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NEW CONSTRUCTION LIMITED LIFETIME WARRANTY
1. WARRANTY: Microbloc Corporation warrants to customer that the surfaces treated with Microbloc® DSP will not incur microbial decay resulting from the failure of our technology during the life of the warranty period.
2. WARRANTY COVERAGE: The warranty period is equal to the life of the substrates treated at the property. Subject to all the terms and conditions of this Warranty, Microbloc Corporation sole responsibility will be limited to the replacement or repair, at Microbloc Corporation discretion and in accordance with State building codes, of all surfaces treated with Microbloc® DSP that have suffered microbial decay resulting from the failure of Microbloc® DSP during the life of the warranty period. Microbloc Corporation will exercise its’ professional judgment and shall have the sole option to select the best method by which to remedy or repair the affected area within a reasonable time.
3. WARRANTY REGISTRATION FORM: The warranty and warranty registration instructions can be obtained by sending an email to warranty@microbloccorporation.com, and consists of information relating to the treated property, builder and applicator. The customer shall be defined as the builder until such time as the property depicted on the warranty registration form is sold to the property owner. Thereafter the customer shall be defined as the property owner and the warranty bond to the property.
4. CLAIM NOTIFICATION: Upon the Customers awareness of any event of water damage, water leak(s) or the unlikely event of microbial growth involving any surfaces treated with Microbloc® DSP, the customer must report, in writing, such event by submitting a properly completed warranty claim to Microbloc Corporation at claim@microbloccorporation.com within 72 hours of first becoming aware of such event. Upon notification, Microbloc Corporation or its authorized representatives will promptly investigate the claim to determine Microbloc Corporation obligations under this Warranty. Microbloc Corporation will promptly notify Customer by certified mail of findings, and Microbloc Corporation action plan for the resolution of the claim. Furthermore, the Customer must take all reasonable action requested by Microbloc Corporation to mitigate any further damage to treated surfaces.
5. WARRANTY EXCLUSIONS AND LIMITATIONS - THIS WARRANTY DOES NOT COVER AND MICROBLOC CORPORATION WILL NOT BE RESPONSIBLE FOR ANY OF THE FOLLOWING:
A. NON-ADHERANCE TO THE NORMI “CERTIFICATE OF SANITIZATION”. B. SUBSTRATES TREATED WITH Microbloc® DSP EXPOSED TO UV LIGHT. C. SUBSTRATES TREATED WITH Microbloc® DSP EXPOSED TO WEAR AND TEAR. D. SUBSTRATES TREATED WITH Microbloc® DSP NOT PROTECTED AND/OR ENCAPSULATED AGAINST ABRASION. E. MICROBLOC CORPORATION DOES NOT WARRANTY INDOOR AIR QUALITY. F. A REPORTABLE EVENT OR CLAIM NOT SUBMITTED IN COMPLIANCE WITH SECTIONS 4 OR 6. G. MISUSE, NEGLECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES. H. ACTS OF GOD, INCLUDING FLOOD, FIRE, TORNADOES, OR OTHER VIOLENT STORMS OF CASUALTY. I. THE USE OF OTHER CHEMICALS, PROCESSES OR CONTRACTORS OUTSIDE OF THE RECOMMENDATION OF MICROBLOC CORPORATION.
6. DISPUTES AND SEVERABILITY: The Customer and Microbloc Corporation specifically agree that any controversy or claim arising out of this warranty shall be settled by arbitration in the State of North Carolina administered by the American Arbitration Association under its Commercial Arbitration Rules. Judgment on any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereby. If any part of this warranty shall be determined to be invalid, then such portion shall be deemed severed from this warranty and the remaining terms, exclusions and limitations shall apply.
7. LEGAL PROTECTION: In the event that litigation is brought against the builder, resulting from the failure of Microbloc® DSP on the property as per the warranty registration form, then Microbloc Corporation shall defend the builder or settle the lawsuit on the builder’s behalf. Microbloc Corporation shall incur all costs associated with the legal representation. In the rare event that a judgment is entered for the plaintiff, Microbloc Corporation shall pay the cost of such legal settlement.
8. EXCLUSIVE WARRANTY: THIS WARRANTY IS THE ONLY WARRANTY MADE TO CUSTOMER. MICROBLOC CORPORATION MAKES NO OTHER WARRANTY TO CUSTOMER, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. DURATION AND TRANSFERABILITY: This Warranty is only valid during the Warranty Period. This Warranty covers the structure and is transferable to any subsequent owner of said structure.
10. APPLICABLE LAW: This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
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