Fifty-Year Limited Warranty on LifePineTM Shakes
Subject to the terms, conditions and limitations in this Limited
Warranty, Arch Wood Protection, Inc.
hereby warrants to the first property owner names on the Warranty
Registration Card attached hereto hereinafter
referred to as “Owner,” that the LifePine™ pressure-treated pine
shakes used as roofing or wall siding on the
First Owner’s commercial, residential or other property will be free
from structural failure resulting from decay that is directly caused
by fungus or termite attack for a period of 50 years from
the date the LifePine Shakes are purchased.
“First Owner” is the owner-of-record of the property at the time the
LifePine Shakes are installed. Or, if the warranted shakes are
installed by a builder-contractor-owner, “First Owner” is the
owner-of-record first acquiring the property from the builder contractor
owner. The LifePine warranty is not transferable from
the First Owner to subsequent owners of single-family or commercial
dwellings.
In the event that LifePine Shakes used in roofing or wall siding
should fail because of fungal decay within 50 years from the
Purchase Date,Warrantor’s entire liability to
Owner will be limited to paying Owner an amount equal to the
Adjusted Reimbursed Cost for replacement shakes of a comparable
quality for those shakes that have decayed. Owner will be responsible
for all other costs and expenses in connection with the replacement
of the decayed LifePine Shakes, including, without limitation,
costs of transportation, installation and labor.
“Adjusted Reimbursement Cost” means (a) for the first 15 years
from Purchase Date, an amount equal to the purchase price paid by
Owner for replacement shakes of a comparable quality, and (b) for
each year thereafter in the remaining Warranty Period, an amount
equal to the purchase price paid by Owner for replacement shakes
of a comparable quality reduced by 1/35th of such price for each
year or part thereof after the 15th anniversary of the Purchase Date.
(For example, if a claim is made during the 22nd year of this
Warranty, the Adjusted Reimbursement Cost will be 80%, a
reduction of 7/35, of the cost for the replacement shakes.)
To be reimbursed, the Owner must submit proof of purchase of the
replacement shakes, and if Warrantor requests, submit to an inspection
of the decayed LifePine Shakes and allow testing to confirm
that failure was due to fungal decay. Owner will be required to send
two written notifications of damage to Warrantor at the following
address:
LifePine Products
c/o Arch Wood Protection, Inc.
1955 Lake Park Dr., Suite 100
Smyrna, GA 30080
Fungal decay as used in this Warranty means attack by wood destroying
fungi that disintegrate the wood cell walls, and excludes
surface mold and deterioration associated with the “weathering” of
wood. (“Weathering” of wood is not covered by this Warranty.) The
term “weathering” shall include, but not be limited to cupping,
warping, twisting, fading, discoloration, mechanical damage,
erosion and/or splitting of shakes.
This Warranty does not cover LifePine Shakes used for any purpose
other than roofing or wall siding. Warrantor shall not be liable for
any failure of the LifePine Shakes which is not directly caused by
decay, including, without limitation, wind or water damage of the
LifePine Shakes, failure of the LifePine Shakes due to the construction
or installation techniques employed or utilized, or for damage
resulting from any other cause whatsoever. Further, Warrantor shall
not be liable for any damage resulting from the negligence or
default of Warrantor, except for decay of LifePine Shakes. Warrantor
is not responsible for mold growth on LifePine Shakes.
IN NO EVENT SHALL WARRANTOR BE LIABLE IN
CONTRACT OR IN TORT, OR UNDER ANY OTHER LEGAL
THEORY, FOR LOST PROFITS OR REVENUES, LOSS OF USE
OR SIMILAR ECONOMIC LOSS, OR FOR INDIRECT,
SPECIAL INCIDENTAL, CONSEQUENTIAL OR SIMILAR
DAMAGES, EVEN IF WARRANTOR HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH CLAIM. SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSION MAY NOT APPLY
TO SOME OWNERS.
This Warranty is void if LifePine Shakes are installed in conjunction
with a roof or exterior wall system that does not meet minimum
building code(s) enforced at the time of installation or used as part
of a roof system that does not contain adequate ventilation, or when
fasteners do not meet the hardware recommendations for LifePine
Shakes.
In order to be eligible for this Warranty, the attached Warranty
Registration Card must be completed by Owner and the installation
contractor (if applicable) and returned along with a copy of a
document showing proof of purchase such as a sales receipt or
purchase order, along with a LifePine Shakes pallet tag to Warrantor
by registered mail, return receipt requested, within 30 days after
completion of the installation. If the LifePine Shakes are on a
property purchased from or constructed by a contractor, ask the
contractor to provide you with proof of purchase(s). Any other
provision of this Warranty to the contrary notwithstanding, the
Owner shall not be entitled to this Warranty unless each salesman,
representative, distributor and manufacturer involved in distributing
LifePine Shakes to the Owner, has been paid in full for the
LifePine Shakes at the time the Warranty Registration is received by
Warrantor.
In order for this LifePine Limited Warranty to be valid, the Owner
is responsible for proper maintenance of the structure to which the
warranted materials are installed for roofing of siding applications.
Proper maintenance for LifePine products includes keeping debris
off roofs, gutters and siding.
THIS WARRANTY IS THE SOLE AND EXCLUSIVE WRITTEN
WARRANTY WITH RESPECT TO LifePine SHAKES. ALL
IMPLIED WARRANTIES IMPOSED BY APPLICABLE LAW,
INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, ARE
LIMITED TO THE DURATION OF THIS EXPRESS
WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS
ON IMPLIED WARRANTIES SO THE ABOVE LIMITATION
MAY NOT APPLY TO SOME OWNERS.
No dealer, salesman, representative or other person is authorized to
make any warranties with respect to LifePine Shakes, extend this
Warranty or otherwise change, modify or amend the provisions of
this Warranty.
THIS WARRANTY GIVES THE OWNER SPECIFIC LEGAL
RIGHTS WHICH MAY BE THE SAME OR DIFFERENT FROM
THE LEGAL RIGHTS OF AN OWNER UNDER THE LAWS OF
A PARTICULAR STATE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE
LIMITED WARRANTY AND REMEDIES DESCRIBED IN
THIS CERTIFICATE ARE EXCLUSIVE AND ARE
EXPRESSLY IN LIEU OF ALL OTHER REMEDIES, WARRANTIES,
GUARANTEES OR LIABILITIES, EXPRESSED OR
IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING
WITHOUT LIMITATION, ANY OBLIGATIONS OF COX
INDUSTRIES OR SELLER WITH RESPECT TO MERCHANTABILITY,
FITNESS FOR A PARTICULAR USE AND CONSEQUENTIAL
DAMAGES). BUYER WAIVES ALL OTHER
REMEDIES, WARRANTIES, GUARANTEES OR LIABILITIES,
EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE.
This is not the actual legal documentation of your warranty; this is to let you know what the warranty consists of. It is not in legal form.
To print out your copy of the LifePine warranty, please
click here.