUSTOM EPS INC. EXCLUDES AND IN NO EVENT SHALL HAVE ANY LIABILITY FOR LOST PROFITS OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR OTHERWISE CONNECTED TO FAILURE OF THE PRODUCTS, NOR MISUSE OF THE PRODUCTS OR FAILURE TO PROPERLY MAINTAIN THE PRODUCTS. REGARDLESS OF ANY STRICT LIABILITY, ACTIVE OR PASSIVE NEGLIGENCE OF CUSTOM EPS INC., AND REGARDLESS OF THE LEGAL THEORY (CONTRACT OR TORT OR EXTRA-CONTRACTUAL OR OTHER), NOR FROM ACTS OF WAR, TERRORISM, FAULTY AND NEGLIGENT PENETRATION OF THE SYSTEM, FIRES, EXPLOSIONS, ACTS OF GOD, INTENTIONAL ACTS OF DESTRUCTION OR ANY LOSSES DUE TO STRUCTURAL FAILURE OR OTHER CAUSES UNRELATED TO THE PRODUCTS OR DELAYS, OR ANY OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES. THIS WARRANTY IS GIVEN IN LIEU OF ANY OTHER WARRANTY EXPRESSED OR IMPLIED. THE REMEDIES CONTAINED HEREIN ARE THE ONLY REMEDIES AVAILABLE FOR BREACH OF THIS WARRANTY. THIS LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AS CONTAINED HEREIN. THIS WARRANTY IS EXPRESSLY GOVERNED BY, AND YOU AGREE TO ATTORN TO, THE JURISDICTION OF THE COURTS AND LAWS OF THE PROVINCE OF ALBERTA, CANADA.
This Lifetime Warranty extends ONLY to the original end user (defined as original intended owner and user of the property/unit in which the installation is incorporated - herein referred to as "Owner") and is not transferable or assignable.
MODIFICATIONS TO WARRANTY
No changes or modification of any terms or conditions of this warranty are allowed unless authorized by written agreement and signed by an Officer of Custom EPS Inc.
This Lifetime Warranty shall supersede and replace any and all prior oral or written warranties, agreements, or other such representations made by or on behalf of Custom EPS Inc. or of any other reseller or third party relative to the Products or the application of the Products and shall apply to any installation occurring on or after January 1, 2014.
CLAIMS ON THIS LIMITED WARRANTY
To make a claim under this Limited Warranty, the Owner must provide Custom EPS Inc. with written notice to the address below within 30 days of any alleged defect in the Products covered by this Lifetime Warranty, together with date and proof of purchase of the Products, proof of the costs of the original installation and name and address of any installers, failing which this Lifetime Warranty shall be of no legal effect. Custom EPS Inc. reserves the right at its election and as a condition of this Lifetime Warranty to inspect the alleged failed and defective condition.