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TIN Inc., doing business as Temple-Inland (“Temple-Inland”), provides the following limited warranty on GreenGlass Fiberglass-Faced Tile Backer gypsum board products (“GreenGlass”) sold by Temple-Inland on or after January 1, 2010 and installed in a Commercial Building (defined below) in Canada.  THE WARRRANTIES CONTAINED HEREIN ARE YOUR EXCLUSIVE WARRANTIES WITH RESPECT TO THE GREENGLASS, AND SUCH WARRANTIES ARE SUBJECT TO THE TERMS, CONDITIONS, EXCLUSIONS, AND LIMITATIONS STATED BELOW. 

Limited Warranty

Temple-Inland warrants to Warrantee that the GreenGlass previously installed or to be installed in a Commercial Building (defined below):

1. was, at the time of manufacture, manufactured to be free from defects in workmanship that make the GreenGlass unsuitable for its intended use (as described at www.templeinland.com), and
2. will not deteriorate or delaminate as a result of normal use conditions, including the presence of moisture.

As used herein, a Commercial Building shall be defined as any structure that is not a permanent residence for less than five family units.  For purposes of this Limited Warranty, Warrantee is defined as:

1. the original purchaser of the GreenGlass who installs the GreenGlass in a Commercial Building; or
2. the owner of a Commercial Building where GreenGlass has been installed who was the owner of the Commercial Building at the time when installation of the GreenGlass was completed.  All claims made under this Limited Warranty must be made by Warrantee prior to the date that is twenty (20) years after the date of manufacture of the GreenGlass that is the subject of the underlying Limited Warranty claim.    

THE FOREGOING LIMITED WARRANTY IS THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY TEMPLE-INLAND TO WARRANTEE.  ALL OTHER WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE, ARE DISCLAIMED.  ALL WARRANTIES ARISING OUT OF THE COURSE OF DEALING BETWEEN TEMPLE-INLAND AND WARRANTEE OR THE USAGE OF TRADE ARE HEREBY DISCLAIMED.  IN ANY INSTANCES WHERE APPLICABLE LAWS, RULES, OR REGULATIONS DO NOT PERMIT THE DISCLAIMER OF IMPLIED WARRANTIES, THE DURATION OF SUCH IMPLIED WARRANTIES SHALL BE LIMITED TO THE GREATER OF (a) THE MINIMUM LEGAL DURATION FOR SUCH IMPLIED WARRANTY UNDER THE APPLICABLE LAWS, RULES, OR REGULATIONS, OR (b) NINETY (90) DAYS. 

Limited Warranty Terms and Conditions

The Limited Warranty stated above and offered by Temple-Inland to Warrantee on GreenGlass shall be subject to and conditioned on the following terms and conditions:

1. UNDER NO CIRCUMSTANCES SHALL TEMPLE-INLAND BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE OF THE GREENGLASS, LOST PROFITS, COST OF SUBSTITUTE PRODUCTS, DAMAGE TO PROPERTY, OR LABOR COSTS ARISING OUT OF THE PURCHASE OR USE OF THE GREENGLASS.  THIS LIMITATION OF LIABILITY SHALL APPLY TO ANY CLAIMS ASSERTED AGAINST TEMPLE-INLAND ARISING OUT OF THE PURCHASE OR USE OF THE GREENGLASS, WHETHER ASSERTED AS A BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, PRODUCT LIABILITY, STRICT LIABILITY, OR UNDER ANY OTHER LEGAL OR EQUITABLE THEORY.
2. The Limited Warranty stated above shall only be applicable in circumstances where the GreenGlass has been subjected to normal use and exposure within the Commercial Building and has been accorded treatment in a manner consistent with good practice(s) in the building industry regarding the GreenGlass’s transportation, installation, handling, finishing, storage, and maintenance.  Temple-Inland shall not, under any circumstances, be responsible or liable for claims or losses associated with or arising, wholly or partially, out of:
1. Failure to transport, install, handle, finish, store, and maintain the GreenGlass in accordance with standards/publications of the Tile Council of North America, Inc., building industry standard practices, and any applicable building codes;
2. Unsuitability of or damage/destruction caused by any tile, grout, finishes, coatings, cladding, coverings, and/or other materials in the floor assembly or applied or attached to the GreenGlass in any manner;
3. Improper design or construction of any portion or component of the Commercial Building (including, but not limited to, the floor, subfloor, or foundation), or the complete or partial failure of the walls, foundation, or any other portion or component of the Commercial Building, including, but not limited to, the settling, sinking, movement, or shifting of the building, framing components, floor, subfloor, or foundation;
4. Conditions or causes beyond Temple-Inland’s reasonable control, including, but not limited to, high velocity winds, earthquakes, floods, fires, tornados, hurricanes, hailstorms, other acts of God or nature, sustained cascading or pooling of water, immersion in water, exposure to abnormal moisture levels, misuse, abuse, vandalism, or impact with objects;
5. Mold, mildew, fungi, insects, bacteria, and other similar conditions;
6. Use of GreenGlass in any manner other than for its intended purpose or use as described at www.templeinland.com;
7. Any damage to the GreenGlass resulting from the installation, repair or removal of any materials applied or attached to the GreenGlass, except to the extent that repair or removal of such materials is a direct result of a failure of the GreenGlass to comply with this Limited Warranty;
8. Any deficiencies in the subfloor/floor joist assembly including, but not limited to, floor deflections greater than L/360 for ceramic tile or L/720 for natural stone, high moisture in the subfloor (greater than 12%), uneven or irregular subfloor surface (particularly at the joints), or voids in the subfloor:
9. Use of GreenGlass over concrete floors;
10. Any acts, omissions, or negligence of Warrantee or any third party; or
11. Residential construction applications of the GreenGlass.
3. All claims made by Warrantee under this Limited Warranty must be made in writing and received by Temple-Inland within thirty (30) days after discovery of the alleged problem or defect in the GreenGlass.  Written notice of such claims shall be sent via certified mail, return receipt requested, or via overnight courier with delivery confirmation to Temple-Inland, Attn:  Vice President—Gypsum, 303 South Temple Drive, Diboll, Texas 75941, U.S.A.  Upon request by Temple-Inland, Warrantee shall provide copies of sales invoices and other supporting documentation reasonably requested by Temple-Inland for the GreenGlass that is the subject of Warrantee’s claims.  Following Temple-Inland’s receipt of the warranty claim notification and the documentation supporting the warranty claim, Temple-Inland shall have thirty (30) days to inspect the GreenGlass.  Warrantee shall provide Temple-Inland with reasonable access to the GreenGlass and/or the Commercial Building for inspection purposes.  Warrantee shall not make or have made any alterations or repairs to the GreenGlass prior to such inspection by Temple-Inland.  If Temple-Inland determines, in its sole discretion, that the GreenGlass fails to conform to the above-described Limited Warranty, then Temple-Inland will, at Temple-Inland’s sole option, either replace the non-conforming GreenGlass or refund to Warrantee the original uninstalled purchase price of the non-conforming GreenGlass.  Alternatively, in situations where the non-conforming GreenGlass has already been installed, Temple-Inland shall reimburse Warrantee for the reasonable cost of repair or replacement of the non-conforming GreenGlass, up to a maximum amount equal to two (2) times the original uninstalled purchase price of the non-conforming GreenGlass.  The remedies stated herein are Temple-Inland’s sole and exclusive obligation and liability for any breach of the above-described Limited Warranty.
4. The Limited Warranty stated above supersedes all prior and contemporaneous agreements, representations, warranties or understandings, whether oral or written, related to GreenGlass sold by Temple-Inland on or after January 1, 2010 and installed in Canada. 
5. The Limited Warranty stated above is and shall be non-transferable by Warrantee.  Furthermore, such Limited Warranty shall not apply to any subsequent purchasers of GreenGlass or to any subsequent owners of a Commercial Building containing GreenGlass.  The above-stated Limited Warranty shall not be for the benefit of any third parties. 
6. The provisions contained in this document are severable.  If any provision contained herein is determined by a court of law to be unenforceable for any reason, then the unenforceable provision shall be stricken, and the other provisions of this document shall remain in full force and effect. 
7. Any action or suit relating to the GreenGlass or arising from the Limited Warranty stated above must be commenced within one (1) year after the cause of action accrues or it will be waived.