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Artisan® Siding Trim Warrenty
Artisan™ Accent Trim Limited Warranty
1. LIMITED WARRANTY. James Hardie Building Products, Inc. ("Hardie") warrants, for a period of ten (10) years (the "Limited Warranty Period") from the date of purchase of (for installation within the U.S. and Puerto Rico) ARTISAN™ ACCENT TRIM (the "Product") that such purchased Product will be free from defects in material and workmanship. This Limited Warranty extends only to (i) to the first retail purchaser of the Product; (ii) the first owner of the structure to which the Product is applied and (iii) the first transferee (each a "Covered Person").
2. WHAT WE WILL DO. If, during the Limited Warranty Period, the Product is defective in materials or workmanship, Hardie will, in its sole discretion, either replace the defective Product, provided the defect is brought to Hardie's attention before the Product is installed, or, during the first year from the date of purchase of the Product, reimburse the Covered Person for up to twice the retail cost of the defective portion of the Product. During the second (2nd) through the tenth (10th) year from the date of purchase of the Product, any payment under this Limited Warranty will be reduced by ten percent (10%) each year. After the 10th year, this Limited Warranty will expire and shall no longer be applicable. If the original retail cost cannot be established by the Covered Person to Hardie's reasonable satisfaction, the cost shall be determined by Hardie in its sole and reasonable discretion. Hardie's replacement of the defective Product or reimbursement pursuant to Section 2 of this Limited Warranty is the exclusive remedy for the Covered Person for any defect in materials or workmanship. HARDIE WILL NOT REFUND OR PAY ANY COSTS IN CONNECTION WITH LABOR OR ACCESSORY MATERIALS.
3. WHAT YOU MUST DO/CONDITIONS OF LIMITED WARRANTY. Warranty coverage under this Limited Warranty shall be subject to the following terms and conditions:
A Covered Person must provide written notice to Hardie within thirty (30) days after discovery of any claimed defect covered by this Limited Warranty and before beginning any permanent repair. The notice must describe the location and details of the claimed defect and any additional information necessary for Hardie to investigate the claim. Photos of the Product, showing the claimed defect must accompany the notice. A claimant under this Limited Warranty must provide proof to Hardie that such claimant is a Covered Person as defined in Section 1 above.
The Product must be installed according to Hardie's printed installation instructions and all building codes adopted by federal, state or local governments or government agencies and applicable to the installation.
Upon discovery of a claimed defect, a Covered Person must immediately, and at a Covered Person's own expense, provide for protection of all property that could be affected until the claimed defect is remedied if applicable. Before any permanent repair to the Product, a Covered Person must allow Hardie or Hardie's authorized agent to enter the property and structure where the Product is installed, if applicable, and examine, photograph and take samples of the Product.
4. WHAT IS NOT COVERED. This Limited Warranty does not cover damage or defects resulting from or in any way attributable to:
The improper storage, shipping, handling or installation of the Product (including, without limitation, failure of the Product to be installed in strict compliance with the Conditions of Limited Warranty set forth in Section 3.B of this Limited Warranty) and/or improper installation of studs or other accessories;
Further processing, modification or alteration of the Product after shipping from Hardie;
Neglect, abuse, or misuse;
Repair or alteration;
Settlement or structural movement and/or movement of materials to which the Product is attached;
Damage from incorrect design of the structure;
Exceeding the maximum designed wind loads;
Acts of God including, but not limited to, tornados, hurricanes, floods, earthquakes, severe weather or other natural phenomena, (including, but not limited to, unusual climate conditions);
Efflorescence or performance of any paints and/or coatings which are not Hardie and/or Hardie affiliated applied;
Growth of mold, mildew, fungi, bacteria, or any organism on any surface of the Product (whether on the exposed or unexposed surfaces);
Lack of proper maintenance; or
Any cause other than material or manufacturing defects attributable to Hardie.
5. LIMITATION OF LIABILITY. IN NO EVENT SHALL HARDIE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS OF PROPERTY DAMAGE CAUSED BY MOLD OR MILDEW, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you.
6. ENTIRE AGREEMENT. This Limited Warranty contains and represents the only warranty extended by Hardie for the Product. No employee or agent of Hardie or any other party is authorized to make any other warranty in addition to those made in this Limited Warranty. This Limited Warranty gives you specific legal rights and you may also have other rights which vary from state to state.
7. HOW TO OBTAIN WARRANTY SERVICE. For warranty services call 866.375.8603 or write Warranty Department, James Hardie Building Products, Inc., 10901 Elm Avenue, Fontana, California 92337.
8. DURATION OF IMPLIED WARRANTIES. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS LIMITED IN DURATION TO THE DURATION OF THIS LIMITED WARRANTY.
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