Limited Product Warranty
Atlanta Post Caps, LLC, a Georgia limited liability company (the “Company”) expressly warrants to the original end-use purchaser that, for a period of ten (10) years from the date of retail outlet (or direct from Company) purchase the _________________________ (the “Product”) will be reasonably free of defects in materials and workmanship (the “Limited Warranty”). This Limited Warranty only applies to Company’s Products which are used, stored, handled, and installed in the manner recommended by Company.
Company will, at its option, repair or replace Product without charge, or refund the cost of the Product, if the Product fails or does not perform as warranted solely due to a manufacturing defect within the warranty period, subject to the exclusions set forth in this Limited Warranty. Repair or replacement during this ten (10) year limited warranty shall not include: any labor charges necessary to repair or replace the defective product; the costs associated with removal, repair or replacement of fixtures; or hardware or decorative treatment, including, but not limited to rail, floor, wall, or other treatments. During the entire ten (10) year limited warranty, Company’s obligation as to repair or replacement shall further be limited to repair or replacement with the styles, models, products, colors, etc. of the Product that are available at the time of the repair or replacement, and shall be limited to the repair or replacement of only the specific Product that fails due to a manufacturing defect. Any repaired or replaced product shall also remain subject to the original ten (10) year limited warranty period from the date of the original purchase, and any repair or replacement shall not extend the original limited warranty period in any manner or start a new warranty period.
You may obtain coverage under this Limited Warranty by providing Company with proof of original purchase. For service under this Limited Warranty, you must notify Company directly and not attempt to have the retailer or wholesaler from whom you purchased the Product exchange or otherwise refund or resolve the issue you are having with the Product.
This Limited Warranty is not transferable to a subsequent owner of the Product (regardless of whether the Product is installed on real property that is transferred to a new owner), unless the Product was installed by a general contractor during the initial construction of a physical building, deck, fence or other intended use. In such event where an end customer of a general contractor desires to invoke the benefits of this Limited Warranty, the end-customer shall contact its general contractor for proof of purchase of the Product and then contact Company.
Disclaimer of Warranties
Company’s Products must be stored, handled, installed, used and maintained in accordance with instructions provided by Company, and this Limited Warranty is conditioned upon compliance with all such instructions. Copies of the Company’s use guide; care guide; instruction manual, installation instructions, etc. are available from the Company at the address listed below. You may also obtain these materials by contacting Company at (770) 808-0200 or on the Company’s website at www.AtlantaPostCaps.com.
This Limited Warranty does not cover defects caused by:
1. non-compliance with Company’s use guide, care guide, instruction manual or other materials. Such failures include, but are not limited to, exposure to physical abuse, including, but not limited to: impact abuse (e.g., heavy or repetitive striking, scraping or other physical damage), chemical abuse (e.g. insecticides, herbicides, harsh cleansers and solvents), thermal abuse or shock (e.g., excessive heat, in particular location near BBQs or highly-reflective windows, siding or other conditions causing extreme localized heat) or other general misuse;
2. improper storage, installation, handling, use and/or fabrication (including modification or cutting-to-fit of the Product;
3. damage not resulting from manufacturing defects that occur while the Product is in the customer’s possession;
4. unreasonable or unintended use of Product;
5. products installed with known or visible manufacturing defects at the time of installation;
6. minor conditions such as stains, scratches, dings, etc.; and,
7. failure or dissatisfaction with appearance of the size, style and look of the installed Product.
Any information or suggestion by Company with respect to the Products concerning applications, specifications or compliance with codes and standards is provided solely for your convenient reference and are made without any representation as to accuracy or suitability. You must verify and test the suitability of any information with respect to the Products for your specific application.
THE WARRANTIES SET FORTH HEREIN ARE THE ONLY WARRANTIES MADE BY COMPANY IN CONNECTION WITH THESE PRODUCTS. COMPANY CAN NOT AND DOES NOT MAKE ANY IMPLIED OR EXPRESS WARRANTIES WITH RESPECT TO THE PRODUCT, AND DISCLAIMS ALL OTHER WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PRODUCTS SOLD BY COMPANY ARE SOLD ONLY TO THE SPECIFICATIONS SPECIFICALLY SET FORTH BY COMPANY IN WRITING. OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, COMPANY MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. COMPANY’S SOLE OBLIGATION UNDER THIS WARRANTY SHALL BE REPAIR OR REPLACEMENT OF NON-CONFORMING PRODUCTS, OR AT THE OPTION OF COMPANY, RETURN OF THE PRODUCT AND A REFUND OF THE PURCHASE PRICE. BUYER ASSUMES ALL RISK WHATSOEVER AS TO THE RESULT OF THE USE OF THE PRODUCTS PURCHASED, WHETHER USED SINGULARLY OR IN COMBINATION WITH ANY OTHER PRODUCTS OR SUBSTANCES.
Limitation of Liability
No claim by the buyer/owner of any kind, including claims for indemnification, shall be greater in amount than the purchase price of the Products in respect to which damages are claimed. IN NO EVENT SHALL COMPANY BE LIABLE TO BUYER/OWNER IN TORT, CONTRACT OR OTHERWISE, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE, STATUTORY, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE, LOSS OF TIME, LOSS OF REVENUES, INCONVENIENCE, LOSS BUSINESS OPPORTUNITIES, DAMAGE TO GOOD WILL OR REPUTATION, OR LOSS OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES COULD HAVE BEEN REASONABLY FORESEEN, IN CONNECTION WITH, ARISING OUT OF, OR AS A RESULT OF, THE SALE, DELIVERY, SERVICING, USE OR LOSS OF USE OF THE PRODUCTS SOLD HEREUNDER, OR FOR ANY LIABILITY OF BUYER TO ANY THIRD PARTY WITH RESPECT THERETO.
Any question concerning this warranty should be addressed to:
Atlanta Post Caps, LLC
Address: 4679 Hugh Howell Rd Suite G Tucker, GA 30084
Attention: Warranty Claim