(United States and U.S. Territories Only)
Gold Bond Building Products, LLC (“Seller”) warrants to the purchasers of its eXP® Shaftliner, and to the owner at the time of installation of any building on which such product is installed, that subject to the conditions and limitations set forth below:
- eXP® Shaftliner will at the time shipped by Seller be free from defects in material and workmanship that would make it unsuitable for its intended use (“Defects Warranty”); and
- eXP® Shaftliner will not deteriorate or delaminate as a result of exposure to normal weather conditions in areas of use and application for which the product is intended (“Exposure Warranty”).
The Defects Warranty will remain in effect until 5 years after the date the product is purchased by the contractor for purposes of installation.
The Exposure Warranty will remain in effect until 12 months after the date of installation of the product.
The warranties provided hereunder may not be transferred or assigned.
This warranty applies only if the following conditions are met:
- The installation methods are in accordance with applicable building codes and applicable written recommendations and specifications published by Seller;
- The product has been properly handled and stored at all times according to standard building practices, and has not been abused or used for an improper application;
- The problem with the product is not due to structural movement of the building; movement in, failure of or defects in materials to which the product is attached or which are attached to it; causes other than normal weather conditions, such as near gale or higher force winds, tornadoes, hail storms, hurricanes, floods, earthquakes or falling objects; immersion in water, or sustained pooling or cascading of water; or fire, vandalism, misuse or abuse; and
- The building on which the product is installed is maintained with reasonable care.
EXCLUSIONS AND LIMITATIONS
This warranty does not cover damage or claims to the extent arising from or relating to:
- Other manufacturers’ products used with eXP® Shaftliner;
- Mold, mildew, algae, fungus, or other conditions involving organic growth;
- Installation over structural or framing members that are or which become twisted, bowed, or otherwise distorted;
- Damage due to improper installation or building or system design;
- Installations in buildings that have not been maintained with reasonable care; or
- The performance of other materials installed with eXP® Shaftliner.
This Limited Warranty is the only warranty applicable to eXP® Shaftliner and IS IN LIEU OF AND EXCLUDES, AND SELLER DISCLAIMS, ALL OTHER WARRANTIES EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE NATURE OR THEORY OF THE CLAIM, OR FOR LOSS OF INCOME OR PROFITS, DAMAGE TO ANY STRUCTURE, CONTENTS OR OTHER PROPERTY, OR LOSS OF USE. Some states prohibit the exclusion or limitation of warranties or may not allow the exclusion or limitation of incidental or consequential damages, so the above disclaimers may not apply to you. This warranty gives you specific legal rights and you may also have other rights which will vary depending upon the state.
All claims under this warranty must be submitted in writing to National Gypsum Services Company d/b/a National Gypsum Company, authorized sales agent and service provider to Seller, within thirty (30) days from the time you discover a problem with eXP®Shaftliner. Include a brief description of the problem with photographs and copies of sales receipts, invoices, or other documents which may show the dates of purchase and installation. Mail this information to:
National Gypsum Company
5901 Carnegie Boulevard
Charlotte, NC 28209
Attn: Director, Quality Services R&D
If Seller determines that the product in question does not comply with this Limited Warranty, Seller will replace the product or, at its option and for product which has been installed, will provide reimbursement to cover costs of repair and replacement up to a maximum of two times the price paid for the product at the time of purchase for installation. Such price must be properly documented by the claimant. THIS REMEDY SHALL BE THE EXCLUSIVE REMEDY FOR ANY CLAIM HEREUNDER AND IS THE TOTAL LIABILITY OF SELLER FOR ANY CLAIM OF PROBLEMS OR DEFECTS WITH eXP® SHAFTLINER, WHETHER BASED ON THIS LIMITED WARRANTY OR ANY OTHER LEGAL THEORY, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY.
Issued January 2021