Delgard Fence Company ("Delgard") warrants to the original purchaser of the Delgard Fence (the "Fence") that the Fence will be free from defects in material and workmanship for as long as the original purchaser owns the Fence. Delgard also warrants to the original purchaser that the Fence’s electrostatically applied paint finish will not crack, chip or peel for as long as the original purchaser owns the Fence. This warranty does not extend to damage caused by the use other than the normal use for which the Fence is intended, negligence, accident, improper installation, abuse, misuse, vandalism, or acts of God.
All claims for a breach of this warranty shall be submitted to Delgard in writing specifically describing the nature of the breach, together with a photograph of the defective portion of the Fence and a copy of the original retail bill of sale. Delgard reserves the right to inspect the defective portion of the Fence at Delgard’s factory to determine if the claim is valid. If the claim is valid, Delgard shall, at its discretion either repair or replace the defective portion of the Fence. However, all removal, shipping and reinstallation costs are the sole responsibility of the purchaser.
The above sets forth Delgard’s complete warranty and the exclusive remedies against Delgard with respect to the Fence. NO ADDITIONAL WARRANTIES ARE GIVEN, EXPRESS, STATUTORY OR IMPLIED. ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE IS HEREBY EXPRESSLY DISCLAIMED. Delgard shall not in any event be responsible for consequential, personal injury or incidental damages. No person or entity is authorized to change, modify or supplement this warranty, and any such attempt and any other written or implied agreement shall not be valid as against Delgard.
This warranty extends only to the original purchaser of the Fence, is not transferable and is void unless the attached registration card is completed and returned to Delgard, along with dated proof of purchase, within sixty (60) days of the purchase of the Fence. In addition, if the purchaser of the Fence is other than a natural person, this warranty shall terminate thirty-five (35) years after the date of purchase of the Fence, notwithstanding anything else herein.
This warranty gives the purchaser specific legal rights. The purchaser may also have other rights, which vary, from state to state. Also, some of the limitations set forth above may not be allowed in certain states and therefore may not apply to particular purchasers.