American Choice Railing & Fencing LLC Non-Prorated Limited Warranty
Who and What are covered by this Warranty
American Choice warrants to the original purchaser/homeowner its vinyl railing products will be free from manufacturing defects for 20 years. The warranty will take effect upon final installation date of product(s) and does not include workmanship performed by American Choice.
Should any defect occur during the warranty period, American Choice will repair or replace, at its option, the defective railing products. In lieu of repair or replacement, American Choice also reserves the right to refund the amount paid by the original owner for the American Choice railing product and such refund shall fully discharge all obligations and liabilities of American Choice under this warranty.
In no event shall American Choice be liable or responsible for labor charges or other expenses arising from or pertaining to the removal or installation of either the original or replacement product.
Should American Choice repair or replace a defective product under the terms of this warranty, the original warranty shall apply to the repaired or replaced railing product, and will extend for the balance of the warranty period in effect at the time the material proved defective.
This warranty automatically terminates upon the sale of the property or death of the last of individuals to own the property at the time of installation.
This warranty does not apply to or provide against any failure, defect or damage resulting from events or conditions that are beyond normal exposure or customary usage, including, but not limited to: misuse, abuse, neglect or improper handling or storage; improper installation; use of accessories or other products which do not properly receive and/or secure American Choice railing products; impact of foreign objects, fire, earthquake, flood, lightning, hail, hurricane, tornado or other casualty or act of God; movements, distortion, collapse or settling of the ground or structure on which the railing product is installed; damage by horses or other large animals that may impact fence in which they are enclosed; discoloration or other damage caused by air pollution (including but not limited to metal oxides or metallic particles), mildew, exposure to harmful chemicals or normal weathering from the elements; or any other cause not involving manufacturing defects in the material supplied by American Choice; and
Normal weathering is defined as exposure to sunlight and extremes of weather and atmosphere, which will cause any colored surface to gradually fade, chalk, or accumulate dirt or stains. The severity of any condition depends on the geographical location of the railing products, the cleanliness of the air in the area and many other influences over which American Choice has no control. American Choice shall have sole discretion to determine, based on reasonable criteria, whether the railing products is suffering from normal weathering.
This warranty does not apply to any railing product which has been painted, varnished or on which any other substance has been applied over the manufacture’s original finish.
The homeowner/purchaser acknowledges and agrees that American Choice may, without notice to the homeowner/purchaser, discontinue or modify any of its products, including, without limitation, the style, size or color. American Choice shall not be liable in the event replacement material varies from the original product. If homeowner replaces any material under this warranty, it may substitute products designated by American Choice to be of comparable quality or price range in the event the product initially installed has been discontinued or modified.
Transferability of the Warranty
This warranty is not transferable, with the exception of the following circumstances: This warranty may be transferred only by the original homeowner/purchaser and only on one occasion, upon compliance with the following requirements. Within thirty (30) days from the date of the transfer of the real property, the original homeowner/purchaser shall deliver to American Choice (i) a written request for transfer of the warranty, (ii) proof of the original purchase of the American Choice products, and (iii) a $100 transfer fee payable to American Choice. Failure to comply timely with each of the foregoing requirements will terminate this warranty and relieve American Choice of any further obligation or liability under this warranty. Time is of the essence. During the first ten (10) years after the date of original installation of the products, a duty transferred warranty shall remain in full force and effect as to all products covered thereby. After such ten (10) year period, American Choice responsibility and liability under a duly transferred warranty shall decrease by five percent (5%) per year. At no time, however, shall American Choice’s responsibility under this warranty for railing products be less than ten percent (10%) of the original homeowner/ purchaser’s original purchase price for the material.
THIS WARRANTY REPLACES, SUPERSEDES AND EXCLUDES ALL OTHER WARRANTIES, ORAL, WRITTEN OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL AMERICAN CHOICE BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO THE BUILDING, ITS CONTENTS OR ANY PERSON THEREIN RESULTING FROM THE BREACH OF THIS WARRANTY. AMERICAN CHOICE DOES NOT AUTHORIZE ITS FIELD REPRESENTATIVE, DISTRIBUTORS OR DEALERS TO MAKE ANY CHANGE OR MODIFICATION TO THE WARRANTY. SOME STATES DO NOT ALLOW LIMITATIONS ON, OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
This warranty gives you specific legal rights, and you may also have other rights that may vary from state to state.
What the Customer Must Do
The homeowner/purchaser must promptly notify American Choice in writing of any manufacturing defect and provide proof of the date of purchase and installation, as well as proof of property ownership. All notifications should be sent to American Choice Railing & Fencing LLC, 5005 Belmar Blvd., Suite A-1, Wall, NJ 07727.
Attention: Warranty Claim Department. The Consumer may be required to submit a sample of the defective material to American Choice for analysis. American Choice will then investigate the claim and may examine the material claimed to be defective. If a defect covered by the warranty is confirmed, American Choice, within a reasonable amount of time after the inspection, will repair or provide replacement material for the railing product, or refund the amount paid by the original owner for the railing product and accessories, per the terms of this warranty.
This warranty is effective for products purchased after January 1, 2015.