TIMBERSIL® COMPANIES, LLC
40-YEAR LIMITED WARRANTY CERTIFICATE
FOR CERTAIN RESIDENTIAL USES
TimberSIL® Companies, LLC (TC) warrants to the purchaser of TimberSIL® glass wood lumber (“TimberSIL® barrier Product” or “Product”) and the owner/occupant of the real estate upon which this Product is used or to the owner of any personal property into which this Product is incorporated, that, for 40 years after purchase, this TimberSIL® Product, as used in conjunction with a residential structure, the barrier protection in TimberSIL® Products will prevent the Products from structurally failing in service due to rot, decay or damage from termites. Only wood bearing the TimberSIL® Warranty Label with Product Registration completed on-line within 30 days of purchase (www.timbersilwood.com/contact/productregistration) is covered by this warranty.
The only obligation of TC under this warranty shall be to replace Product which has structurally failed for the reasons stated above. This warranty does not cover any removal, installation, re-installation or freight costs. This warranty does not cover warping, splitting, twisting, checking, weathering or other changes in the shape of the lumber, or cut ends placed in the ground. This warranty does not cover damage to Product used in foundation systems, or in pilings, pole or heavy timber type residential construction, used in swimming pool sidewalls or in water immersion applications, or tree supports in agricultural applications, or used for any non-residential, commercial or industrial project, or damage resulting from any cause other than the reasons stated above.
This warranty is extended only to the owner/occupant of the real estate upon which this Product is used or to the owner of any personal property into which this Product is incorporated. This warranty is transferable to any future owner or the real estate or such personal property. The owner to whom this warranty is extended agrees to notify TC in writing at the following address listed below within 90 days of first learning of a possible defect in the Product which may lead to a claim under warranty. The owner must give TC this notice before TC shall have any obligation under this warranty. Failure to use the Product in accordance with any instruction or restriction printed on the end tag voids this warranty.
This warranty is the sole warranty given by TC with respect to the covered products. TC disclaims all other warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. This warranty supersedes all prior or contemporaneous oral or written representations concerning the product. No TC employee, distributor, reseller, independent sales representative, or any other person is authorized to modify this warranty or make any warranty in addition to the warranty set forth in this certificate.
Under no circumstances will TC be liable for any special, indirect, incidental, consequential or punitive damages whether arising out of or in any way related to a claim for breach of warranty, breach of contract, negligence, strict liability in tort or any other legal theory. Such damages include, but are not limited to, loss of profits, damage to the structure in which the covered product(s) is (are) installed, cost of substitute goods, or loss of use of the products or other property. Any action or suit relating to the products must be commenced within one year after the cause of action accrues.
Certain state laws do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights. All questions concerning the meaning or applicability of this limited warranty are to be decided under the law of the state of South Carolina without reference to its choice-of-law rules.
To make a claim under this limited warranty, the owner must send the original end tag, a copy of the original purchase invoice for the affected Product, proof of structural failure due to rot, decay or damage from termites, and proof of use of product in accordance with product instructions or restriction on the end tags or in this warranty to: TimberSIL® Products, 4 Augusta Arbor Way, Greenville, SC 29605; Attn: Product Warranty Claims