HOMELAND VINYL PRODUCTS, INC FENCE AND RAIL LIMITED WARRANTY
WHO AND WHAT ARE COVERED BY THIS WARRANTY
This warranty is given to (1) the original purchaser, or (2) the owner(s) of the property at the time of installation,
if di erent from the original purchaser (collectively, the “Purchaser”) of vinyl fence and rail pro les manufacturedby Homeland Vinyl Products, Inc. (“Homeland Vinyl”).
For purposes of this warranty, a “Residential Purchaser” shall refer to a single-family residential homeowner and a “Commercial Purchaser” shall refer to any Purchaser other than a Residential Purchaser. Subject to the exclusions and limitations set forth herein, Homeland Vinyl warrantsto the Purchaser that its vinyl fence and rail pro les (the“Products”) will be free from manufacturing defects –including peeling, aking, blistering, rotting and corroding– when subject to normal and proper use.
The warranty period is for the life of a residential purchaser (30 years for a Commercial Purchaser). The warranty automatically terminates upon the sale of the property or death of the Purchaser.
Should any covered defect occur during the warranty period, Homeland Vinyl will, at its option, repair or provide replacement Products for the defective Products. In lieu of repair or providing replacement Products, Homeland Vinyl also reserves the right to refund the amount paid by the Purchaser for the original Products and such refund shall fully discharge all obligations and liabilities of Homeland Vinyl under this warranty. In no event shall Homeland Vinyl be liable or responsible for labor charges or other expenses arising from or related to the installation or removal of either the original or replacement Products.
This warranty covers only manufacturing defects in materialor workmanship of Homeland Vinyl and, without limitation,does not include any failure, defects, expenses, or damages attributable to:
Failure to provide reasonable and necessary maintenance;
Improper installation (including inadequatereinforcement of nished products);
Bowing of pickets (for Homewood® products,Homeland Vinyl requires installing a mid-rail and
attaching U-channel trim the fence posts in order to reduce the natural tendency for fence panels to bow due to heat build-up);
Distortion due to exposure to heat sources, including but not limited to building or pavement heat build-up,outdoor grills, and re ected sunlight from windows, doorsor other surfaces;
Color change due to normal weathering. Normalweathering is de ned as exposure to sunlight and extremesof weather and atmosphere that will cause any coloredsurface to gradually fade, chalk, or accumulate dirt or stains. When sunlight is partially blocked by a roof,
trees, awnings or the like, uneven weathering may occur.Homeland Vinyl shall have sole discretion to determine, based on reasonable criteria, whether the Products are undergoing normal weathering;
Color or pattern variation on any variegated Products;
Color or pattern variation between any replacement Products and remaining original Products. Homeland Vinyl reserves the right to discontinue or modify any product
line or color without notifying the Purchaser. If the original Product is not available, Homeland Vinyl may choose to provide replacement Products of equal value or quality;
Discoloration or other damage caused by air pollution, mildew, exposure to chemicals (including, but not limited
to sunscreens, insect repellants, acids or bases, rust, lime, fertilizers, herbicides, or solvents);
Misuse, abuse, neglect or improper shipping, handling or storage;
Damage caused by horses or other large animals;
Use of accessories or other components which are incompatible with the Products;
Movement, distortion, settling or collapse of the ground or structure on which the Products are installed;
Impact of foreign objects, re, earthquake, ood,lightning, tornado, hail or other casualty or act of God;
Damage caused by other circumstances and causes beyond Homeland Vinyl’s control;
Any other cause not involving manufacturing defects in the Products.
This warranty does not apply to any Product which has been painted, varnished, or on which any other substance not approved by Homeland Vinyl has been applied over the original finish.
REGISTRATION AND TRANSFER OF WARRANTY
To obtain coverage under this warranty, the warranty must be registered within thirty (30) days after completion of the installation of the Products. The attached registration card must be completed and returned along with proof
of purchase to: Homeland Vinyl Products, Inc., P.O. Box 170729, Birmingham, AL 35217-0729, Attn: Warranty Registration.
This warranty is not transferable, with the following exception: The warranty may be transferred only by the original Purchaser and only one (1) time to a subsequent buyer of the property on which the Products were originally installed. Within thirty (30) days from the date of the transfer of the property, the original Purchaser shall deliver to Homeland Vinyl a written Application for Transfer of Warranty, along with proof of the original purchase ofHomeland Vinyl products. During the rst ten (10) yearsafter the date of original installation of the Products, a dulytransferred warranty shall remain in full force and e ect
as to all covered Products. After such ten year period, Homeland Vinyl’s responsibility under such duly transferredwarranty shall decrease by ve percent (5%) per year. At notime, however, shall Homeland Vinyl’s responsibility underthis warranty be less than ten percent (10%) of the originalPurchaser’s price for the Products. Time is of the essence, and failure to comply with the foregoing requirements will terminate this warranty and relieve Homeland Vinyl of any further obligation under this warranty.
WHAT THE PURCHASER MUST DO
A claim under this warranty must be reported in writing, with proof of purchase, to Homeland Vinyl Products, Inc., P.O. Box 170729, Birmingham, AL 35217-0729, Attn: Warranty Department within thirty (30) days of the date that the
defect is rst discovered or reasonably could have beendiscovered. Purchaser must include proof of purchase and a statement describing the claimed defect. Homeland Vinyl may request additional information. Homeland
Vinyl will then have a reasonable time to inspect or, at Homeland Vinyl’s option, to have the product or a sample of the product shipped at the Purchaser’s expense to Homeland Vinyl for inspection and analysis of the claimed defect. Homeland Vinyl shall be the sole judge of whether the product is defective and whether the defect is due to manufacturing.
If Homeland Vinyl determines that the claim is within the terms of this Limited Warranty, then Homeland Vinyl will, at its option, provide replacement Products or provide a purchase price refund for the Product under the terms and limitations described herein. In the event of repair
or replacement, the original warranty shall apply to the repaired or replaced portion of the Products, and willextend for the balance of the warranty period in e ect at thetime the material proved defective.
This warranty is e ective for purchases of Products on orafter February 1, 2018.
THIS WARRANTY REPLACES, SUPERSEDES, AND EXCLUDES ALL OTHER WARRANTIES, ORAL, WRITTEN OR IMPLIED, ARISING BY
LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT SHALL HOMELAND VINYL BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO STRUCTURES, THEIR CONTENTS, OR ANY PERSON THEREIN, RESULTING FROM A BREACH OF THIS WARRANTY OR THE PURCHASE, INSTALLATION, OWNERSHIP, OR USE OF HOMELAND VINYL PRODUCTS.
HOMELAND VINYL DOES NOT AUTHORIZE ITS FIELD REPRESENTATIVES, DISTRIBUTORS, OR DEALERS TO MAKE ANY CHANGE OR MODIFICATION TO THIS WARRANTY.
PURCHASER’S EXCLUSIVE REMEDY AND HOMELAND VINYL’S EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO WHAT APPEARS IN THIS DOCUMENT.
SOME STATES DO NOT ALLOW LIMITATIONS ON, OR THE EXCLUSION OF, IMPLIED WARRANTIES, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.