HOMELAND VINYL PRODUCTS, INC.
Who and What are Covered by this Warranty
Homeland warrants to the original purchaser/homeowner that its vinyl fence, deck and railing products will be free from manufacturing defects - including peeling, flaking, blistering, rotting and corroding - when subject to normal and proper use.
This warranty is for the lifetime of the original purchaser (and as long as the original purchaser is still living and retains ownership of the property), for all vinyl fences, deck and railing products.
Should any defect occur during the warranty period, Homeland will repair or replace, at its option, the defective fence, deck or railing products. In lieu of repair or replacement, Homeland also reserves the right to refund the amount paid by the original owner for the Homeland fence; deck or railing product and such refund shall full discharge all obligations and liabilities of Homeland under this warranty.
In no event shall Homeland be liable or responsible for labor charges or other expenses arising from or pertaining to the removal or installation of either the original or replacement product.
Should Homeland repair or replace a defective product under the terms of this warranty, the original warrant shall apply to the repaired or replaced fence, deck or railing product, and will extend for the balance of the warranty period in effect at the time the material proved defective.
This warranty automatically terminates upon the sale of the property or death of the last of the individuals that owned the property at the time of installation.
The lifetime coverage
offered by this warranty for Homeland products is applicable only to single family residences. In the case of fence, deck or railing product material that is installed upon any other type of building or premises, the warranty period will be 30 years following the installation of the fence, deck or railing.
This warranty does not apply to or provide protection against any failure, defect or damage resulting from events or conditions that are beyond normal exposure or customary usage, including, but not limited to: • misuses, abuse, neglect or improper handling or storage; • improper installation; • Use of accessories or other products which do not properly receiver and/or secure Homeland´s fence, deck and railing products; • impact of foreign objects, fire, ea rthquake, flood, lightning, hail, hurricane, tornado or other casualty or act of God; • movements, distortion, collapse or settling of the ground or structure on which the fence, deck or railing product is installed; • damage by horses or other large animals that may impact a fence in which they are enclosed; • discoloration or other damage caused by air pollution (including but not limited to metal oxides or metallic particles), mildew, exposure to harmful chemicals or normal weathering from the elements; or • any other cause not involving manufacturing defects in the material supplied by Homeland; and
Normal weathering is defined as exposure to sunlight and extremes of weather and atmosphere, which will cause any colored surface to gradually fade, chalk, or accumulate dirt or stains. The severity of any condition depends on the geographical location of the fence, deck or railing products, the cleanliness of the air in the area, and many other influences over which Homeland has no control. Homeland shall have sole discretion to determine, based on reasonable criteria, whether the fence, deck or railing products is suffering from normal weathering.
This warranty does not apply to any fence, deck or railing product which has been painted, varnished or on which any other substance has bene applied over the manufacturer´s original finish.
The homeowner/purchaser acknowledges and agrees that Homeland may, without notice to the homeowner/purchaser, discontinue or modify any of its products, including, without limitation, the style, size or color. Homeland shall not be liable in the event replacement material varies from the original product. If Homeland replaces any material under this warranty, it may substitute products designated by Homeland to be of comparable quality or price range in the event the product initially installed has been discontinued or modified.
Transferability of the Warranty
This warranty is not transferable, with the exception of the following circumstances: This warranty may be transferred only by the original homeowner/purchaser and only on one occasion, upon compliance with the following requirements. Within thirty (30) days from the date of the transfer of the real property, the original homeowner/purchaser shall deliver to Homeland (i) a written request for transfer of the warranty, (ii) proof of the original purchase of the Homeland products, and (iii) a $100 transfer fee payable to Homeland. Failure to comply timely with each of the foregoing requirements will terminate this warranty and relieve Homeland of any further obligation or liability under this warranty. Time is of the essence. During the first ten (10) years after the date of original installation of the products, a duly transferred warranty shall remain in full force and effect as to all products covered thereby. After such ten (10) year period, Homeland´s responsibility and liability under a duly transferred warranty shall decrease by five percent (5%) per year. At no time, however, shall Homeland´s responsibility under this warranty for fence, deck and railing products be less than 10 percent (10%) of the original homeowner/purchaser´s original purchase price for the material.
THIS WARRANTY REPLACES, SUPERSEDES AND EXCLUDES ALL OTHER WARRANTIES, ORAL WRITTEN OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOMELAND BE LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING ANY DAMAGE TO THE BUILDING, ITS CONTENTS OR ANY PERSON THEREIN RESULTING FROM THE BREACH OF THIS WARRANTY. HOMELAND DOES NOT AUTHORIZE ITS FIELD REPRESENTATIVE, DISTRIBUTORS OR DEALERS TO MAKE ANY CHANGE OR MODIFICATION TO THIS WARRANTY. SOME STATES DO NO ALLOW LIMITATIONS ON, OR THE EXCLUSION OF, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
This warranty gives you specific legal rights, and you may also have other rights that may vary from state to state.
What the Customer Must Do
The homeowner/purchaser must properly notify Homeland in writing of any manufacturing defect and provide proof of the date of purchase and installation, as well as proof of property ownership. All notifications should be sent to Homeland Vinyl Products, Inc., P.O. Box 170729, Birmingham, Alabama 35217-0729, Attention: Warranty Claim Department. The consumer may be required to submit a sample of the defective material to Homeland for analysis. Homeland will then investigate the claim and may examine the material claimed to be defective. If a defect covered by the warranty is confirmed, Homeland, within a reasonable amount of time after the inspection, will repair or provide replacement material for the fence, deck or railing product, or refund the amount paid by the original owner for the fence, deck or railing product and accessories, per the terms of this warranty.
This warranty is effective for products purchased after January 1, 2001.