HardieBacker Cement Board Exterior Use 10-Year Limited Warranty
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1 Effective January 2012 HardieBacker Cement Board Exterior Use 10-Year Limited Warranty (AL, AR, GA, HI, FL, LA, MS, OK, SC, TX, PR and limited areas of AZ, CA, KY, NC, NM, NV, OR, TN, VA, & WA) 1. LIMITED WARRANTY. James Hardie Building Products Inc. ( Hardie ) warrants, for a period of ten (10) years (the Limited Warranty Period ) to the purchaser, the first owner of the structure to which the product is applied, and the first transferee of such structure (each a Covered Person ) from the date of purchase or installation of HARDIEBACKER Cement Board with MoldBlock technology (hereinafter the Product ) when used solely for its intended purpose as an underlayment for exterior barbeque and grill islands (and similar structures) and/or as an underlayment for exterior wall construction up to a height of 2 stories from grade level, including Exterior Ceramic Tile and Masonry Veneer Systems (hereinafter Intended Purpose ) and installed within the limited product locations (as further defined in Section 7 below), that such Product will be free from defects in material and workmanship. 2. WHAT WE WILL DO. If, during the Limited Warranty Period, the Product is defective in material or workmanship, Hardie will, in its sole discretion, either repair or replace the defective portion of the Product, or reimburse the Covered Person for up to twice the original retail cost of the defective portion of the Product. If the original retail cost cannot be established by the Covered Person to Hardie s reasonable satisfaction, the cost shall be determined by Hardie in its sole and reasonable discretion. Hardie s repair, replacement, or refund of the defective portion of the Product or reimbursement pursuant to Section 2 of this Limited Warranty is the exclusive remedy for the Covered Person for any defect in materials or workmanship. HARDIE WILL NOT REFUND OR PAY ANY COSTS IN CONNECTION WITH LABOR OR ACCESSORY MATERIALS. 3. WHAT YOU MUST DO/CONDITIONS OF LIMITED WARRANTY. Warranty coverage under this Limited Warranty shall be subject to the following terms and conditions: (A) A Covered Person must provide written notice to Hardie within thirty (30) days after discovery of any claimed defect covered by this Limited Warranty and before beginning any permanent repair. The notice must describe the location and details of the claimed defect and any additional information necessary for Hardie to investigate the claim. Photos of the Product, showing the claimed defect must accompany the notice. A claimant under this Limited Warranty must provide proof to Hardie that such claimant is a Covered Person as defined in Section 1 above. (B) The Product must be installed in the limited product locations as further defined in Section 7 below and be installed in compliance with Hardie s printed installation requirements as well as all building codes adopted by federal, state or local governments or government agencies applicable to the installation. (C) Upon discovery of a claimed defect, a Covered Person must immediately, and at a Covered Person s own expense, provide for protection of all property that could be affected until the claimed defect is remedied if applicable. Before any permanent repair to the Product, a Covered Person must allow Hardie or Hardie s authorized agent to enter the property and structure where the Product is installed, if applicable, and examine, photograph and take samples of the Product. Any repairs initiated by or on behalf of a Covered person without prior authorization from Hardie may void the warranty. Limited Coverage Warranty Area 4. WHAT IS NOT COVERED. This Limited Warranty does not cover damage or defects resulting from or in any way attributable to: A. The improper storage, shipping, handling or installation of the Product (including, without limitation, failure of the Product to be installed in strict compliance with the Conditions of Limited Warranty set forth in Section 3(B) of this Limited Warranty) and/or improper installation of studs or other accessories; B. Further processing, modification or alteration of the Product after shipping from Hardie; C. Neglect, abuse, or misuse; D. Repair or alteration; E. Settlement or structural movement and/or movement of materials to which the Product is attached; F. Damage from incorrect design of the structure to which the Product is attached; G. Exceeding the maximum floor deflection; H. Exceeding the maximum designed wind loads; I. Acts of God including, but not limited to, tornados, hurricanes, floods, earthquakes, severe weather or other natural phenomena, (including, but not limited to, unusual climate conditions); J. Efflorescence or performance of any paints and/or coatings which are not Hardie and/or Hardie affiliated applied; K. Cracked or broken tiles or other overlayment; L. Lack of proper maintenance; M. Grout and bond to the substrate failure; or N. Any cause other than material or manufacturing defects attributable to Hardie. 5. LIMITATION OF LIABILITY. IN NO EVENT SHALL HARDIE BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, ANY CLAIMS OF PROPERTY DAMAGE OR PERSONAL INJURY, BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 6. LIMITATION OF WARRANTY. THE ABOVE LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY FOR THE PRODUCT. HARDIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR OTHERWISE. In the event that applicable consumer law prohibits the disclaimer of an implied warranty, the above Limited Warranty shall not extend the time period of any such implied warranty. Some states do not allow limitations for consumers on how long an implied warranty lasts, so the above limitation may not apply to you. This Limited Warranty gives you specific legal rights, and you may have additional rights, which vary from state to state. 7. LIMITED INSTALLATION AREAS: This limited warranty is applicable solely for installation in Puerto Rico and the following U.S. States: Alabama, Arkansas, Georgia, Hawaii, Florida, Louisiana, Mississippi, Oklahoma, South Carolina, Texas, as well as limited areas of Arizona, California, Kentucky, North Carolina, New Mexico, Nevada, Oregon, Tennessee, Virginia, and Washington, but only in the zip codes noted on the following pages. 8. ENTIRE AGREEMENT. This Limited Warranty contains and represents the only warranty extended by Hardie for the Product. No employee or agent of Hardie or any other party is authorized to make any other warranty in addition to those made in this Limited Warranty. 9. MODIFICATION OR DISCONTINUATION OF PRODUCTS. Hardie reserves the right to discontinue or modify the Product at any time without notice. In the event that repair or replacement of the Product pursuant to this Limited Warranty is not possible, Hardie will fulfill any repair or replacement obligation under this Limited Warranty with a product of equal or greater value. 10. HOW TO OBTAIN LIMITED WARRANTY SERVICE. For warranty service call or write Limited Warranty Department, James Hardie Building Products Inc., Elm Avenue, Fontana, California * Elevation Based Zip Codes - Use of the Product in these CA, OR & WA zip codes is only appropriate for elevations below 2000 ft
2 AZ CA CA...
3 ...CA CA...
4 ...CA * 95233* 95314* 95375* 95426* 95525* 95526* 95527* 95543* 95552* 95563* 95568* 95595* 95646* 95735* 95930* 95978* 95986* 96010* 96014* 96025* 96027* 96031* 96032* 96033* 96034* 96038* 96039* 96044* 96048* 96050* 96051* 96052* 96064* 96067* 96076* 96085* 96086* 96091* 96093* 96094* 96097* KY NC NC... elevation based zip codes
5 ...NC NM NV NV...
6 ...NV OR * 97016* 97019* 97028* 97037* 97049* 97064* 97067* 97103* 97106* 97108* 97109* 97112* 97117* 97119* 97121* 97122* 97125* 97131* 97133* 97138* 97141* 97144* 97145* 97146* 97148* 97149* 97342* 97344* 97346* 97347* 97350* 97358* 97360* 97368* 97378* 97396* 97406* 97410* 97413* 97415* 97425* 97427* 97429* 97442* 97443* 97447* 97463* 97466* 97484* 97488* 97492* 97497* 97503* 97520* 97522* 97523* 97524* 97526* 97527* 97531* 97532* 97534* 97536* 97537* 97538* 97539* 97541* 97543* TN VA VA... elevation based zip codes
7 ...VA WA WA...
8 ...WA elevation based zip codes 98022* 98045* 98065* 98220* 98223* 98224* 98225* 98226* 98227* 98228* 98229* 98230* 98240* 98247* 98248* 98251* 98252* 98264* 98284* 98288* 98294* 98304* 98305* 98320* 98321* 98323* 98326* 98330* 98331* 98336* 98338* 98355* 98356* 98360* 98362* 98363* 98381* 98382* 98391* 98520* 98526* 98548* 98555* 98560* 98563* 98564* 98575* 98601* 98603* 98616* 98649* 98671* 98675* * Elevation Based Zip Codes - Use of backer for exterior application in these CA, OR & WA zip codes is only appropriate for elevations below 2000 ft. If you are unsure of your elevation, visit or call HARDIE James Hardie Technology Limited. All rights reserved. TM, SM, and denote trademarks or registered trademarks of James Hardie Technology Limited. is a registered trademark of James Hardie Technology Limited. HB1130 1/12
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