This limited warranty applies to the effects of weathering and does not apply to other causes of degradation, such as in the case of (by way of example and without limitation):
(1)Painted surfaces on Product which has been subject to scratching or abrasion or impact (including without limitation “paint rub” occurring in metal to metal contact and movement); has been abused, altered, modified, used in a manner not originally intended, or stored in a manner contrary to instructions of Manufacturer or accepted industry practice; is damaged due to moisture entrapment; is stored or installed in a manner which allows standing water on the paint or is stored or installed in any chemically aggressive environment containing fumes, ash, cement dust, carbon black, salts, or other chemicals (whether naturally occurring or caused by man); is stored or installed in an environment that includes a high degree of humidity, sand, dirt, or grease (whether naturally occurring or caused by man); is stored or installed in a manner which allows contact with animals and/animal waste or the decomposition products of animal waste; is stored or installed in an area, or in such a manner, that damage occurs due to poor air circulations; is stored or installed in area which is subject to fallout from copper, lead, nickel, or silver mining or refining operations; has suffered any damage caused by sudden acts of God or by radiation, explosion, fire, impact, or other violent forces.
(2)Painted surface on Product which has been installed within one thousand meters of salt water or other marine environment.
D.Remedy.
Any claim under this limited warranty must be made in writing within the applicable warranty period to the dealer from which the Product was purchased (or if the dealer is no longer in business, then to Manufacturer). Manufacturer may require Owner to supply a video and/or photographs of the claimed defect and/or may require that Owner return the Product at Owner’s expense to Manufacturer for inspection. Owner agrees to cooperate with any representative sent by Manufacturer and/or by the paint producer and to give such representative full access to the Product with the claimed defect and the location of its installation and/or storage. If Manufacturer determines that the claim is valid under the terms of the limited warranty, Manufacturer and/or its warrantor will make arrangements for and will bear the full cost of labor and material to replace or refinish the defective portion of the Product. The decision about whether to remedy a defect through replacement or refinishing will be made by Manufacturer in its sole discretion. Any refinishing of a defective portion will be done in accordance with standard industry practice in order to provide a uniform appearance with the remainder of the Product. Any replacement or refinishing arranged by Manufacturer or its warrantor will be covered by and subject to the terms, conditions, limitations, and exceptions of this limited warranty, provided that the replaced or refinished portion will be deemed to have been painted on the date the original material for the Product was originally painted; and this limited warranty will expire at the same time as if there had been no defect. In the event that Manufacturer and Owner ever agree to, or a claim is otherwise resolved by, a method in which Manufacturer or its warrantor do not voluntarily replace or repair the part of the Product claimed to be defective, then any replacement or repair of such part made by any party or person will not be covered by this limited warranty or any other warranty from Manufacturer.
E. Limitations on Remedies and Liability.
THE REMEDIES FOR OWNER DESCRIBED IN THIS LIMITED WARRANTY ARE EXCLUSIVE and take the place of any other remedy. Manufacturer’s liability, whether in contract or tort, under warranty, product liability, or otherwise, will not go beyond Manufacturer’s obligations to repair or replace, at it option, the portion of the Product which is defective under this limited warranty. MANUFACTURER WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR SPECIAL INCIDENTAL, OR CONSEQUENTIAL DAMAGES, including (but not limited to) damage or loss of other property or equipment, loss of profits or revenues, business or service interruption, cost of capital, cost of purchase or replacement of other goods, or claims of third parties for any of the foregoing.
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