U-STUCCO™ Limited Warranty

 

LIMITED PRODUCT WARRANTY

Subject to the conditions and limitations stated in this document, U-STUCCO USA, LLC (U-STUCCO™) warrants to the original owner that the listed U-STUCCO™ Products listed will be free from manufacturing defects and will not break down or deteriorate under normal use at the time of installation for the period stated in this document, effective from the date of installation. 

EXCLUSIVE REMEDY

The product must be properly applied, using approved materials in the U-STUCCO™ specifications, all applicable building code regulations and applicable industry standards. Product must be used with in their shelf life and be installed in accordance with U-STUCCO™ written guidelines and specifications at the time of installation. For any valid claim presented under this warranty, U-STUCCO™ will replace the Product or refund the original U-STUCCO™ Product purchase price, at the discretion of U-STUCCO™

EXCLUSIONS

U-STUCCO™ is not responsible for structural failure or workmanship not in accordance with manufacturer’s instructions and the applicable industry standards. U-STUCCO™ is not responsible for normal wear and tear resulting from usage. U-STUCCO™ is not liable for losses due to delays or any other consequential damages. This warranty is not transferable. 

WARRANTIES DISCLAIMED

The warranty stated here is in place of all other warranties, express or implied to the extent of the law. U-STUCCO™ expressly disclaims all other warranties including warranties of merchantability and sitness for a particular purpose. Although U-STUCCO™ may have suggested the product or developed the products at the request of the owner and/or applicator, it is the responsibility of the owner and/or applicator to test and determine the suitability of the products for the intended use and purpose, and the owner and/or applicator assumes all risk and liability whatsoever regarding such suitability. 

LIMITATION OF REMEDIES AND DAMAGES

The repair/ replacement remedy stated in this warranty takes the place of all other remedies against U-STUCCO, and is the only remedy against U-STUCCO™ available to owner or to any other party. In no event will U-STUCCO™, be liable for special, indirect, incidental or consequential damages (including lost profits) arising out of or connect- ed to the product or to any use of misuse of the product, regardless of any strict liability or negligence of U-STUCCO™ and regardless of the legal theory (contract or other) used to make a claim, in no event will U-STUCCO™ be obligated to pay damages in any amount exceeding the original price or the product shown to be defective. 
U-STUCCO™ may in its sole discretion choose to make some efforts beyond it legal obligations. Such additional efforts will not in any way change the limitations of remedies and damages stated in this paragraph or extend or change this warranty. Prior to pursuing any legal remedy, any claims, disputes, differences or disagreements between U-STUCCO™ and the owner, arising out of or relating to this warranty, which cannot be amicably settled, will be submitted to arbitration under the rules of the American arbitration association then in effect. 

WARRANTY CLAIMS

Owner shall notify U-STUCCO™, in writing, within 7 days of the discovery of the alleged defect in the U-STUCCO™ Product covered by this warranty. Owner will provide U-STUCCO™ with a reasonable opportunity to review and investigate the alleged defect. 
For any warranty claim that is not valid, owner will pay U-STUCCO™ reasonable charges, including travel and labor, associated with investigation of such claim.