Action Rain Gutters Products Warranty.
Action Rain Gutters hereby issues the following Limited Lifetime Coating Warranty (Limited Warranty) exclusively to the original Owner/Client of materials installed by Action Rain Gutters with coated steel or aluminum gutters, downspouts and rain carrying accessories subject to the terms and conditions listed below. During the lifetime of the Owner/Client, and as long as Owner/Client owns the building or structure on which the material is installed, Action Rain Gutters warrants that the paint on the material will not:
(a) Peel, check, chip or crack. These terms shall not mean alterations to the paint as a result of exposed raw edges, embossing, end cutting, cut edge exposure or such crazing or slight cracking as may occur on tightly roll-formed edges or brake-bends.
(b) Fade or change color in excess of five (5) units of color difference (Hunter) calculated in accordance with ASTM D2244. The color change is measured on an exposed painted surface that has been cleaned of surface soils and chalks and then compared to corresponding values measured on the original or unexposed coated surface. Fading and color changes may not be uniform, depending on sun and atmospheric exposure, and Action Rain Gutters does not warrant that color changes will be uniform.
(c) Chalk or oxidize in excess of a numerical rating of eight (8) when properly maintained as described herein as measured in accordance with the standard procedures specified in ASTM D-659. Remedy The sole and exclusive remedy under this Limited Warranty shall be one of the following to be chosen in Action Rain Gutters sole discretion: repair, recoating, refinishing or replacement of defective material.
The term replacement includes labor costs of material removal, fabrication or installation. Any repair, recoating, refinishing or replacement is completely free of charge; Action Rain Gutters will not pay or otherwise be responsible for, any costs associated with or related to anything else affixed to the material, including, but not limited to, solar panels or television antennas, without its written consent prior to installation. Any repair, recoating, refinishing or replacement will not restart the warranty period. If repair, recoating, refinishing or replacement is not practical, Action Rain Gutters may elect, at its sole option, to refund the original purchase price of the material paid to Action Rain Gutters.
Action Rain Gutters does not warrant material that is in contact with, or subject to, runoff from lead, copper, pressure-treated, green or wet lumber or wet insulation. Action Rain Gutters does not warrant material which has been modified without Action Rain Gutters express written approval, which has been improperly used or applied, or which has been painted after Action Rain Gutters has completed the job. This Limited Warranty does not extend to material installed within one thousand (1,000) feet from salt water unless Owner/Client performs biannual maintenance of the material in the form of a sweet water rinse (tap water). The Owner/Client is required to keep records of such maintenance for the Limited Warranty to be enforceable, and this maintenance is to be documented with written reports and date-stamped pictures.
For any claim arising after the 10th year from date of installment, Action Rain Gutters will pay or refund only a portion of the repair, recoating, refinishing, replacement or purchase price paid to Action Rain Gutters based on the prorated basis below. This is the only remedy for defective Materials.
Year after purchase Maximum warranty coverage available:
1 through 10 100%
11 through 15 50%
16 through 20 25%
21 through lifetime 10%
Year after purchase Maximum warranty coverage available:
1 through 10 100%
11 through 15 50%
16 through 20 25%
21 through lifetime 10%
THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ACTION RAIN GUTTERS HEREBY DISCLAIMS ALL SUCH WARRANTIES. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THIS LIMITED WARRANTY ALSO SUPERSEDES AND IS IN LIEU OF ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN CONTRACT OR TORT, WHETHER OR NOT ARISING FROM ACTION RAIN GUTTERS NEGLIGENCE, ACTUAL OR IMPUTED, OR STRICT LIABILITY. THIS LIMITED WARRANTY SHALL BE OWNER/CLIENTS SOLE AND EXCLUSIVE REMEDY AGAINST ACTION RAIN GUTTERS ARISING OUT OF OR RELATED TO THE MATERIAL OR THE ORDER OR DELIVERY OR INSTALLATION OF THE MATERIAL. UNDER NO CIRCUMSTANCES SHALL ACTION RAIN GUTTERS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION LOSSES OR LOST USE OF THE BUILDING OR ITS CONTENTS, EVEN IF ACTION RAIN GUTTERS HAS RECEIVED NOTICE OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. OWNER/CLIENT SPECIFICALLY WAIVES THE RIGHT TO ATTORNEYS FEES, INCLUDING ANY CLAIM FOR ATTORNEYS FEES PURSUANT TO CHAPTER 38 OF THE CALIFORNIA CIVIL PRACTICE AND REMEDIES CODE, ANY OTHER STATUTE OR THE COMMON LAW. ACTION RAIN GUTTERS TOTAL LIABILITY FOR ANY AND ALL CLAIMS OF ANY KIND (WHETHER BASED ON CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR RELATING TO THE MATERIAL OR THE ORDER OR DELIVERY OR INSTALLATION OF THE MATERIAL SHALL NOT EXCEED THE ORIGINAL PURCHASE PRICE OF THE MATERIAL AND/OR INSTALLATION PAID TO ACTION RAIN GUTTERS. IN THE EVENT THAT OWNER/CLIENT AND ACTION RAIN GUTTERS DO NOT RESOLVE THE DISPUTE, CONTROVERSY OR CLAIM IN MEDIATION, ANY ACTION, PROCEEDING OR LAWSUIT ARISING OUT OF OR RELATED TO THIS LIMITED WARRANTY MUST BE BROUGHT SOLELY AND EXCLUSIVELY IN THE STATE OR FEDERAL COURTS OF SAN JOAQUIN COUNTY OF CALIFORNIA. VENUE IS IMPROPER IN ANY OTHER JURISDICTION. BY ACCEPTING THIS LIMITED WARRANTY, OWNER/CLIENT IRREVOCABLY CONSENTS TO THE JURISDICTION AND EXCLUSIVE VENUE OF THE ABOVE-IDENTIFIED COURTS.
Action Rain Gutters shall have no obligation under this Limited Warranty unless Action Rain Gutters has been paid in full for all material and installation covered by this warranty. In no event will the original warranty period be extended by a warranty claim. The warranty for any repaired or replaced material shall only be for the remainder of the original warranty period applicable to the Owner/Client. This Limited Warranty is extended only to the original Owner/Client and shall not inure to the benefit of any other party. This Limited Warranty is non-transferrable and non-assignable. All written notices given under this Limited Warranty shall be either personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested, to Action Rain Gutters, 1304 Higton St. Manteca, CA 95336. To be effective, Owner/Clients notice shall include such records as will enable Action Rain Gutters to establish the Action Rain Gutters invoice number and the date and address of installation.
PARTIES AND SCOPE OF WORK
Action rain gutters (hereafter called “Contractor”), shall mean the company performing the Work. “Work” means the installation of new rain gutters, downspouts and/or accessories to be performed by the Contractor as set forth on the front of this agreement or in any agreement between the Contractor and client. “Client” refers to the person(s) or business entity ordering the work to be done by the Contractor and shall be responsible for the payment thereof. If the Client is ordering the work on behalf of another, the Client represents and warrants that the Client is the duly authorized agent of the said party for the purpose of ordering and directing said work. Unless otherwise stated in writing, the Client assumes sole responsibility for determining whether the nature of the work ordered by the Client is adequate and sufficient for the Owner/Clients intended purpose. The Contractor can not make decisions on details such as rain gutter and downspout styles, different materials or color to be installed. Under no circumstances shall the Client request the Contractor make said decision. The Client must inform the Contractor of said rain gutter or downspout styles, materials or color to be used as soon as possible so materials can be ordered. The contractor does not guarantee the colors will match the existing color of the building.
Changes
Unless otherwise specified in writing, the price for the work is based on the understanding that all structural members and other components are in fact in sound condition Contractor may advise the Client of any unforeseen conditions which may be discovered during the course of the installation. Client agrees to pay Contractor additional compensation based upon the Contractor’s normal rates. All change orders will be in writing and signed by both Contractor and Client, and shall be incorporated in, and become part of the contract. Client agrees that the Contractor has the right to substitute materials with equal or superior quality materials should the materials listed in the description of the work become unavailable for any reason. The contractor has the right to make such substitution without notice to or permission from the Client.
WARRANTY
All work shall be completed in a workmanlike manner and in compliance with all codes and other applicable laws. All work shall be performed by individuals duly licensed and authorized by law to perform said work. Contractor agrees to clean up all debris and leave premises in the same condition before work began. Contractor guarantees all labor committed in the installation of the rain gutters and downspouts for one year after the completion date of work performed. The manufacturer has a limited lifetime warranty on materials and shall be given to Client after payment has been made in full. All warranties are void if sums due to the contractor are not paid in full, or if unauthorized service, alterations or adjustments have been made to any of the work by a different company.
LIMITATION OF LIABILITY
Contractor shall not be liable for damages or delays including but not be limited to fire, flood, strike, third parties, acts of God, acts of terrorism, weather, general unavailability of materials or by any other circumstances which are beyond the control of the contractor. In the event Client desires to make any claim against Contractor, Client shall provide Contractor with written notice of the claim within seven days from the date Client, or its agents first discover the claims or the same shall be barred. Any claims against Contractor brought on this contract or in any way arising out of this contract must be filed within one year from the time the cause of action accrued or it shall be time-barred. Under no circumstances shall any employee, stockholder, officer or agent of Contractor have any individual liability to the Client, Notwithstanding the aforesaid, in the event, any judgment is entered against any such individual, Client agrees to look exclusively to the assets of the Contractor for the satisfaction of the said judgment.
Contractor shall not be liable for damages or delays including but not be limited to fire, flood, strike, third parties, acts of God, acts of terrorism, weather, general unavailability of materials or by any other circumstances which are beyond the control of the contractor. In the event Client desires to make any claim against Contractor, Client shall provide Contractor with written notice of the claim within seven days from the date Client, or its agents first discover the claims or the same shall be barred. Any claims against Contractor brought on this contract or in any way arising out of this contract must be filed within one year from the time the cause of action accrued or it shall be time-barred. Under no circumstances shall any employee, stockholder, officer or agent of Contractor have any individual liability to the Client, Notwithstanding the aforesaid, in the event, any judgment is entered against any such individual, Client agrees to look exclusively to the assets of the Contractor for the satisfaction of the said judgment.
This Limited Warranty does not extend to or cover damage caused by or as a result of:
(a) improper handling, contamination, modification by any party other than Action Rain Gutters after installation;
(b) improper forming, fabrication or cutting of the material by any party other than Action Rain Gutters ;
(c) improper handling, scratching or abrading after installation;
(d) mechanical damage or edge corrosion;
(e) damage or leaks due to an inadequate or improper built-in drainage system which allows standing water that was not installed by Action Rain Gutters;
(f) improper or deficient cleaning or maintenance, including, but not limited to, the use of high-pressure washing systems;
(g) any external contaminant or condition, including, but not limited to, chemical fumes, salt spray, animals, animal waste, vegetation, dirt, gravel or metal debris;
(h) deterioration or failure of building components, including, but not limited to, the roof substrate, walls, mortar, HVAC units or walkways, movement or settlement of the building;
(i) condensation or infiltration in, through, or around the walls, copings, rooftop, flashing, hardware or equipment, building the structure or underlying or surrounding materials;
(j) additions, alterations or repairs that are not performed by Action Rain Gutters;
(k) reactions due to dissimilar metals;
(l) natural disasters or acts of nature, including, but not limited to, winds in excess of 55 MPH, fires, hurricanes, tornadoes, hail, wind-blown debris, lightning, earthquakes, volcanic activity, atomic radiation, insects, animals or animal droppings;
(m) any act, conduct or omission by any person other than Action Rain Gutters or action caused by the negligence of any person other than Action Rain Gutters; or
(n) act(s) of war, terrorism or vandalism.
(a) improper handling, contamination, modification by any party other than Action Rain Gutters after installation;
(b) improper forming, fabrication or cutting of the material by any party other than Action Rain Gutters ;
(c) improper handling, scratching or abrading after installation;
(d) mechanical damage or edge corrosion;
(e) damage or leaks due to an inadequate or improper built-in drainage system which allows standing water that was not installed by Action Rain Gutters;
(f) improper or deficient cleaning or maintenance, including, but not limited to, the use of high-pressure washing systems;
(g) any external contaminant or condition, including, but not limited to, chemical fumes, salt spray, animals, animal waste, vegetation, dirt, gravel or metal debris;
(h) deterioration or failure of building components, including, but not limited to, the roof substrate, walls, mortar, HVAC units or walkways, movement or settlement of the building;
(i) condensation or infiltration in, through, or around the walls, copings, rooftop, flashing, hardware or equipment, building the structure or underlying or surrounding materials;
(j) additions, alterations or repairs that are not performed by Action Rain Gutters;
(k) reactions due to dissimilar metals;
(l) natural disasters or acts of nature, including, but not limited to, winds in excess of 55 MPH, fires, hurricanes, tornadoes, hail, wind-blown debris, lightning, earthquakes, volcanic activity, atomic radiation, insects, animals or animal droppings;
(m) any act, conduct or omission by any person other than Action Rain Gutters or action caused by the negligence of any person other than Action Rain Gutters; or
(n) act(s) of war, terrorism or vandalism.
Investigation
Action Rain Gutters has no obligations under this Limited Warranty unless and until Action Rain Gutters has been allowed a reasonable opportunity to inspect and, if necessary, repair said area in question.
Action Rain Gutters has no obligations under this Limited Warranty unless and until Action Rain Gutters has been allowed a reasonable opportunity to inspect and, if necessary, repair said area in question.
Modification, Waiver, and Severability
This Limited Warranty cannot be amended, altered or modified in any way except in writing signed by an authorized officer of Action Rain Gutters. No other person has any authority to bind Action Rain Gutters with any representation or warranty whether oral or written. Action Rain Gutters failure to enforce any of the terms or conditions stated herein shall not be construed as a waiver of any such condition or of any other term of this Limited Warranty. If any portion of this Limited Warranty is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
This Limited Warranty cannot be amended, altered or modified in any way except in writing signed by an authorized officer of Action Rain Gutters. No other person has any authority to bind Action Rain Gutters with any representation or warranty whether oral or written. Action Rain Gutters failure to enforce any of the terms or conditions stated herein shall not be construed as a waiver of any such condition or of any other term of this Limited Warranty. If any portion of this Limited Warranty is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force.
