LIMITED WARRANTY AND DISCLAIMER OR WARRANTIES
Stone Building Products, LLC, d/b/a Signature Stone, a Colorado limited liability company (“SBP”) products are warranted against defects in manufacturing for a period of 1 year from the date of purchase when used on a structure that conforms to local building codes and/or when installed in accordance with SBP’s instructions. SBP will repair or replace any product that is defective as a result of the manufacturing process.
This LIMITED WARRANTY is limited to the original purchaser and may not be transferred to any subsequent owner. This LIMITED WARRANTY does not cover damage resulting from maintenance and snow removal operations; exposure to deicing chemicals; improper drainage; settlement; bulking or other movement of the wall to which any SBP product is attached or affixed; contact with chemicals or paint; discoloration due to airborne contaminants, staining or oxidation.
This LIMITED WARRANTY covers only material manufacturing defects in SBP products. A “material defect” does not include cosmetic defects which do not affect the structural integrity of the product. The LIMITED WARRANTY is conditional, and SBP shall have no responsibility when the products, or parts thereof, have been subject to misuse, neglect, or when the products, or parts thereof, have been altered by some party other than SBP without SBP’s written consent. SBP neither authorizes nor empowers any person to assume or extend on behalf of SBP any other warranty, representation, or claim regarding products manufactured and sold by SBP.
This LIMITED WARRANTY does not cover, and SBP is not responsible for labor, equipment, product damage and supplemental material costs incurred in the removal and replacement of defective product. SBP’s liability under this LIMITED WARRANTY is expressly LIMITED to the replacement of such defective product.
This LIMITED WARRANTY does not cover efflorescence. Efflorescence is a naturally occurring process with all concrete products. SBP offers efflorescence control in some products as an option. However this only minimizes the process and does not completely eliminate it. SBP suggests the application of additional sealers or coatings by the end user, particularly in areas of very severe freeze/ thaw and deicing chemical exposure.
Buyer agrees that the sale of goods covered by this LIMITED WARRANTY was made and entered into in the State of Colorado and that the laws of that State apply to the sale of the goods covered by this LIMITED WARRANTY without regard to those laws and/or rules governing conflicts of laws. If any provision of this LIMITED WARRANTY is found to be in violation of an applicable law, such provision shall be deemed severable and the remainder of the LIMITED WARRANTY shall remain valid and enforceable.
This LIMITED WARRANTY is the sole and exclusive warranty covering SBP products. Buyer understands and agrees that SBP expressly DISCLAIMS ANY AND ALL OTHER WARRANTIES, STATUTORY AND OTHERWISE INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY THAT THE PRODUCTS COVERED BY THIS LIMITED WARRANTY CONFORM TO ANY AFFIRMATION, PROMISE, DESCRIPTION, SAMPLE OR MODEL, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY IMPLIED WARRANTY ARISING FROM ANY COURSE OF DEALING AND USEAGE OF TRADE, AND ANY IMPLIED WARRANTY THAT THE GOODS ARE FIT FOR ANY PARTICULAR PURPOSE. THIS DISCLAIMER IS INTENDED TO COMPLY WITH THE REQUIREMENTS OF APPLICABLE LAW GOVERNING THE DISCLAIMER OF WARRANTIES AND BUYER ACKNOWLEDGES THAT THERE ARE NO OTHER WARRANTIES WITH RESPECT TO THE PRODUCTS COVERED BY THIS LIMITED WARRANTY OR OTHER WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION OF THE LIMITED WARRANTY DESCRIBED HEREIN. EXCEPT AS SPECIFICALLY SET FORTH IN THE LIMITED WARRANTY COVERING THE PRODUCTS, BUYER ACCEPTS SUCH GOODS IN THEIR “AS IS-WHERE IS” CONDITION WITH ALL FAULTS AND DEFECTS. IN NO EVENT SHALL SBP BE LIABLE FOR ANY SPECIAL, CONTINGENT OR CONSEQUENTIAL DAMAGES OR, EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY, ANY LOSS, DAMAGE OR EXPENSE DIRECTLY OR INDIRECTLY ARISING FROM THE PURCHASE, INSTALLATION, USE OR MAINTENANCE OF SBP PRODUCTS OR FROM ANY OTHER CAUSE.
The liability of SBP under this LIMITED WARRANTY covering the products is EXPRESSLY LIMITED TO THE REPLACEMENT OF SUCH DEFECTIVE PRODUCTS.
Any claim that a product covered by this LIMITED WARRANTY is defective as a result of the manufacturing process shall be made within 30 days after discovery of such defect and before any permanent repair is made. All claims under this LIMITED WARRANTY must be made in writing and shall describe in reasonable detail the manner in which the product is defective. Failure to give SBP written notice of such claim shall constitute an absolute and unconditional waiver of such claim and claimed defect. Notices shall be directed to 211 – 30th Street, Greeley, CO 80631. Upon receipt of such written notice, SBP shall have a reasonable period of time to investigate the claim made in the notice.
SBP reserves the right to modify or discontinue the manufacture and sale of any product subject to this LIMITED WARRANTY without notice and SBP will not be liable as a result of any such discontinuance.
Buyer hereby acknowledges that she, he or it has read the terms and conditions of the LIMITED WARRANTY covering the products and Buyer EXPRESSLY ACCEPTS THE SAME AS AN ESSENTIAL AND MATERIAL TERM of the Sales Agreement or Purchase Order covering the sale of products by SBP to Buyer and Buyer’s signature on the Sales Agreement or Purchase Order shall constitute Buyer’s acknowledgment that Buyer accepts the terms, provisions, limitations and disclaimers set forth herein.