Lifetime Limited Warranty Material & Labour For Original Owners
50-Year Limited Warranty for Subsequent or Non-Individual Owners
Gentek reserves the right to discontinue or make changes in the Product. If your Product is not available and Gentek decides to replace the defective material, Gentek shall have the right, in its sole discretion, to substitute products which it considers of equal quality and price. Gentek also reserves the right to refund the original price in lieu of repair or replacement according to the terms of this Warranty.
All Warranty claims shall be settled between you and Gentek, but Gentek may direct and pay a company, dealer, contractor, applicator, or distributor to perform any remedy under this Warranty.
Gentek is giving you an express Warranty. Except as set forth in this Warranty, you take the Product “as is,” and Gentek makes no warranty or representation and there are no conditions, express or implied, statutory or otherwise, of any kind whatsoever with respect to the Product, including but not limited to the merchantability of the Product; its fitness for any particular purpose or use; the design, condition or quality of the Product; the workmanship or performance of the Product; or the compliance of the Product with the requirements of any law, rule, specification or contract pertaining thereto. Gentek cannot and shall not be liable to you for breach of any other written or oral express warranties, such as those, if any, given to you by dealers, contractors, applicators, or distributors. Any implied warranties and conditions imposed by law, such as the implied warranties of merchantability and fitness for a particular purpose, are hereby limited in time to the duration of this express Warranty.
Gentek shall not be liable to you for any damages of any kind resulting, directly or indirectly, from the purchase, use or misuse of, or the inability to use the Product, or from the breach of this express Warranty, including without limitation incidental, special or consequential damages, and loss of profits or benefits, or for damages arising from any tort (including negligence or gross negligence) or fault committed by Gentek, its agents or employees, or for any breach of contract (fundamental or otherwise), or for any claim brought against purchaser by any other party. Your exclusive remedy shall be refinishing or replacement at Gentek’s sole option, only on the terms stated in this Warranty.
Some jurisdictions do not allow limitations on how long implied warranties last, exclusions or limitations of incidental or consequential damages, or limitations by manufacturers on warranties, rights and remedies prescribed by statute; thus, the above limitations or exclusions may not apply to you.
This Warranty gives you specific legal rights, and you may also have other rights which vary from jurisdiction to jurisdiction. If any portion of this Warranty is held illegal or unenforceable, the legality and enforceability of the remainder of this Warranty shall be unaffected. The agents, employees, distributors and dealers of Gentek are not authorized to make modifications to this Warranty or make additional warranties binding on Gentek.
This Warranty is transferable by the Original Owner and subsequent property owner(s). In the event of a transfer, the Warranty shall continue for the remainder of the fifty (50) year period from the date of original installation of the Product, prorated according to the terms attached. In order to process a claim, any subsequent owners must have a copy of the original invoice or contract from the installation or purchase of the product by the original owner.
Because this Warranty was created to cover the Product of individual Original Owner(s), this Warranty does not cover Product applied to property owned in whole or part by corporations, governmental entities or agencies, religious organizations, trust, condominium or co-operative housing arrangements, intangible legal entities or any other entity or organization capable of an infinite life. For such intangible entities, the duration of the warranty is fifty (50) years non-transferable under the same terms and conditions as this Warranty, prorated as outlined in the schedule attached.