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Delgard Fence Company
("Delgard") warrants to the original purchaser
of the Delgard Fence (the "Fence") that the
Fence will be free from defects in material and
workmanship for as long as the original
purchaser owns the Fence. Delgard also warrants
to the original purchaser that the Fence’s
electrostatically applied paint finish will not
crack, chip or peel for as long as the original
purchaser owns the Fence. This warranty does not
extend to damage caused by the use other than
the normal use for which the Fence is intended,
negligence, accident, improper installation,
abuse, misuse, vandalism, or acts of God.
All claims for a breach of
this warranty shall be submitted to Delgard in
writing specifically describing the nature of
the breach, together with a photograph of the
defective portion of the Fence and a copy of the
original retail bill of sale. Delgard reserves
the right to inspect the defective portion of
the Fence at Delgard’s factory to determine if
the claim is valid. If the claim is valid,
Delgard shall, at its discretion either repair
or replace the defective portion of the Fence.
However, all removal, shipping and
reinstallation costs are the sole responsibility
of the purchaser.
The above sets forth
Delgard’s complete warranty and the exclusive
remedies against Delgard with respect to the
Fence. NO ADDITIONAL WARRANTIES ARE GIVEN,
EXPRESS, STATUTORY OR IMPLIED. ANY IMPLIED
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE IS HEREBY EXPRESSLY
DISCLAIMED. Delgard shall not in any event be
responsible for consequential, personal injury
or incidental damages. No person or entity is
authorized to change, modify or supplement this
warranty, and any such attempt and any other
written or implied agreement shall not be valid
as against Delgard.
This warranty extends only to
the original purchaser of the Fence, is not
transferable and is void unless the attached
registration card is completed and returned to
Delgard, along with dated proof of purchase,
within sixty (60) days of the purchase of the
Fence. In addition, if the purchaser of the
Fence is other than a natural person, this
warranty shall terminate thirty-five (35) years
after the date of purchase of the Fence,
notwithstanding anything else herein.
This warranty gives the
purchaser specific legal rights. The purchaser
may also have other rights, which vary, from
state to state. Also, some of the limitations
set forth above may not be allowed in certain
states and therefore may not apply to particular
purchasers.
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