Limited warranty coverage
Custom Exterior Innovation Incorporated warrants that the installation of the products will be free from defects in the performance of their functions from the date of installation of the product for a period of five (5) years thereafter. Custom Exterior Innovation Incorporated agrees to repair or replace, at no cost to the Owner(s), any defective workmanship and any damage caused by faulty replacement and/or improper installation performed by Custom Exterior Innovation Incorporated or persons contracted by Custom Exterior Innovation Incorporated for a period of five (5) years after completion. This warranty is in lieu of any implied warranty of the builder as provided by statutory or case law of the State of Oregon.
Custom Exterior Innovation Incorporated is not responsible for defects in products covered by the manufacturer’s warranty, but will assume responsibility for correcting improper installation of such products. In no event will Custom Exterior Innovation Incorporated provide a warranty on installed products.
Upon proper written notice of any alleged defect in workmanship as set forth below, Custom Exterior Innovation Incorporated shall have the right to inspect the areas involved to determine the cause of the alleged defects. If it is determined that the alleged defect is covered by this Limited Workmanship Warranty, Custom Exterior Innovation Incorporated shall make the necessary repairs at Custom Exterior Innovation Incorporated’s expense. Repair of the defect by Custom Exterior Innovation Incorporated is the sole and exclusive remedy available to the Owner(s).
Custom Exterior will not reimburse and/or pay any costs in connection with the repair of any alleged defect if said repair is performed by any entity and/or individual other than Custom Exterior Innovation Incorporated.
Terms of the limited Warranty for the quality of work performed
Custom Exterior Innovation Incorporated’s liability to the Owner is governed by the following terms and conditions:
(A) Owner must provide proof that it is the Owner covered by this Limited Workmanship Warranty;
(B) The Owner shall notify Custom Exterior Innovation Incorporated in writing of any alleged defects that need to be repaired or corrected. Owner must give notice within thirty (30) days of discovery of the alleged defects and prior to any permanent repair being made by Owner or any other organization and/or person. The notice shall describe the location and details of the alleged defects and such information as is necessary for Custom Exterior Innovation Incorporated to investigate the claim.
(C) Upon discovery of any unforeseeable defects covered by this Act, the Owner shall immediately, at its own expense, take care to protect all property that may be affected until the defects are repaired.
Exclusions
Custom Exterior Innovation Incorporated is not responsible for damage caused by fire, wind, or other natural causes, unless the damage can be attributed to Custom Exterior Innovation Incorporated installation. Custom Exterior Innovation Incorporated is not responsible for damage to items that have been abused, neglected, misused, or otherwise intentionally damaged by the owner (e.g., clogged drain tiles can cause leaks; connecting outdoor hoses to outdoor faucets during cold weather can cause water pipes to burst upon thawing). Custom Exterior Innovation Incorporated is not responsible for repairs or alterations made by anyone other than Custom Exterior Innovation Incorporated, reinforcement or structural movement, movement of materials to which installed products are attached, damage from improper structural design, acts of God including but not limited to hurricanes, tornadoes, floods, earthquakes, severe weather or other natural phenomena, or failure of the Owner to properly maintain the installed product. All live plants, including turf, require immediate maintenance by the owner and therefore are not warranted by Custom Exterior Innovation Incorporated. Custom Exterior Innovation Incorporated is not responsible for splitting, cracking or warping of treated wood.
Settlement of claim(s)
Any repairs made by Custom Exterior Innovation Incorporated pursuant to this Warranty shall constitute a complete settlement and release of all claims of any Owner covered by this Agreement for damages or other relief and shall be a complete bar to any legal proceeding subsequently brought prior to the acceptance of such agreement by the Owner covered by this Warranty.
THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, STATUTORY OR OTHERWISE, EXPRESS OR IMPLIED, ALL REPRESENTATIONS MADE BY CUSTOM EXTERIOR INNOVATION INC. AND ALL OTHER OBLIGATIONS OR LIABILITIES WITH RESPECT TO THE HOME AND/OR STRUCTURE COVERED BY THIS WARRANTY. THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY, AND CUSTOM EXTERIOR INNOVATION INC. ‘S OBLIGATIONS SHALL NOT EXCEED ITS OBLIGATIONS SET FORTH IN THIS WARRANTY.
This warranty is not transferable.
