WHAT’S COVERED? WHO’S COVERED? HOW LONG?
NMI Fence offers a limited lifetime warranty on P.V.C. White, Tan, Gray, and Adobe colors only, and a twenty (20) year limited warranty on P.V.C. wood grain products. This warranty extends only to the original purchaser, and is non-transferable. Subject to the conditions and limitations listed herein, NMI Fence warrants its vinyl fence products to be free from defective workmanship and materials, and when subject to normal and proper use, against surface peeling, rot, splitting, corrosion, flaking, rusting, blistering, abnormal weathering, and abnormal discoloration. NMI Fence warrants only those products manufactured by it. This warranty covers only the repair and/or replacement of materials/products, and specifically does not cover the cost of removing or disposing of any product, or the cost of installing any replacement product furnished under the terms of the warranty. Notwithstanding the foregoing, gates and double drive gates up to 60″ (5′ per leaf) or 2 leafs with a maximum opening of (10′) feet will only be covered for 90 days against manufacturer’s defects or clean weld failure due to stress related cracks that happen under normal usage. There is no warranty for gates, removable sections and double drive gates with a larger span set forth in the previous sentence. Gates must be properly secured during exposure to storm related winds. If gates are blown backward due to lack of properly securing, stress will result, causing fracture and/or weld separation that will not be covered under warranty. The time period of this warranty begins on the date of the installation of the product.
WARNING
NMI Fence employees are not qualified to approve, recommend or advise as to the suitability of NMI Fence products for all possible uses or applications. No distributor, dealer, or other person is authorized by NMI Fencee to change this warranty or to make any additional representation, warranty, promise, guarantee or other assurance on behalf of NMI Fence. NMI Fence products cannot be expected to contain large animals (including but not limited to horses), and therefore, NMI Fence makes no representation about and does not warrant against the failure or breach of any such containment.
CLAIMS AND REMEDIES
A claim under this warranty must be reported in writing, together with proof of purchase, to NMI Fence, 2 Neil Court.
Oceanside, NY, 11572, within thirty (30) days of the date that the alleged defect is first discovered or reasonably could have been discovered. NMI Fence will then have a reasonable time to inspect or, at NMI Fence’s option, to have the product shipped at the owner’s expense, prepaid, to NMI Fence for examination of the alleged defect. Interstate Wholesale Fence shall be the sole judge of whether the product is defective and whether the defect is due to manufacturing. If after inspection, NMI Fence determines the claim is in accordance with the terms of this warranty, then NMI Fence will, at its option, repair or replace the defective section or part, or provide a refund in the amount of the price originally paid by the purchaser for the defective section or part.
IN NO EVENT SHALL NMI FENCE BE LIABLE TO THE PURCHASER OR ANY OTHER PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES SUFFERED OR INCURRED BY SUCH OTHER PARTY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, EXCEPT FOR DAMAGES DUE TO GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, NMI FENCE’S LIABILITY FOR DAMAGES OF ANY TYPE RELATED TO OR ARISING OUT OF THE PRODUCTS PURCHASED BY THE PURCHASER AND/OR THIS WARRANTY IS LIMITED TO AND SHALL NOT EXCEED THE SUM PAID TO NMI FENCE FOR THE PRODUCTS.
REGISTRATION OF WARRANTY
To obtain coverage under this warranty, the warranty must be registered. Please contact your fence supplier for more details.
EXCLUSIONS
NMI Fence shall not be liable for, and this warranty does not apply to, any failure, defect or damage resulting from, caused by, or connected with, among other things, the following: installation or handling of products after they leave our factory, including any lack of performance or improper performance in any way, by the contractor or other installer; abnormal use, unreasonable use, or misuse of the products; the application of paint, varnish or other coating or chemical not approved by NMI Fence; weathering; oxidation; mold; mildew; settling of the building; failure of the structure (including foundations and walls); use of incompatible accessories or products not manufactured by NMI Fence; fire; flood; lightning; ice; freezing; wind; human-borne objects; earthquake; hurricane; sun; cyclone; gale; tornado; other weather of a catastrophic nature; sprinkler systems; other acts of God; intentional acts; physical abuse; vandalism; graffiti; riot; insurrection or civil disorder; accidents; corrosive atmospheres (such as those contaminated by acid rain, harmful chemicals or vapors); and/or distortion, warping, or melting of the fence products due to exposure to excessive heat and heat sources, including but not limited to, barbeque grills, or exposure to unusual or excessive reflective heat sources (e.g., skylight or window reflection, pools, decks, blacktop or concrete materials). NMI Fence shall also not be liable for any labor, transportation or installation costs, and/or color or pattern variance between any new replacement section or piece and other sections or pieces. NMI Fence reserves the right to discontinue or modify any product line or color without notifying the original purchaser. If the original product is not available, we retain the right to choose to provide replacement material of similar value or quality. NMI Fence shall also not be liable for any fading, color change, or color match on any variegated profiles or accessories (including but not limited to the following colors: Cedar, Cyprus and Ebony Black). Further, color change due to weathering that is even and equal when exposed to the same or similar sunlight and other environmental conditions is excluded from the warranty because weathering will cause any colored surface to gradually lighten, darken, chalk, or accumulate dirt or stains.
DISCLOSURE
THIS DOCUMENT CONSTITUTES THE EXCLUSIVE WARRANTIES AND REMEDIES PROVIDED BY NMI FENCE. THE WARRANTIES AND REMEDIES CONTAINED IN THIS DOCUMENT ARE EXPRESSLY IN LIEU OF ANY AND ALL OTHER OBLIGATIONS, GUARANTEES AND WARRANTIES, WHETHER WRITTEN, ORAL OR IMPLIED BY STATUTE OR AT LAW. THIS WARRANTY AND ALL MATTERS RELATING HERE TO SHALL BE GOVERNED AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK APPLICABLE TO AGREEMENTS ENTERED INTO AND PERFORMED WHOLLY WITHIN THE STATE OF NEW YORK, AND WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES. ANY ACTIONS UPON OR ARISING OUT OF THIS WARRANTY SHALL BE BROUGHT SOLELY AND EXCLUSIVELY IN THE COURTS OF THE COUNTY OF NASSAU, STATE OF NEW YORK. IF ANY PROVISION OF THIS WARRANTY SHALL BE DECLARED INVALID OR ILLEGAL FOR ANY REASON WHATSOEVER, THEN, NOTWITHSTANDING SAME, THE REMAINING TERMS AND CONDITIONS OF THIS WARRANTY SHALL REMAIN IN FULL FORCE AND EFFECT. THIS WARRANTY SHALL NOT BE DEEMED OR CONSTRUED TO HAVE BEEN MODIFIED OR AMENDED, EXCEPT BY WRITTEN INSTRUMENT SIGNED BY NMI FENCE.