Temple-Inland warrants to (i) each contractor who installs GreenGlass purchased from Temple-Inland or from a Temple-Inland dealer; and (ii) the initial owner of any structure following installation of GreenGlass by any such contractor, that, subject to the conditions and limitations set forth below, all Temple-Inland GreenGlass shall be as follows:
Limited Warranty Against Defects
For a period of 5 years from the date of purchase for installation purposes, GreenGlass will remain free of any manufacturing defects which would make the GreenGlass unsuitable for its intended use (as described on www.templeinland.com). In the case where GreenGlass is installed as a substrate in an architecturally-specified EIFS, the foregoing defects warranty shall remain in effect for 10 years from the date of purchase for installation purposes, provided that all EIFS manufacturer’s instructions have been properly adhered to during installation and otherwise.
Limited Warranty Against Weather Exposure
For a period of 12 months from the date of purchase for installation purposes, GreenGlass will withstand normal weather conditions, meaning that GreenGlass will not deteriorate or delaminate as a result of exposure to normal weather conditions or excessive humidity.
Conditions and Limitations
The foregoing limited warranties are personal to the persons above named and shall not be transferred or assigned. THE FOREGOING LIMITED WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; ANYWHERE THAT APPLICABLE LAW MAY NOT PERMIT DISCLAIMERS OF IMPLIED WARRANTIES, ALL OF SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO 30 DAYS OR ANY SHORTER PERIOD WHICH MAY BE PERMITTED BY APPLICABLE LAW. IN NO CASE SHALL TEMPLE-INLAND BE LIABLE FOR INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LABOR COSTS), WHETHER BASED ON CONTRACT, TORT, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY. Any action or suit against Temple-Inland must be commenced within 1 year after the cause of action accrues or it shall be considered waived. Claims should be submitted within thirty days of date of discovery of defect (along with brief description of the claim and damaged area, a copy of the dated sales receipt, invoice and evidence of installation) to: Temple-Inland at Gypsum Product Group, 303 S. Temple Dr., Diboll, Texas 75941. After reasonable opportunity for inspection of the claim, Temple-Inland may, at it’s option and subject to the limitations herein, replace the product, repair the damage, or reimburse the customer to the extent of the customer’s actual direct damages; provided, however, that the foregoing remedies shall be exclusive and in no case shall Temple-Inland’s maximum liability for any cause whatsoever, with any person whosoever, exceed two times the purchase price paid by such person for the GreenGlass.
The foregoing limited warranties shall not apply to, and Temple-Inland shall not be responsible for claims or loss associated with, the following: (A) Failure to store, handle or install GreenGlass in accordance with (i) Temple-Inland’s storage and installation instructions (available from the selling dealer and at www.templeinland.com), (ii) with standard building practices, and/or (iii) with all applicable building codes; (B) Any causes other than normal weather or use conditions, including but not limited to extreme or improper handling, failure to use ordinary or reasonable care in installing the product or maintaining the structure, misuse or abuse before or after installation, impact of falling objects, vandalism, earthquakes, hurricanes, tornadoes, floods, fires, hailstorms, high winds, or other natural disasters or acts of God, sustained cascading or pooling of water, or immersion in water; (C) Mold, mildew, fungi, bacteria, insects or other similar organic conditions; (D) Erroneous or improper design or installation of any portion or component of the structure, or failure or distortion of the walls, foundation, or any other portion or component of the structure, including but not limited to settling of the building or movement of framing members; or (E) Suitability, fitness or performance of any cladding, coating, finish, wall covering or other material(s) connected, applied or attached to, on, over or to the exterior of GreenGlass.
No representative of Temple-Inland has authority to amend, restate, supplement, change or make any additional warranty, representation, guarantee or promise with respect to the foregoing limited warranties. These limited warranties apply exclusively to Temple-Inland GreenGlass sold on or after July 1, 2008, in the United State of America.