Commercial Warranty - Grad Concept US

LIMITED WARRANTY

PLEASE READ THIS WARRANTY CAREFULLY BEFORE PURCHASING, USING OR INSTALLING YOUR PRODUCT GRAD.

We are confident you will be happy with the quality and performance of our products, and we are proud to offer to the original purchaser a limited commercial warranty.
Please refer to our terms and conditions for details.

In accordance with and subject to the terms and conditions of this Limited Commercial Warranty (“Warranty ”), GRAD CONCEPT INC., a Delaware corporation ("Warrantor") warrants the Aluminum Rails and Clips manufactured and sold under the GRADTM brand products specifically described in Exhibit “A” attached hereto and made a part hereof (“Products”).

Limited Warranty:

Beneficiary of Warranty: This Limited Commercial Warranty covers the Products sold to purchaser (“Beneficiary”).

For purposes of this warranty,

a “Residential Purchaser” * shall refer to a single-family residential homeowner and all accessories structure (house, and apartment),

*The conditions of this Limited Warranty for Residential Purchaser cannot be claimed by tenants, landlords, real estate agencies, letting agencies or other commercial purchasers. The conditions of this Limited Warranty can only be activated by Residential Purchasers as described above.

And,

a "Commercial Purchaser” shall refer to any Purchaser other than a single-family residential homeowner as defined herein. An original purchaser who installs the
Products on the owner’ property is also a Beneficiary.

Warrantor not Bound by Third Party Warranties. Warrantor is bound only by its own Limited Warranty and is not bound by commercial warranties offered by other parties involved in the installation of the Products delivered to the Beneficiary.

Scope of Warranty: Provided Beneficiary complies with the conditions of the Warranty, including without limitation Warrantor’s instructions for installation/using and applicable building codes, laws, rules and building and safety regulations applicable to the Product installation, Warrantor warrants that the Products supplied to Beneficiary will be free of all defects in material and workmanship that significantly impair their operation and proper usage for twenty 20 (twenty) years* from the date mentioned in the acceptance report of the work in the case of express acceptance, failing that, from the date of issue of the installer's invoice(**).

*in the conditions of this Limited Warranty.
(**) the installer (hereinafter the "Installer") is defined as any person involved in the installation of the Products in the user’s home.

General and Specific Conditions of Warranty: The General Conditions of the Warranty are set forth below concerning the Products covered and the class of Beneficiary, duration of the Warranty, claims pursuant to the Warranty, exclusions and other matters. Specific conditions for each Product are also set forth [italic] below. [/italic]

I. General Conditions

Beneficiary covered: The Warranty applies only to the original Beneficiary on condition Beneficiary provides satisfactory proof of the following to Warrantor:

Installation. Local building codes together with Warrantor’s installation and all instructions and recommendations given by Warrantor were thoroughly observed and followed in connection with the installation of the Products. Beneficiary assumes all risk and liability associated with the installation or use of the Products by him or all third parties;

Use and Storage of Products. Specific conditions of use and storage of each GRADTM brand Product have been fully complied with by all intermediaries involved prior to the installation of the Products, and in particular the Products under Warranty must be covered when stored and kept away from direct exposure to bad weather (wind, rain, snow, hail), sunlight, moonlight, and any environmental contamination or pollution:

*The Warrantor expressly requests not to expose Products to moonlight due to the possible impact of UV light on the Product.

In the event any of the intermediaries were to breach the specific conditions of use and storage prior to the installation of the Products, its responsibility must be called in.

No Abnormal or Illegal Conditions of Use. The Products covered by the Warranty have not been installed or used under unusual or abnormal conditions or in violation of applicable building codes, regulations and Warrantor’s instructions.

In the event any of the intermediaries were to breach the specific conditions of use and storage prior to the installation of the Products, its responsibility must be called in.

Verification of Products by Beneficiary. Beneficiary shall have checked the condition of the Products before their installation and must notify Warrantor of any defects or problems in this regard prior to installation.

Confirmation of Fulfillment of Conditions. In case of a Warranty claim, Warrantor reserves the right to verify that these conditions have been complied with by Beneficiary and persons involved in the installation of the Products or in the Supply Chain of the Products. Failure to follow any restrictions or warnings (notably installation and maintenance guide) supplied with the Products shall make the Warranty null and void and of no further effect.

In the event any of the intermediaries were to breach the specific conditions of use and storage prior to the installation of the Products, its responsibility must be called in.

Obligations of Warrantor.

Warrantor’s Liability. Warrantor’s liability under the Warranty is limited solely and exclusively to its obligations specifically assumed pursuant to the Limited Warranty.

(a) Refund or Replacement. Warrantor’s sole obligation is limited to
(b) replacement as hereinafter provided with goods for a value subject to discount for obsolescence as hereinafter provided depending on the class of Beneficiary, on condition that Beneficiary has not altered the Products in any way and has maintained the Products in accordance with Warrantor’s recommendations and in conformity with the conditions of the Warranty. If a claim is made under this Warranty on a Product that is no longer available, Warrantor reserves the right to substitute a similar product of equivalent value.

No other liability of Warrantor. Warrantor shall have no further liability or obligation except as expressly stated herein. No one, including but not limited to, any Grad Concept Inc partner, reseller, agent or employee is authorised to modify, expand or add to this Limited Warranty.

Claim Procedure

Warrantor’s Contact Information. If the Beneficiary believes it has a claim for breach of Warranty, it may contact Warrantor online or in writing, providing proof of purchase and including a statement explaining the alleged defect at the following address:

GRAD CONCEPT INC.
1201 North Market Street Suite 111
WILMINGTON DE 19801
infoUS@gradconcept.com

Decision as to Remedy. After analysis of the claim, Warrantor will notify Beneficiary of its decision regarding the validity of the claim, and if it finds the claim to be well founded, whether it will at its option replace the Product or Refund the Purchase Price after application of the obsolescence discount.

General Blanket Exclusions

The Warranty does not apply to replacement parts and any parts damaged due to normal wear and tear.

The Warranty does not apply to products that are not listed in Exhibit “A”.

The Warranty does not cover personal injuries resulting from mishandling the goods, handler’s carelessness, failure to follow manufacturer’s recommendations of use, or failure to follow applicable laws”. The costs of removal, reinstallation (including but not limited to labor) are not covered by the Warranty.

The Warranty does not apply to any Product:

• that is damaged from improper installation abuse, misuse, acts of God such including but not limited to hurricane, lightning, flooding, tornado, high wind, earthquake, hail, a change in the environmental conditions, improper drainage, or any other cause beyond Warrantor’s control, acts of war, casualty, fire or exposure to extreme heat sources or other chemical or biological factors or normal weathering.
• that is damaged by discoloration, fading, spotting or staining from or caused by, organic materials, metallic oxides or particles (including but not limited to rust or corrosion), dirt, other atmospheric or environmental pollutants,
• that is damaged by use on the Products of abrasive compounds of acidic or basic pH, strong solvents, oil-based paints or stains, metallic rust and other items not normally used on a residential decking and cladding on GRAD branded products or recommended by the Warrantor's installation guide,
• that has not been installed or maintenance in accordance with installation/maintenance guidelines and applicable building codes (applicable laws and building regulations).
• that has been abused, placed under or subjected to abnormal conditions of use or shows surface damages
• that has been painted, coated, used, modified or otherwise treated in any manner other than as intended by Warrantor as indicated in Warrantor’s installation guidelines

Duration of Warranty

Specific Duration. The Warranty is valid for twenty (20) years* from (a) the date indicated on the Installer’s invoice to the Beneficiary, or (b) from the date of the written confirmation from Beneficiary of acceptance of the Products in case of express acceptance.
*in the conditions of this Limited Warranty

Expiration of Warranty. The Warranty shall expire at the end of this period, unless otherwise provided in the special conditions included below in connection with a specific Product.

Differences Regarding Residential and Commercial Limited Warranties: Beneficiaries are advised that the duration of Residential and Commercial Warranties and the remedies in connection therewith may be different and are governed by the Special Conditions for each covered Product set forth hereafter and the applicable law and applicable code.

Territorial scope of the Warranty

This Warranty only applies to Products purchased and installed in the United States, Canada or the countries members of CARICOM.

Limitations and Disclaimers

Limitations and Disclaimers DISCLAIMER OF IMPLIED WARRANTIES.

EXCEPT AS SPECIFICALLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, EXPRESS OR IMPLIED (OTHER THAN GOOD TITLE), INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PURCHASE OF THE PRODUCT IS ACCEPTANCE OF THE TERMS AND CONDITIONS.

LIMITATION OF REMEDIES AND EXCLUSION OF CONSEQUENTIAL AND INCIDENTAL DAMAGES:

IN NO EVENT SHALL WARRANTOR BE LIABLE OR RESPONSIBLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST SALES, USE OF GOODS OR STOPPAGE OF WORK OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, DEFAULT OF STATUTORY DUTY, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THAT SUCH LIMITATION IS SPECIFICALLY EXCLUDED BY APPLICABLE LAW. IN NO EVENT SHALL WARRANTOR’S LIABILITY EXCEED THE COST OF REPLACEMENT OF PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.

Possible Exceptions to Limitations. Some states and provinces may not allow the exclusion or limitation of incidental or consequential damages so the above limitations and exclusions may not apply to you. This Warranty gives you specific legal rights which may vary from state to state or province to province depending on local law, and you may also have other rights, that vary from state to state or province to province.

Choice Of Law

The substantive law of the State of Florida law shall govern the interpretation of this Warranty and any claim of breach of warranty by Warrantor, regardless of conflict of law principles.

II. SPECIAL CONDITIONS

Specific Conditions for Aluminum Rails and Clips

The following special conditions govern the application of the Warranty to the following Products:

1. ALUMINIUM RAILS:

Duration of Warranty: 20 (twenty) years starting from the date mentioned in the acceptance report of the work in the case of express acceptance, failing that, from the date of issue of the Installer's invoice.

Specific Loss covered by the Warranty:

Provided that the applicability of the Aluminum Rails Warranty is based on meeting legal and recommended installation practices by the owner and owner’s agents, the Warranty of Aluminum Rails covers oxidation, which presents structural risks that could lead to deep corrosion and cause holes in the rails that were installed.

Exclusions Regarding Aluminum Rails

The Warranty does not apply to Aluminum Rails in the following instances:

• The failure of Beneficiary to respect the Warrantor’s conditions and in particular those contained in the installation/maintenance guide issued by Warrantor (as applicable at the time of the installation),
• When the exclusions listed herein have materially contributed to the damage,
• Permanent contact with sea water (immersion of rails, rails exposed to regular projection of sea water) of a Product brand GRAD TM whose not adapted to the coastal/littoral/riverine area zone. (1) In case of installation on the seaside (pontoon, marina, ...) the Warrantor proposes a product adapted to this type of environment whose use is mandatory in such case. Otherwise, the Warranty does not apply,

• Contact with another metal whose galvanic couple is inappropriate (copper, galvanized steel...),
• Change of color and aspect due to natural aging,
• Rails put in contact with strongly acidic or alkaline products.
• Installation in an industrial area and subsequent exposure to chemical emissions that accelerate corrosion,
• Bleaching of the surface, Rails put in contact with strongly acidic or alkaline products.
• Defects appearing after expiration of the Warranty Period or notified to the Warrantor by the Beneficiary after expiration of the Warranty period.

Storage conditions of Aluminum Rails

Specific Conditions. The Aluminum Rails products, subject to these special Warranty conditions, must be stored according to the specified conditions, i.e. under shelter providing protection from bad weather (wind, rain, snow, hail,), from sunlight and moonlight*,and from any extreme pollution in accordance with the general conditions of the Limited Warranty.

*The Warrantor expressly requests not to expose Products to moonlight due to the possible impact of UV light on the Product.

Observation of Conditions by Third Parties. Warrantor shall require observation of the storage conditions by all persons likely needing to store the products subject to the Warranty or persons intervening in the Supply Chain, regardless of their role in the execution of the installation, as the failure by any one of such persons may adversely affect the Warranty.

Verification of Product by Beneficiary Before Installation. It is recommended that the Beneficiary check the specific conditions of the Aluminum Rails before installation and notify the Warrantor of any reservations it may have with respect thereto.

Failure of Beneficiary to Comply with Storage Requirements. Warrantor reserves the right not to implement the Warranty if Warrantor believes that the Beneficiary has not complied with its storage obligations. Therefore, the Beneficiary is responsible for proving that it has stored the products covered by the Warranty in accordance with applicable storage conditions.

Warrantor’s Right of Verification of Storage. In case of a claim for breach of Warranty, the Warrantor reserves the right to check whether all persons responsible for the Products have complied with all storage requirements.

In the event any of the intermediaries were to breach the specific conditions of use and storage prior to the installation of the Products, its responsibility must be called in.

Warrantor’s Obligations regarding Aluminum Rails:

Warrantor may either replace the defective Product or pay to Beneficiary a portion of the purchase price in conformity with the following prorated refund schedule:

Replacement: Value of Replacement Products. Warrantor will replace defective goods subject to Warranty and will cover a percentage of the value of the replacement goods calculated in accordance with a depreciation schedule. Beneficiary to be responsible for the part of the value that is not covered by Warrantor. For Residential and Commercial Beneficiaries, depreciation is evaluated as follows:

RESIDENTIAL:

- 0-2 years: Warrantor covers 100% of the Replacement Product value.

- 2 -10 years: Warrantor covers 75% of the Replacement Product value,

- 10-15 years: Warrantor covers 25% of the Replacement Product value,

- 15-20 years: Warrantor covers 10% of the Replacement Product value.

COMMERCIAL:

- 0-2 years: Warrantor covers 100% of the Replacement Product value,

- 2-10 years: Warrantor covers 50% of the Replacement Product value,

- 10-15 years: Warrantor covers 10% of the Replacement Product value,

- 15-20 years: Warrantor covers 5% of the Replacement Product value.

NB: The period of Product use begins as of the express installation of the Product without reservation (i.e. the date mentioned in the document removing reservations), failing which, use begins on the date of issue of the Installer's invoice.

2. CLIPS

Duration of Warranty: 20 (twenty) years starting from the date mentioned in the acceptance report in the case of express acceptance, failing that, from the date of issue of the Installer's invoice. The Warranty does not apply to defects that appear or those notified to the Supplier by the Beneficiary after the expiration of the warranty period.

Specific Loss covered by the Warranty

• Abnormal deformation or breakage of the clip following installation and use in accordance with the conditions constituting standard practices.

NB: The respect of standard practices by the Beneficiary and its agents is a condition precedent to the applicability of the Warranty.

Conditions Applicable to Clips

Approval by Warrantor. The wood species and board types, as well as the profiles and structures used, must be validated by the guarantors in the case of complex projects (in the event of technical constraints that are not met by the installation guides) and public use in order for the Warranty to apply.

Temperate Range: Temperature range of use :

between - 4° F and + 140°F (- 20 ° C and 60° C).

Exclusions Regarding Clips

The Warranty does not apply in the following instances:

• The violation of the conditions dictated by Warrantor and those contained in the latest updated version available of installation guide issued by Warrantor (according to the version applicable at the date of initiation of the Warranty),
• Exposure to UV light (whether direct or indirect) over a period of more than 6 months (during product storage) which may cause whitening and brittleness of the material that composes the product.

Storage conditions of Clips:

Specific Conditions. The Clips, subject to these special Warranty conditions, must be stored according to the conditions specified to Beneficiary, i.e. under shelter providing protection from bad weather (wind, rain, snow, hail,), from sunlight and moonlight* and the sun and from any extreme pollution in accordance with the general conditions of the Limited Warranty.

*The Warrantor expressly requests not to expose Products to moonlight due to the possible impact of UV light on the Product.

Observation of Conditions by Third Parties. Beneficiary shall require observation of these storage conditions by all persons likely needing to store these products subject to the Warranty or persons intervening in the Supply Chain, regardless of their role in the execution of the installation, as the failure by any one of such persons may adversely affect the Warranty.

Verification of Product by Beneficiary Before Installation. It is recommended that the Beneficiary check the condition of the Product before installation and to notify the Warrantor of any reservations it may have with respect thereto.

In the event any of the intermediaries were to breach the specific conditions of use and storage prior to the installation of the Products, its responsibility must be called in.

Warrantor’s Obligations regarding Clips:

Warrantor may either replace the defective Product or pay to Beneficiary a portion of the purchase price in conformity with the following prorated refund schedule:

Replacement: Value of Replacement Products. Warrantor will replace defective goods subject to Warranty and will cover a percentage of the value of the replacement goods calculated in accordance with an obsolescence schedule, Beneficiary to be responsible for part of the part of the value not covered by Warrantor. The obsolescence calculations for Residential and Commercial Beneficiaries are the following:

RESIDENTIAL:

- 0-2 years: Warrantor covers 100% of the Replacement Product value.,

- 2 -10 years: Warrantor covers 75% of the Replacement Product value,

- 10-15 years: Warrantor covers 25% of the Replacement Product value,

- 15-20 years: Warrantor covers 10% of the Replacement Product value.

COMMERCIAL:

- 0-2 years: Warrantor covers 100% of the Replacement Product value,

- 2-10 years: Warrantor covers 50% of the Replacement Product value,

- 10-15 years: Warrantor covers 10% of the Replacement Product value,

- 15-20 years: Warrantor covers 5% of the Replacement Product value.

NB: The period of Product use begins as of the express installation of the Product without reservation (i.e. the date mentioned in the document removing the reservations), failing which, use begins on the date of issue of the Installer's invoice.

EXHIBIT “A”

To follow

- Specifications and product data sheet of Aluminum Rails covered by the Limited Warranty :

To follow

- Specifications and product data sheet of the Clips covered by the Limited Warranty :