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- Y E A R L I M I T E D W A R R A N T Y
1.
Subject to the following terms, Eldorado Stone, LLC (“ES”)
warrants to the original purchaser and subsequent owners
that for 36 months from the date of sale, its Eldorado Outdoor
™
product line (“ESO”) will perform according its specifications.
This Limited Warranty is not limited to the original purchaser
but covers the stone regardless of whether ownership of the
building changes. This warranty runs with the transfer of the
property to subsequent owners of the property into which the
warranted products have been incorporated.
2.
This Limited Warranty is not limited to the original purchaser
but covers the ESO regardless of whether ownership of the
premises changes. This warranty runs with the transfer of the
property to subsequent owners of the property into which the
warranted products have been incorporated, but the warranty
period as to such subsequent owners is limited to six (6) months
or the remaining life of the 36 month original purchaser warranty
from the original date of installation, whichever is longer.
3.
Subject to the terms hereof, ES warrants ESO to the Purchaser
and subsequent owners for a period of THIRTY-SIX (36) MONTHS
from the date of sale. In the event that an ESO product is
defective, ES will, as its sole discretion, either: a) provide a
replacement of the defective product or pay the reasonable
cost for replacement product of a similar design; or b) pay
the reasonable cost for repair of the defective product. THIS
WARRANTY DOES NOT COVER LABOR TO REMOVE OR REPLACE THE
DEFECTIVE PRODUCT.
4.
No warranty whatsoever is made with respect to the
manufacture or performance of materials or components of
construction not sold or manufactured by ES, including but not
limited to all installation components including but not limited
to, mortar, lath, weather resistant barriers, doors, windows,
sealants, flashings, roofing, copings, sheathing and framing.
Further, ES makes no warranties whatsoever with respect to
aesthetics, design and engineering of the structure into which
ES products are incorporated, or workmanship involved in the
application of any ES products warranted hereunder. The ES
product is not waterproof. The ES product must be incorporated
into a cladding designed by a building professional that contains
adequate mechanisms for water management. ES has no
responsibility for damage caused by moisture intrusion through
the building envelope or around any of the building envelope
components or by vapor transmission from the inside of the
building to a moisture sensitive part of the wall assembly.
5.
Without limiting anything else in this document, ES disclaims
and assumes no liability for:
5.1
improper use, application or installation of ES’ products,
5.2
use of ES products as part of improperly designed or
constructed assemblies or buildings or with defective
adjacent materials or assemblies;
5.3
failure to follow applicable specifications, instructions
and construction details;
5.4
other design or construction defects, deficiencies and
failures on a building where ES’ product is used;
5.5
undertaking on-site inspections or any on-site activities or
making oral statements made at the site;
5.6
any damage or injury whatsoever caused in whole or in
part by acts of God, natural phenomenon or physical abuse
such as but not limited to falling objects, projectiles, fire,
earthquake, floods, windstorm, hail, tornadoes, lightning,
hurricanes, other abnormal weather conditions, pests,
chemical fumes, foreign substances in the air, misuse,
vandalism, civil disobedience, war, damage caused by
remodeling or renovation;
5.7
damage resulting from moisture intrusion, mold,
settlement of building or other building or wall movement;
5.8
discoloration or deterioration due to airborne
contaminates; or contact with any chemicals or paint;
staining or oxidations;
5.9
any accumulation of water or moisture in wall assemblies;
5.10
negligence or accidents by any party or parties in
maintaining the ES materials including but not limited to
use of pressure washer to clean;
5.11
replacement of ESO if ES’ product is mixed with other
chemicals or materials not approved by ES in writing;
5.12
any cause beyond ES’ control; and
5.13
any workmanship, aesthetics or other damage or injury
not solely and directly caused by a manufacturing defect
in ES’s products as covered under this warranty.