a. improper use, application, or installation of Sculptured Stone Inc.’s products, use of. products as part of improperly designed or constructed assemblies or buildings or with defective adjacent materials or assemblies; c. failure to follow applicable specifications, instructions, and construction details; d. use of any sealing or coating on the stone other than one that is silane or siloxane-based in strict compliance with the sealant manufacturer’s instructions; e. other design or construction defects, deficiencies, and failures on a building where Sculptured Stone Inc. product is used; f. undertaking on-site inspections or any on-site activities or making oral statements at the site; g. any damage or injury whatsoever caused in whole or in part by acts of God, natural phenomenon, or physical abuse such as but not limited to falling objects, projectiles, fire, earthquake, floods, windstorms, hail, tornadoes, lightning, hurricanes, other abnormal weather conditions, pests, chemical fumes, foreign substances in the air, misuse, vandalism, civil disobedience, war, damage caused by remodeling or renovation; h. damage resulting from moisture intrusion, mold, settlement of building, or other building or wall movement; i. discoloration or deterioration due to airborne contaminates; or contact with any chemicals or paint; staining or oxidations; j. any accumulation of water or moisture in wall assemblies; k. negligence or accidents by any party or parties in maintaining the Sculptured Stone Inc. . materials, including but not limited to the use of pressure washer or harsh or acid chemicals of any nature, including vinegar, to clean; l. replacement of stone if Sculptured Stone Inc. product is mixed with other chemicals or materials not approved by Sculptured Stone Inc. in writing; m. any cause beyond Sculptured Stone Inc. control; and n. any workmanship, aesthetics, or other damage or injury not solely and directly caused by a manufacturing defect in Sculptured Stone Inc.. products as covered under this warranty. Page 2 of 4 W TM WARRANTY (cont.) 6. THIS LIMITED EXPRESS WARRANTY IS EXCLUSIVE, THE ONLY WARRANTY MADE BY Sculptured Stone Inc., AND IS IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES OF ANY NATURE WHATSOEVER TO THE ORIGINAL OR SUBSEQUENT PURCHASERS OR USERS UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY LAW OR OTHERWISE, EXCEPT FOR ACTUAL ECONOMIC DAMAGES FOR PERSONAL PHYSICAL BODILY INJURY. ALL OTHER WARRANTIES, REPRESENTATIONS, OR REMEDIES, WHETHER ORAL, WRITTEN, EXPRESS OR IMPLIED, OR IMPOSED BY LAW ARE DISCLAIMED BY ES AND ARE WAIVED BY THE PURCHASER, PARTICULARLY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING USAGE OR TRADE PRACTICE, OR ANY WARRANTY AGAINST PATENT INFRINGEMENT OR WARRANTY FOR WORK PERFORMED IN A WORKMANLIKE MANNER. SCULPTURED STONE, INC. SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES TO ANY PARTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, DAMAGE TO THE BUILDING OR ITS CONTENTS, AND ATTORNEY’S FEES. THIS EXCLUSION OF DAMAGES INCLUDES BUT IS NOT LIMITED TO PAYMENTS OF ANY NATURE MADE BECAUSE OF ACTUAL OR POTENTIAL LIABILITY TO OTHERS, DAMAGES TO ANY OTHER PART OF THE STRUCTURE TO WHICH THE WARRANTED PRODUCTS ARE INCORPORATED OR DAMAGE TO ANY OTHER PROPERTY. 7. Sculptured Stone Inc. shall have no further obligation or liability of any kind, other than as stated in this document, and it is further agreed and understood that the price paid for Sculptured Stone Inc. stones is consideration for the limitation of Sculptured Stone Inc. liability here under. 8. Warranty coverage is limited to replacement or repair of defective materials as stated above only and does not cover labor to remove or install materials and does not cover the cost of shipping replacement product. The remedies contained herein shall be sole and exclusive. 9 Sculptured Stone Inc. obligations under this warranty shall only begin if the owner notifies Sculptured Stone Inc. in writing, within sixty (60) days of actual or constructive notice of the alleged defect. Sculptured Stone Inc. shall be allowed a reasonable period of time and authorization to remove samples, so as to perform any testing Sculptured Stone Inc. deems necessary to investigate and determine the cause of the defect. The Owner shall make temporary repairs in a timely manner to prevent further damage to the structure, contents of the building, and the Sculptured Stone Inc. stones until the cause of the defect is determined and permanent repair recommendations may be made. 10 Sculptured Stone Inc.'s obligation to supply replacement stone pursuant to this Warranty shall become null and void if in the sole judgment of Sculptured Stone Inc. any of the following events shall occur: (i) if after installation of the Sculptured Stone Inc. stones, there are any alterations or repairs made to the building that affect any component of the wall assembly of which Sculptured Stone Inc. stones are a part in any way; (ii) if the Owner or any of Owner’s tenants fail to use reasonable care in maintaining the Sculptured Stone Inc.. stones before and after installation; (iii) if the Sculptured Stone Inc. stones are installed in a manner that causes them to be repeatedly or continuously wet, such as if installed in the direct path of a water sprinkler, pool, jacuzzi, or similar water device; or (iv) if the Sculptured Stone Inc. stones are installed in an area that exposes them to de-icing salts or other harsh chemicals. Page 3 of 4 WARRANTY (cont.) 11. Applicability of the Magnusson-Moss Act is hereby disclaimed. 12. Any provision of this warranty that is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity of enforceability of such provision in any other jurisdiction Sculptured Stone Inc. failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provisions. 13. This warranty shall be interpreted under the laws of the State of New York. 14. Neither the sales personnel nor other agents Sculptured Stone Inc. are authorized to make warranties about the merchandise described in this contract. ORAL STATEMENTS BY Sculptured Stone Inc. EMPLOYEES OR AGENTS DO NOT CONSTITUTE WARRANTIES, SHALL NOT BE RELIED UPON BY THE BUILDING OWNER OR ANY THIRD PARTY, AND ARE NOT PART OF THE CONTRACT FOR SALE OR WARRANTY STATED HEREIN. NO DISTRIBUTOR, DEALER, OR REPRESENTATIVE OF Sculptured Stone Inc. HAS THE AUTHORITY TO CHANGE OR MODIFY THIS WARRANTY EITHER ORALLY OR IN WRITING IN ANY RESPECT. THE ENTIRE AND FINAL CONTRACT IS EMBODIED
PHONE
(973) 244 - 4400 | (973) 557-1481
ADDRESS
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Sat: 08:00 am – 12:00 pm
Sun: Closed
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