Limited Residential Warranty

Backyard America (hereinafter “BA”) warrants to the original residential purchaser (“Purchaser”) that, for a period of twenty-five (25) years from the date of original purchase, under normal residential use and service conditions,a Trex®Pergola™ shall be free from material defects in workmanship and materials, and shall not check, split, splinter, rot or suffer structural damage from termites or fungal decay. If a defect occurs within the warranty period, Purchaser shall notify BA in writing and, upon confirmation by an authorized BA representative of the defect, BA's sole responsibility shall be, at its option, to either replace the defective item or refund the portion of the purchase price paid by Purchaser for such defective item (not including the cost of its initial installation).

 

For purposes of this warranty, a “residential purchaser” shall refer to an individual residential homeowner at the time that the pergola is installed.

 

This warranty shall not cover and BA shall not be responsible for costs and expenses incurred with respect to the removal of defective BA products or the installation of replacement materials, including but not limited to labor and freight.

 

This warranty may be transferred one (1) time, within the five (5) year period beginning from the date of original purchase by the Purchaser, to a subsequent buyer of the property upon which the BA products were originally installed.

 

To make a claim under this limited warranty, Purchaser, or the transferee, shall send to BA, within the warranty period referred to above, a description of the claimed defect and proof of purchase, to the following address:

 

Backyard America

Warranty Claims

3300 Dill Smith Drive

Fredericksburg, VA 22408

 

BA does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation of BA products and/or failure to abide by BA's installation guidelines, use of BA products beyond normal residential use, or in an application not recommended by BA’s guidelines and local building codes; (2) movement, distortion, collapse or settling of the ground or the supporting structure on which BA products are installed; (3) any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mold, mildew, etc.), staining from foreign substances (such as dirt, grease, oil, etc.), or normal weathering (defined as exposure to sunlight, weather and atmosphere which will cause any colored surface to gradually fade, flake, chalk, or accumulate dirt or stains); (4) variations or changes in color of BA products; (5) improper handling, storage, abuse or neglect of BA products by Purchaser, the transferee or third parties; or (6) ordinary wear and tear.

 

No person or entity is authorized by BA to make and BA shall not be bound by any statement or representation as to the quality or performance of BA products

other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by BA and Purchaser.

 

UNDER NO CIRCUMSTANCES WILL BA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND BA’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. This warranty shall only be applicable and enforceable in the United States of America and Canada.

 

Limited Commercial Warranty

Backyard America (hereinafter “BA”) warrants to the original end-user commercial purchaser (“Purchaser”) that, for a period of ten (10) years from the date of original commercial purchase, under normal commercial use and service conditions, a Trex®Pergola™shall be free from material defects in workmanship and materials, and shall not check, split, splinter, rot or suffer structural damage from termites or fungal decay. If a defect occurs within the warranty period, Purchaser shall notify BA in writing and, upon confirmation by an authorized BA representative of the defect, BA’s sole responsibility shall be, at its option, to either replace the defective item or refund the portion of the purchase price paid by Purchaser for such defective item (not including the cost of its initial installation).

 

For purposes of this warranty, a “commercial purchaser” shall refer to any purchaser other than an individual residential homeowner.

 

This warranty shall not cover and BA shall not be responsible for costs and expenses incurred with respect to the removal of defective BA products or the installation of replacement materials, including but not limited to labor and freight.

 

This warranty may be transferred to subsequent buyers of the property upon which the BA products were originally installed.

 

To make a claim under this limited warranty, Purchaser, or any transferee, shall send to BA, within the warranty period referred to above, a description of the claimed defect and proof of purchase, to the following address:

 

Backyard America

Warranty Claims

3300 Dill Smith Drive

Fredericksburg, VA 22408

 

BA does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any condition attributable to: (1) improper installation

of BA products and/or failure to abide by BA’s installation guidelines, including but not limited to use of BA products beyond normal commercial use, or in an application not recommended by BA's guidelines and local building codes; (2) movement, distortion, collapse or settling of the ground or the supporting structure on which BA products are installed; (3) any act of condition (such as air pollution, mold, mildew, etc.), staining from foreign substances (such as dirt, grease, oil, etc.), or normal weathering (defined as exposure to sunlight, weather and atmosphere which will cause any colored surface to gradually fade, flake, chalk, or accumulate dirt or stains); (4) variations or changes in color of BA products; (5) improper handling, storage, abuse or neglect of BA products by Purchaser, any transferee or third parties; or (7) ordinary wear and tear.

 

No person or entity is authorized by BA to make and BA shall not be bound by any statement or representation as to the quality or performance of BA products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by BA and Purchaser.

 

UNDER NO CIRCUMSTANCES WILL BA BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND BA’S LIABILITY WITH RESPECT TO EFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE.

 

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. This warranty shall only be applicable and enforceable in the United States of America and Canada