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Deck & Railing Warranty Information
Choose One For Manufacturer Warranty: Bufftech | Blackline
Blackline Warranty
BLACKLINE™ FENCE PRODUCTS, INC.’S
LIFETIME TRANSFERABLE LIMITED WARRANTY
15801 Pacific, Omaha, NE 68118
What and who is covered and for how long:
Blackline™ Fence Products, Inc. (hereinafter referred to as “Blackline Fence”), warrants its fence, railing, and specialty products, subject to the conditions and limitations listed herein, to be free from defective workmanship and materials, and, except as limited hereinafter, these products are, when subject only to normal and proper use, further warranted against surface peeling, rot, ground insects, splitting, corrosion, flaking, rusting, blistering, abnormal weathering, abnormal deformation or abnormal discoloration under conditions of normal use and service. Blackline Fence warrants only those products manufactured by Blackline Fence. Any mixing of non-Blackline Fence profiles, design changes, other than merely to the spacing of pickets, and/or design changes not approved by Blackline Fence in writing and in advance will invalidate this Lifetime Warranty, and the Lifetime Warranty extends only to the original purchaser unless the Lifetime Warranty is transferred according to terms specified herein. This Lifetime Warranty does not cover any labor costs. This Lifetime Warranty does not cover any damage(s), defect(s), or other problem(s) or consequence(s) directly or indirectly resulting from the assembly, handling, shipping or installation by one or more businesses or individuals other than Blackline Fence itself. “Normal weathering” is defined as the gradual, normal, or limited fading, chalking and/or dirt/stain accumulation that most colored surfaces experience as a result of exposure to sunlight, wind, dirt, and atmospheric conditions. “Normal and proper use” is defined as adequately maintaining the Blackline Fence products, using said fence products only for the purposes and in the way(s) which such particular fencing products are normally used, and not exposing the fence products involved to higher amounts of ultraviolet rays, chemicals, salt, corrosive agents and/or harmful atmospheric conditions than are average for the United States, considered as a whole.
The lifetime coverage of this warranty is designed to cover individual homeowners only. In the instance of Blackline fence, railing, or specialty products purchased by or installed upon the property owned by, for example, a corporation or other business, government agency, partnerships, trust, religious organization, school, condominium or cooperative housing arrangement, or installed on or around apartment buildings or any other type of building or premises not used by individual homeowners as their individual residence, the Lifetime Warranty period will be thirty (30) years following the purchase of the Blackline Fence product. If a Blackline Fence product sold to one of Blackline Fence’s dealers or customers is proved to be defectively made either as to its materials or the workmanship involved in making the Blackline Fence product, Blackline Fence will, at its option, pay for the materials needed to repair the defective product, make available a replacement product that is not defective or reimburse the customer for the price that the customer paid for the part that was proven to be defective.
Other Exclusions:
This Lifetime Warranty does not apply to Blackline Fence products sold “as is” or “with all faults.” Blackline Fence shall
not be liable for and this Lifetime Warranty does not apply to normal weathering, cosmetic damage and/or modest
appearance differences. Blackline Fence also is not liable for and this Lifetime Warranty does not apply to any
failure(s), defect(s) or damage(s) resulting from or connected with the following:
A. Act(s) of God, war, terrorism, vandalism, accident(s), misuse, abuse, and/or intentional acts or
negligence by anyone other than a Blackline Fence employee;
B. Painting or treating the surface of a Blackline Fence product with anything other than treatments
approved by Blackline Fence;
C. Impact with foreign objects; exposure to chemical, salt, fire, excessive heat and/or air pollutants;
improper maintenance or modification; movement, distortion, collapse or settling of any ground,
substance or structure on which the Blackline Fence products were installed; any other exclusion
mentioned in this Lifetime Warranty; and/or discontinuation of products including but not limited to
colors;
D. Any product not manufactured by Blackline Fence, and/or any installation, repair or adjustment
regarding these products; and
E. Any product that is covered under a separate written Lifetime Warranty issued by Blackline Fence or
anyone else, except for the FIRST FIVE FREE PROTECTION PLAN of Blackline Fence Products
Inc.
Warning:
Blackline Fence and its employees are not qualified to approve, recommend or advise as to the suitability of this product for all possible end use applications. Your local code authority or fire marshal’s office should be consulted regarding safety for particular intended uses. The three- and four-rail designs of Blackline Fence’s ranch rail fences are designed to contain animals, but like other building materials, Blackline Fence Products cannot be expected to contain a horse, bull or other large animal that chooses to break the fence enclosing it. Therefore, Blackline Fence makes no representation about, and does not warrant against, such an occurrence. Blackline Fence does not authorize any dealer, field representative or anyone other than its president to make any change(s) whatsoever to this Lifetime Warranty, and no change granted by Blackline Fence’s president will be valid or enforceable until after such change is approved in writing by the President of Blackline Fence.
Registration of Lifetime Warranty:
The attached Lifetime Warranty registration card must be completed, signed by the original purchaser and the installing contractor, and returned to Blackline Fence within thirty (30) days after completion of installation of products in order for purchaser to be eligible for coverage under this Lifetime Warranty .
Transfer of Lifetime Warranty:
This Lifetime Warranty is transferable by the original owner to any subsequent individual owner of its property on a prorated basis from the original date of installation if, but only if, Blackline Fence receives a written request of transfer, proof of the original purchase, and a $100 transfer fee paid to Blackline Fence within thirty (30) days from the date of real estate title transfer. Failure to timely and fully comply with this Lifetime Warranty transfer procedure will cancel the Lifetime Warranty and relieve Blackline Fence of any further obligation under this Lifetime Warranty. In the event of transfer of the Lifetime Warranty as provided above, the Lifetime Warranty period will be prorated as follows: During the first fifteen (15) years after the date of original purchase of the product, Blackline Fence will, at its option, make a replacement product available or refund the original cost of the product proved to be defective based on the original customer’s receipt showing proof of the Blackline Fence product proved to be defective, the price paid and the date purchased. Under no circumstance will Blackline Fence pay more than Blackline Fence’s list price (for the product that proved to be defective) at the date of purchase. Beginning in the 16 th (sixteenth) year through the 28 th (twenty-eighth) year, Blackline Fence’s responsibility will decrease by 5% per year until at the end of the 28 th (twenty-eight) year when Blackline Fence’s responsibility will be limited to 10% of the original cost of material based on Blackline Fence’s list price at the date of purchase for the remaining Lifetime Warranty period. The Lifetime Warranty period shall not be extended by any repairs or replacement.
Claims and Remedies:
A claim under this Lifetime Warranty must be reported in writing, with proof of purchase, to Blackline Fence Products, Inc. 15801 Pacific, Omaha, NE 68118, within thirty (30) days of the date that the defect is first discovered or reasonably could have been discovered. A reasonable time should be allowed for inspection purposes, or at Blackline Fence’s option, for the defective product to be shipped to our premises freight prepaid by purchaser for examination of the allegedly defective product. Blackline Fence shall be the sole judge of whether or not the fencing is defective and whether the defect is due to manufacturing defects. If, after its inspection, Blackline Fence determines the customer’s claim is valid according to the terms of this warranty, then Blackline Fence will, at its option, replace the product section or part that proved to be defective, or refund the original cost of said defective part. This Lifetime Warranty does not cover the cost of installation of any defective products or the cost of installation of any replacement product furnished under the terms of the Lifetime Warranty. The foregoing express warranty excludes all other warranties, express or implied, including any warranty of fitness for a particular purpose, or of merchantability. No incidental or consequential damages will be paid. No statement, remark, agreement, representation, promise or understanding, oral or written, made by Blackline Fence or any agent thereof, which is not specifically contained or authorized herein, will be recognized by Blackline Fence. For consumer purchases, implied warranties of merchantability and fitness for a particular purpose are excluded only where such exclusions are permitted by law. This Lifetime Warranty gives specific rights and there may also be other legal rights which vary from state to state. By acceptance and use of this product, purchaser agrees that Blackline Fence’s liability and the purchaser’s exclusive remedy for breach of any warranty shall be limited in all events in accordance with the conditions, limitations and exclusions stated in this Lifetime Warranty. Unless otherwise stated, all written communication to Blackline Fence Products. Inc. should be sent to Blackline Fence’s address stated near the top of page one of this Lifetime Warranty. This Lifetime Warranty is the only Lifetime Warranty granted by Blackline Fence. This Lifetime Warranty cannot be modified except by a written modification signed by the President of Blackline Fence Products, Inc. This Lifetime Warranty shall be construed in accordance with the laws of the state of Nebraska in the United States of America.
Revised: November 1, 2004
Please complete bottom portion and send to:
BLACKline ™ Fence Products, Inc.
15801 Pacific Street Omaha, NE 68118
Dealer Name Customer Name
Address Address
City, State, Zip Phone Number
Fence Style: Revised November 1, 2004
BLACK line ™ Fence Products, Inc .
First Five Free Protection Plan
Material and Labor Limited Warranty
LIMITED WARRANTY : In addition to its Lifetime Transferable Limited Warranty, BLACKline ™ Fence Products, Inc. (hereinafter referred to as “Blackline”), warrants its products for five years with a Material and Labor Limited Warranty, under the First Five Free Protection Plan. This Limited Warranty and Blackline’s Lifetime Transferable Limited Warranty are the only warranties available from Blackline. Blackline warrants its fencing and railing products, when installed in conformity with Blackline’s instructions, and shop drawings and use under normal conditions as follows:
Component Protection Coverage: Blackline warrants its fencing and railing products against surface peeling, rotting, splitting, corrosion, flaking, rusting, blistering, abnormal weathering, abnormal deformation or abnormal discoloration under conditions of normal atmospheric weather conditions use and service. “Normal weathering” and “normal and proper use” as defined in our “LIFETIME TRANSFERABLE LIMITED WARRANTY,” shall have the same meanings herein. Individual residential homeowners, city and government agencies, partnerships, trusts, religious organizations, schools, condominiums of cooperative housing arrangements, or apartment buildings or any type of building or premises used by residential or commercial properties, are warranted hereunder for five (5) years from the date of installation of the product.
REMEDY: Blackline will, at its sole option, repair or replace, at its expense, any material Blackline determines to be defective and subject to the Limited Warranty set forth above. Blackline’s sole responsibility hereunder is to repair damaged product or provide replacement material free of charge, including labor costs, to purchasers referred to in the Limited Warranty. Blackline reserves the right to refund the purchase price to the purchaser, and in the event that Blackline elects to do so, such refund shall be the purchaser’s sole and exclusive remedy. Blackline reserves the right to change, discontinue, or alter any of its products, or the parts incorporated into any of its products, at its sole discretion without notice. If any product, part, or component subject to this Limited Warranty is not available at the time of any claim by the purchaser under this Limited Warranty, Blackline reserves the right to submit another part or component that is in its sole discretion of equal quality or value.
EXCLUSIONS: This Limited Warranty covers defects in the materials and manufacture only. It does not cover failure(s), damage(s), or defect(s) resulting from any of the following: improper or faulty installation; damage caused by impact, vandalism, fire, hail, wind, flood, lightning, or other acts of God; settlement or soil movement; structural settlement or failure of any structure on which the product is installed; improper care of any structure on which the product is installed; normal and expected weathering of the surface, chalking, and mildew as outlined in ASTM Specifications F964-94; or exposure to harmful chemicals or metal oxides, acid rain and surface discoloration due to atmospheric pollution. This Limited Warranty does not cover normal, uniform fading and discoloration due to exposure to normal atmospheric conditions and weather (which may vary according to geographic location). Notwithstanding the preceding, the product is warranted against abnormal discoloration, including uneven or excessive fading or yellowing, when used under normal atmospheric and weather conditions. DISCLAIMER AND LIMITATION OF LIABILITY: EXCEPT AS STATED HEREIN, THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND SHALL BE LIMITED TO THE DURATION SET FORTH IN THIS LIMITED WARRANTY. In no event shall Blackline be liable for consequential or incidental damages of any kind including any damage to any building, its contents or any person or property therein. This Limited Warranty gives the purchaser specific legal rights, and the purchaser may also have other rights, which vary from state to state.
Registration of Limited Warranty : The attached Limited Warranty registration card must be completed, signed by the original purchaser and the installing contractor, and returned to Blackline within thirty (30) days after completion of installation of products in order for purchaser to be eligible for coverage under this Limited Warranty.
WARRANTY PROCEDURES AND CLAIMS: Keep this Limited Warranty and your original purchase contract in a safe place. In the event you feel your Blackline Product may have a manufacturers defect, state the nature of your complaint with as much detail as possible, provide a copy of your warranty and purchase contract (with date of purchase), and provide pictures of the defective product. Blackline must have a reasonable opportunity to inspect the product in question and may require additional information and/or samples. Please forward all claims to:
BLACKline Fence Products Inc.
15801 Pacific Street
Omaha, NE 68118
Dealer Name: _______________________________________________________
Original Homeowner: _________________________________________________
Address where installed:________________________________________________
City:__________________________ State: ________________ Zip:____________
Date of Installation: ________________/__________________/________________
November 1, 2004
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