Magnum Board Warranty
30 YEAR PRODUCT WARRANTY
Limited – Prorated – Transferable
1. Coverage
Magnum Building Products warrants to the first owner of the
structure to which all Magnum® Sheathing products (hereinafter
Product) is applied and the first transferee of such structure
that, for a period of 30 years from the date of purchase,
the Product will be free from manufacturing defects, including
rotting, swelling, delamination and damage from termites,
when properly installed and maintained according to Magnum
Building Products published installation instructions. Should
any such defect appear, Magnum Building Products will pay
to repair or will provide replacement material, at its option,
for the defective Product Magnum Building Products also reserves
the right to refund the amount paid for the Product, subject
to the prorating schedule set forth herein.
Under no circumstances and in no event shall Magnum Building
Products be liable for any labor charges or other expenses
whatsoever in connection with the removal or installation
of either the original or replacement Product. In the event
of repair or replacement under the terms of this warranty,
the original warranty shall apply to the replaced or repaired
product and will extend for the balance of the warranty period
in effect at the time the Product proved defective.
The coverage offered by this warranty is intended to cover
individual homeowners only.
If during the Warranty period, any Product proves to be defective,
Magnum Building Products, in its sole discretion, will replace
the defective Product before it is installed, or, during the
first year, reimburse the covered person for resulting losses
up to twice the retail cost of the defective portion of the
Product. During the 2nd through the 30th year, the Warranty
payment will be reduced by 3.3% each year such that after
the 30th year no warranty will be applicable.
Number of Years of Use Obtained After Installation Magnum
Building Products’ Prorated Share of Warranty Obligation
Year 1 Capped at twice the retail cost of the defective portion
of the Product. Years 2 through 30 shall incur a 3.3% reduction
per year.
If the original retail cost cannot be established by the covered
person, the cost will be determined by Magnum Building Products
in its sole and reasonable discretion. Magnum Building Products
replacement of the defective Product or granting of a refund
pursuant to Section 1 of this Warranty SHALL BE THE SOLE EXCLUSIVE
REMEDY available to the covered persons with respect to any
defect. Magnum Building Products will not refund or pay any
costs in connection with labor or accessory materials. Any
refund or material replacement by Magnum Building Products
shall constitute a full settlement and release of all claims
of any covered person hereunder for damages or other relief,
and shall be a complete bar to any litigation filed subsequently
to the covered person’s acceptance of such agreement.
2. Conditions of Warranty
The Product must be stored according to the manufacturer’s
instructions at all times between purchase and installation.
The Product must be installed according to Magnum Building
Products printed installation instructions and all building
codes adopted by federal, state or local governments or government
agencies and applicable to the installation.
Failure to install and finish the Product per the manufacturer’s
published instructions may affect Product performance and
voids the Warranty.
3. What the Customer Must Do
The claimant must provide proof that he/she is a covered person
and notify Magnum Building Products in writing within 30 days
after discovery of any claimed defect or failure covered by
this Warranty and before beginning any permanent repair.
The claimant must provide proof of the date of purchase and
installation, as well as proof of property ownership. All
notifications should be sent to: Magnum Building Products,
46615 Tennis Island Road, Wellesley Island, NY 13640.
Upon discovery of a possible defect or failure, the covered
person must immediately, and at the covered person’s
own expense, provide protection of all property that could
be affected until the defect or failure is remedied.
The property owner will be required to submit a sample and
photographs of the defective material to Magnum Building Products
for the analysis. Magnum Building Products will then investigate
the claim and examine the material claimed to be defective.
If requested, the property owner must provide access for examination
by an agent of Magnum Building Products. If a defect covered
by this warranty is confirmed, Magnum Building Products, within
a reasonable amount of time after the inspection, will repair
or replace the Product, or refund the original purchase price
of the defective Product, pursuant to the terms of this warranty.
4. Limitations
This warranty does not provide protection against any failure,
defect or damage caused by situations and events beyond normal
exposure conditions, including but not limited to:
+ Misuse, abuse, neglect or improper handling, shipping, storage
or installation of the Product.
+ Improper application or application not in strict adherence
to Magnum Building Products written application instructions.
+ Improper installation of stubs or other accessories.
+ 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.
+ Use of accessories that do not properly receive and/or secure
the Product.
+ Impact of foreign objects, fire, earthquake, flood, lightning,
hurricane, tornado, severe weather (including, but not limited
to, unusual climate conditions) or other casualty or act of
God.
+ Growth of mold, mildew, fungi, bacteria, or any organism
on any surface of the Product (whether on the exposed or unexposed
surfaces) and in this respect, any claims of damage caused
by mold or mildew are expressly excluded.
+ Lack of proper maintenance or any cause other than manufacturing
defects attributable to Magnum Building Products. Magnum Building
Products will have no responsibility hereunder for defective
Product subjected to further processing or alteration after
shipment.
+ Magnum Building Products reserves the right to discontinue
or modify any of its Products without notice to the property
owner/consumer and shall not be liable as a result of such
discontinuance or modification. If Magnum Building Products
replaces any material under this warranty, it may substitute
Product designated by Magnum Building Products to be of comparable
quality or price range in the event the Product initially
installed has been discontinued or modified.
5. Other Conditions:
IN NO EVENT WILL MAGNUM BUILDING PRODUCTS BE LIABLE FOR ANY
INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF
ANY KIND, INCLUDING ANY DAMAGE TO THE BUILDING, ITS CONTENTS
OR ANY PERSONS THEREIN, WHETHER RESULTING FROM NONDELIVERY
OR FROM THE USE, MISUSE, OR INABIITY TO USE THE PRODUCT OR
FROM DEFECTS IN THE PRODUCT.
SOME STATES DO NOT ALLOW LIMITATIONS ON, OR THE EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY.
THIS WARRANTY REPLACES ALL OTHER ORAL OR WRITTEN WARRANTIES,
LIABILITIES OR OBLIGATIONS OF MAGNUM BUILDING PRODUCTS. PERTINENT
STATE LAW SHALL CONTROL FOR WHAT PERIOD OF TIME FOLLOWING
THE SALE A PROPERTY OWNER/CONSUMER MAY SEEK A REMEDY UNDER
THE IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR
A PARTICULAR PURPOSE.
IN NO EVENT SHALL MAGNUM BUILDING PRODUCTS BE LIABLE FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING
ANY DAMAGE TO THE BUILDING, ITS CONTENTS, OR ANY PERSONS THEREIN,
RESULTING FROM THE BREACH OF THE WARRANTY. NO FIELD REPRESENTATIVE
OR DISTRIBUTOR OR DEALER OF MAGNUM BUILDING PRODUCTS IS AUTHORIZED
TO MAKE ANY CHANGE OR MODIFICATION TO THIS WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON, OR THE EXCLUSION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS
MAY NOT APPLY.
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