The Dexerdry Gutter Flange is warranted for Twenty-Five (25) year from date of purchase by Dexerdry, Inc., (hereinafter – “Dexerdry, Inc.” or “Company”) in accordance with the terms and conditions set forth herein to be free from defects in material and workmanship that: (i) occur as a direct result of the manufacturing process, (ii) occur under normal use and service, and (iii) occur during the Twenty-Five (25) year limited warranty period. Dexerdry is an exterior product and is not a substitute for other products or materials for applications requiring dry space as required by certain building codes. Purchaser must comply with all applicable building codes in their area.
NOTIFICATION: It is a condition of this Limited Warranty that the original purchaser/home owner must register this Warranty with the Company. Should Dexerdry (the product) show defects at any point within the warranty period, Original Purchaser/Property Owner must notify Company in writing within 30 days after discovering the claimed defect and prior to beginning any repair or alteration to the Dexerdry product. The notice must include a detailed description of the claimed defect, photograph(s) of the defect and proof of purchase.
It is a further condition of this Twenty-Five (25) year Limited Warranty that Company will, within a reasonable period of its receipt of such notice, be permitted to inspect the claimed defect. If, after inspection, Dexerdry, Inc., determines that the claim is in accordance with the terms of this Limited Warranty, Company will repair or replace the defected piece(s) of Dexerdry, or will refund the original purchase price of the defective piece(s) based upon a pro-rata amount. This amount is one hundred percent within the first five years after purchase and reduces by twenty percent every five years thereafter. For example, this refund amount would be eighty percent of the original purchase price if the defect occurs in the sixth or seventh year of the Warranty period; sixty percent if the defect occurs in the eleventh or twelfth year, etc. The choice of remedy is in the Company’s sole discretion. The Company will not be liable for replacement of other material used (including deck boards) in the product’s application connected with the claim. In addition, the Company will not be liable for labor and/or removal costs connected with the claim. Any replacement of Dexerdry will be as close to the original color as possible, although it is not guaranteed to match completely. In the event of a repair or replacement of Dexerdry, the Company will extend the balance of the warranty period in effect at the time Dexerdry proved to be defective.
LIMITATION: This Twenty Five (25) Year Limited Warranty is void if any of the following occur: (a) improper installation and/or failure to abide by the Company’s installation guidelines; (b) improper installation and/or failure to abide by the installation guidelines of the deck board and/or other manufactures products used in the application; (c) movement, settling, distortion or collapse of the ground or supporting structure on which Dexerdry is installed; (d) naturally occurring casualties including impact from objects, earthquakes, tornadoes, hurricanes, lightning, flooding, or acts of God; (e) improper application of paint, solvent or other surface chemical or agent (including cleaning) not recommended by the Company or the deck board manufacture; (f) adverse effects of air pollution; and, (g) normal weathering of product. This Limited Warranty is non-transferrable from the original purchaser/property owner.
OTHER CONDITIONS: The Company does not recommend the use of Dexerdry in all applications. Dexerdry is intended to be used with Company approved deck boards. Local Code Authority should be consulted before installation of structures with load-bearing capacities and for other zoning requirements. This Limited Warranty is valid for residential application only.
THE WARRANTY STATEMENT CONTAINED IN THIS TWENTY-FIVE (25) YEAR LIMITED WARRANTY SETS FORTH THE ONLY WARRANTY EXTENDED BY THE COMPANY AND ARE IN LIEU OF ALL OTHER CONDITIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTIBILTY AND FITNESS FOR A PARTICIULAR PURPOSE. THE PROVISIONS OF THIS WARRANTY SHALL CONSTITUTE THE ENTIRE LIABILITY OF DEXERDRY, INC., AND THE ORIGINAL PURCHASER/PROPERTY OWNERS EXCLUSIVE REMEDY FOR BREACH OF THIS WARRANTY. IN PARTICULAR, IN NO EVENT SHALL DEXERDRY, INC., BE LIABLE TO THE ORIGINAL PURCHASER/PROPERTY OWNER FOR SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING FROM THE USE OF DEXERDRY OR THE BREACH OF ANY EXPRESS OR IMPLIED WARRANTY.
The laws of some states and provinces do not allow the exclusion, limitation or variation of certain conditions and warranties implied by legislation so the above limitations or exclusions may not apply to you. This Limited Warranty gives you specific legal rights and you may also have other rights that vary from state to state and province to province.