Laminated Panel Warranty
Amerimax Building Products, Inc. (Seller), warrants to the original RV consumer purchaser (Buyer) that the Amerimax Laminated Panel (Product) installed on new recreational vehicles and sold to the Dealer by the recreational vehicle manufacturer listed on the Limited Warranty Card is free from manufacturing defects and will not delaminate for a period of one (1) year from the date the original Buyer purchases the new recreational vehicle. This Limited Warranty is tendered for the sole benefit of the original Buyer and is not transferable or assignable.
Delamination is defined as the measurable separation of the exterior surface (fiberglass, aluminum or steel) from the substrate material but does not include cracking, crazing, chalking, fading, discoloration, or blistering caused by heat build-up as a result of the application of dark graphics. Unicor is not covered under the lamation warranty for product failure or delamination. Any seam print (telegraphing) or waviness in the substrates used is not a warranted item.
Seller assumes no liability for any delamination of the product resulting from: (1) acts of God, including without limitation, floods, lightning, hurricanes, winds, earthquakes, earth tremors, tornadoes, gales, hail, and fire of any origin or cause, (2) installation not in accordance with commonly recognized industry standards, (3) structural shrinkage or distortion of the structure upon which the product is installed, (4) modification to or attachment of any non-factory installed accessories, or (5) explosions, riots, civil disturbances, war, misuse or abuse, or any other causes which are beyond the control of the Seller.
Except as expressly set forth herein, Seller makes no warranty that the Product shall be merchantable or fit for any particular purpose, all of which are expressly disclaimed, nor does Seller make any other warranties, expressed or implied, by operation of law or otherwise. Seller shall not be responsible or liable to the Buyer or to any third party for any commercial loss, property damages, claims for labor, lost profits or incidental, consequential, indirect, special or contingency damages or any losses for any breach of warranty or in connection with the use of, or inability to use, the Product for any purpose whatsoever, whether Buyer’s claim be based in contract, tort, warranty, strict liability, or otherwise. Buyer agrees that Buyer’s sole and exclusive remedy against Seller shall be for the replacement or purchase price refund of the Product stated herein. Seller’s total cumulative liability under this Limited Warranty is limited to the dollar amount of the RV manufacturer’s original payment for the Product and for the normal installation costs to install the Product. NOTE: Some states do not allow limitations on incidental or consequential damages. This warranty gives you specific legal rights and you may also have other rights which vary from state to state.
During the one (1) year period specified herein, if the Product delaminates, and upon investigation the delamination is found to be as a result of manufacturing defects within the Product and a warranty obligation exists pursuant to the terms of this Limited Warranty, Buyer will, at Seller’s election receive reimbursement for the cost of repairing the delaminated area or replacement material and reimbursement for the cost of installing the replacement material for that portion of the Product found to be delaminating.
To require performance of Seller’s obligation under this Limited Warranty, Buyer must, within thirty (30) days of discovery of the purported defect or deterioration of which the claim relates, send written notification of such defect by certified mail to: AMERIMAX BUILDING PRODUCTS, INC., 5208 TENNYSON PARKWAY, SUITE 100, PLANO, TEXAS 75024, ATTN: WARRANTY DEPT.
This notice must include a general description of the purported defect or premature deterioration. Failure to notify Seller in this manner shall be deemed a waiver of any purported defect or premature deterioration. Within thirty (30) days after written notice of the alleged defect has been received by Seller, its representatives will investigate the claim. Such investigation must include inspection of the RV unit to which the Product is affixed to and the securement of adequate samples of the Product for examination by Seller as a part of its claims investigation. Buyer’s failure to permit such investigation constitutes a waiver of the purported defect and premature deterioration and will invalidate this Limited Warranty.
Upon being permitted such opportunity to investigate and make a determination that a warranty obligation exists, Seller will promptly perform the obligation imposed by this Limited Warranty as a result of such investigation.
Seller shall not be liable for any action or expenditures which are incurred prior to written acknowledgment of Seller’s responsibility relating to the replacement or reimbursement remedy provided for herein.
THIS LIMITED WARRANTY MAY NOT BE CHANGED ORALLY.