BetterPatio Mountain Series Warranty

Subject to the terms and conditions of this "Limited Warranty," BetterPatio Mountain Series extends this twenty year Limited Warranty against manufacturing defects for its "Products" that are installed in a residential, single family application for personal, family, or household purposes under normal use and maintenance in the United States ("Household Use"). To maximize the available benefits under this Limited Warranty, the Purchaser (defined below) should read this entire Limited Warranty. All repairs of Products (including any component of a Product) must be made with materials authorized by BetterPatio Mountain Series.

Limited Warranty length: The Limited Warranty period for Products installed for Household Use is twenty years. The Limited Warranty period for Products installed for commercial or other non-Household Use is five years.

Commencement Date: The Commencement Date for the Limited Warranty period is the date the original installation was complete, as verified by the installer's invoice and proof of payment by the Purchaser. If date of the completion of the installation cannot be verified to BetterPatio Mountain Series' satisfaction, the Commencement Date shall be the date it was purchased based solely on BetterPatio Mountain Series' records. BetterPatio Mountain Series may request adequate written documentation to determine the Commencement Date. The installation of Product replacements under this Limited Warranty does not extend the original warranty period; the replacements are covered for the remainder of the original Product warranty.

Persons Covered: This Limited Warranty is provided to the original owner ("Purchaser") of the residence or location where the Product is originally installed. This Limited Warranty is transferable to a new owner upon written notice to BetterPatio Mountain Series.

BetterPatio Mountain Series' Actions: As BetterPatio Mountain Series' sole responsibility and Purchaser's only remedy, BetterPatio Mountain Series will furnish a replacement Product (or component) without charge that fails due to a manufacturing defect under normal use and maintenance. The Purchaser must pay for shipping, labor, and other costs or servicing or installing the replacement Product.

If a Product is not available, BetterPatio Mountain Series will (at its option) provide a free suitable substitute or provide a credit in the amount of the then factory selling price for a new, suitable substitute Product or component to be used by the Purchaser towards the retail purchase price of a new Company Product. Any new Product purchase is at the Purchaser's sole cost and expense including, but not limited to, shipping, removal, and installation costs.

Eligibility Requirements: The following items are required in order for Product to be covered under this Limited Warranty:

1. The Products must be in the same location where they were originally installed.
2. The Products must be properly installed in accordance with the Product specifications and instructions provided by BetterPatio Mountain Series for each Product. Failure to conform to such specifications or instructions voids this Limited Warranty.
3. The Purchaser must (1) contact BetterPatio Mountain Series within the term of this Limited Warranty and request a warranty replacement, (2) provide satisfactory proof of purchase and installation, (3) evidence of a manufacturing defect, including photographs, as BetterPatio Mountain Series may request, and (4) return defective Products to BetterPatio Mountain Series at its request.

Exclusions: The following are not covered by this Limited Warranty:

1. Labor costs associated with inspecting, repairing, removing, or reinstalling Products.
2. Shipping and freight expenses to ship Products to BetterPatio Mountain Series or replacement Product to Purchaser.
3. Failures, defects, or damage (including any loss of property) caused by (1) any third party product, service, or system connected to or used in conjunction with the Products; (2) any use not designed or intended for the Products; (3) modification (other than permitted by the Product documentation), alteration, misuse, negligence, or accident; (4) improper storage, installation, maintenance or operation; (5) any use in violation of written instructions or specification provided by BetterPatio Mountain Series; (6) any act of God, including fire, water, storms, lightning, or earthquakes; or (7) any theft or riots.

THIS LIMITED WARRANTY AND LIABILITY SET FOR HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES AND LIABILITIES, WHETHER IN CONTRACT OR IN NEGLIGENCE, EXPRESSED OR IMPLIED, IN LAW OR IN FACT.

THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE DURATION OF THIS LIMITED WARRANTY. BETTERPATIO MOUNTAIN SERIES DOES NOT AUTHORIZE ANY PERSON TO CREATE FOR BETTERPATIO MOUNTAIN SERIES ANY OBLIGATION BEYOND THAT EXPRESSLY SET OUT IN THIS LIMITED WARRANTY.

BETTERPATIO MOUNTAIN SERIES SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, WHETHER BASED IN CONTRACT, WARRANTY, TORT (INCLUDING STRICT LIABILITY OR NEGLIGENCE), OR OTHERWISE, EVEN IF BETTERPATIO MOUNTAIN SERIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BETTERPATIO MOUNTAIN SERIES'S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE PRODUCT.