LIFETIME LIMITED WARRANTY
LIMITATIONS ON THE TRANSFERABILITY OF THIS WARRANTY ARE SET FORTH HEREIN
INTRODUCTION
Thank you for your recent purchase of Unlimited Basement Finishing System1″ products provided by Unlimited Basement Finishing Systems, LLC (“UBFS”). If anything in this warranty is not clear to you, please call us at 1 -888-616-8237. Please note that the terms of this warranty are subject to change without notice.
WHAT IS COVERED
This warranty covers the wall panels and plastic trim components of the Unlimited Basement Finishing System™ (the “Product”) in residential installations located in the United States as described below. To be covered under this warranty, the Product must be installed in the United States, in a single family residence, in conjunction with UBFS paperless batt insulation with an R-value of 13 or greater, use a molded fiberglass panel and be installed by a certified Unlimited Basement Finishing System™ dealer. Two and one-half inch (2.5″) wall panels do not require additional batt insulation, as long as building codes are met. Any Product not installed as described above, or other components used in the installation of your basement remodeling
project other than the Product, are not covered by this warranty.
WHO IS COVERED
If the single family residence in which the Product is installed is located in the United States and you are the original consumer purchaser (i.e. the homeowner, not the installer or contractor) of the Product (the “Purchaser”), you are entitled to the benefits of this warranty.
TRANSFERABILITY
This warranty is transferable one time. In the event that the original Purchaser sells the single family residence in which the Product has been installed at any time during the warranty period, this warranty may be transferred to that subsequent purchaser. For such transfer to become effective, however, the attached Warranty Transfer Card must be completed and returned to UBFS within thirty (30) days of the date of the sale of the building, along with a
transfer fee of fifty dollars ($50.00) payable to Unlimited Basement Finishing Systems, LLC.
HOW LONG AND WHAT IS COVERED
UBFS, subject to the conditions and limitations set forth herein, warrants that the Product is free from material or manufacturing defects that materially affect the Product’s performance for as long as you own your home. UBFS also warrants, subject to the conditions and limitations set forth herein, that the Product will not support mold growth for as long as you own your home. The warranty period commences upon completion of installation of the Product by an authorized installer. In addition to purchasing the Product from an authorized installer, the Purchaser must also complete and return the Basement Finishing System™ Lifetime Limited Warranty Registration Card that is attached to this form within ninety (90) days from the date of installation.
REMEDY
If the performance of the Product is ever materially affected during the warranty period by a defect in material or manufacturing as described herein, then Purchaser’s sole and exclusive remedy, and the limit of UBFS’s liability for the Product if proven to be other than as warranted, whether based upon breach of warranty, negligence, strict liability, tort, breach of contract, or any other legal theory shall be, at UBFS’s sole option, to provide Purchaser: (1) with a repair of the non-conforming Product; (2) a quantity of Product sufficient to replace the defective Product; or (3) a refund of the original purchase price of the Product. UBFS’S LIABILITY HEREUNDER IS LIMITED TO AND CAPPED AT THE REASONABLE COST OF THE REPLACEMENT, PROVISION OF ADDITIONAL PRODUCTS REQUIRED TO ACCOMPLISH THE REMEDY, ORTHE REFUND OF THE ORIGINAL PURCHASE PRICE OFTHE PRODUCT. UBFS SHALL HAVE NO LIABILITY FOR THE COST (OF LABOR, DISPOSAL OR OTHERWISE) TO REMOVE THE DEFECTIVE PRODUCT ORTO INSTALL ANY NEW PRODUCT.
LIMITATIONS ON COVERAGE
This warranty does not apply to, and UBFS shall not be liable for any products other than the Product or any cause not expressly covered herein. This warranty does not cover Product when installed in a location other than a single family residence in the United States. This warranty does not cover any problems with non-defective Product caused by conditions or handling beyond our control. Some examples of conditions not covered by this warranty include:
The Product being or having been subject to abnormal conditions including, but not limited to exposure to chemicals, fumes, smoke, vibrations, presence of standing water, moisture coming into direct contact with the Product, building leaks, leaking pipes, or buildup of dirt, dust or other debris on the Product itself;
Causes beyond normal and proper use including, but not limited to acts of God, war, fire, flood, wind or other weather damage;
Failures or distortions in the building structure, or improper installation of neighboring products;
Failure to dehumidify the basement;
Failure to install the Product strictly in accordance with the Product’s published installation instructions;
Failure to install the Product in compliance with all applicable building codes;
Failure to store the Product in a clean, dry area, enclosed and protected from the elements such as rain, snow and direct sunlight;
Product being installed or stored in areas having extreme temperature or humidity (above 80% humidity with an ambient air temperature outside the range of 42° and 100° degrees Fahrenheit (5° and 38° degrees Celsius));
Alterations made after the Product is installed, which may include but is not limited to structure changes, application of cleaning solutions, coatings (other than painting as described in the Product’s installation instructions), or other modifications;
Non-manufacturing defects, including but not limited to improper maintenance, neglect, accident, casualty, vandalism or misuse of the Product or any other cause that disturbs or disrupts the Product as installed; or
Any costs that you incur that are not authorized in writing, and in advance, by UBFS.
THE WARRANTY PROVIDED IS IN LIEU OF ALL OTHER GUARANTEES AND WARRANTIES, EXPRESS OR IMPLIED. THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR USE OR PURPOSE ANDTHE IMPLIED WARRANTY OF MERCHANTABILITY ARE LIMITED IN DURATION TO THE EXPRESS WARRANTY PROVIDED HEREIN UNLESS A SHORTER PERIOD IS PERMITTED BY LAW. UBFS SHALL NOT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, OR FOR DAMAGE TO THE BUILDING, ITS CONTENTS OR ITS OCCUPANTS. THIS WARRANTY CONTAINS ALL OF THE PROVISIONS OF YOUR REMEDIES FROM UBFS. UBFS’S LIABILITY IS LIMITED TO THE PROVISIONS OF THIS WARRANTY, WHETHER ANY CLAIM AGAINST IT IS BASED UPON STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER THEORYORCAUSE OF ACTION.
Some states do not allow limitations on how long an implied warranty lasts and/or do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. To the extent that this warranty is inconsistent with local law, this warranty shall be deemed modified to be consistent with such local law.
NOTIFICATION OF CLAIMS
If the Product exhibits what the Purchaser believes to be a defect covered under the terms of this warranty, the Purchaser must notify UBFS within thirty (30) days of discovery of the issue. Please call 1-888-616-8237 or mail written notifications to UBFS, Attn: Warranty Administrator, 60 Shawmut Road, Canton, MA 02021 and include a description of the claimed defect, along with the Purchaser’s name, address, telephone number and date of installation. Please call 1-888-616-8237 with any questions you may have.
MODIFICATION OF THIS LIMITED WARRANTY
This warranty may not be changed or modified, except in a writing signed by an officer of
UBFS.
No statement or recommendation made, or assistance given by, UBFS, its affiliated entities, or their representatives, either oral or in any literature or other documentation, to Purchaser or any other persons in connection with the purchase, use or installation of Product by or for Purchaser, shall constitute a waiver by UBFS of any provision of this warranty for Product or affect UBFS’s liability as defined in this warranty document.
Unlimited Basement Finishing Systems, LLC