Warranties

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Limited Warranty

Subject to the conditions and limitations stated in this document, Specialty Construction Brands, Inc. ("SCB") warrants to the original owner that the Dramatic Surface Products ["DSP Products"] listed below will be free from manufacturing defects and will not break down or deteriorate under normal use for the period of time stated below (effective from the date of installation).

DSP™ 510 Standard Self-Leveling Underlayment - 3 Years
DSP™ 520 Premium Self-Leveling Underlayment - 5 Years
DSP™ 530 Ultra Wear Surface/Underlayment - 5 Years
DSP™ 540 Extreme Fiber-Reinforced Underlayment - 5 Years

EXCLUSIVE REMEDY

The DSP Product(s) must be properly applied, using approved materials as enumerated in SCB's specifications, all applicable building code regulations and applicable industry standards. DSP Product(s) must be used within their shelf life and be installed in accordance with SCB's written guidelines and specifications (obtainable through the website at www.dramaticsurfaceproducts. com) in effect on the date of installation. For any valid claim presented under this Warranty, SCB will, at its option, replace the DSP Product(s) or refund the original DSP Product(s) purchase price.

EXCLUSIONS

SCB is not responsible for structural failure or workmanship not in accordance with manufacturer's instructions and the applicable industry standards. SCB is not responsible for normal wear and tear resulting from usage. SCB is not liable for losses due to delays or any other consequential damages. This Warranty is not transferable.

WARRANTIES DISCLAIMED

THE WARRANTY STATED ABOVE IS IN PLACE OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED TO THE EXTENT OF THE LAW. SCB EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH SCB MAY HAVE SUGGESTED THE DSP PRODUCT(S) OR DEVELOPED THE DSP PRODUCT(S) AT THE REQUEST OF THE OWNER AND/OR APPLICATOR, IT IS THE RESPONSIBILITY OF THE OWNER AND/OR APPLICATOR TO TEST AND DETERMINE THE SUITABILITY OF THE PRODUCT(S) FOR THE INTENDED USE AND PURPOSE, AND THE OWNER AND/OR APPLICATOR ASSUMES ALL RISK AND LIABILITY WHATSOEVER REGARDING SUCH SUITABILITY.

LIMITATION OF REMEDIES AND DAMAGES

THE REPAIR/REPLACEMENT REMEDY STATED IN THIS WARRANTY TAKES THE PLACE OF ALL OTHER REMEDIES AGAINST SCB AND IS THE ONLY REMEDY AGAINST SCB AVAILABLE TO OWNER OR TO ANY OTHER PARTY. IN NO EVENT WILL SCB BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) ARISING OUT OF OR CONNECTED TO THE DSP PRODUCT(S), OR TO ANY USE OR MISUSE OF THE DSP PRODUCT(S), REGARDLESS OF ANY STRICT LIABILITY OR NEGLIGENCE OF SCB AND REGARDLESS OF THE LEGAL THEORY (CONTRACT, TORT OR OTHER) USED TO MAKE A CLAIM. IN NO EVENT WILL SCB BE OBLIGATED TO PAY DAMAGES IN ANY AMOUNT EXCEEDING THE ORIGINAL PRICE OF THE DSP PRODUCT(S) SHOWN TO BE DEFECTIVE.

SCB MAY IN ITS SOLE DISCRETION CHOOSE TO MAKE SOME EFFORTS BEYOND ITS LEGAL OBLIGATIONS. SUCH ADDITIONAL EFFORTS WILL NOT IN ANY WAY CHANGE THE LIMITATIONS OF REMEDIES AND DAMAGES STATED IN THIS PARAGRAPH OR EXTEND OR CHANGE THIS WARRANTY. PRIOR TO PURSUING ANY LEGAL REMEDY, ANY CLAIMS, DISPUTES, DIFFERENCES OR DISAGREEMENTS BETWEEN SCB AND THE OWNER, ARISING OUT OF OR RELATING TO THIS WARRANTY, WHICH CANNOT BE AMICABLY SETTLED, WILL BE SUBMITTED TO ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION THEN IN EFFECT.

WARRANTY CLAIMS

Owner shall notify SCB, in writing, within 15 days of the discovery of the alleged defect in the DSP Products covered by this Warranty. Owner will provide SCB with a reasonable opportunity to review and investigate the alleged defect. For any warranty claim that is not valid, owner will pay SCB reasonable charges, including travel and labor, associated with investigation of such claim.

Mail written claims to the following address:

Specialty Construction Brands, Inc.
1105 South Frontenac Street
Aurora, IL 60504-6451
Attn: Technical Support
Dramatic Surface Products

COMPLETE AGREEMENT

This Warranty completely replaces and supersedes any prior oral or written warranties, agreements or representations of SCB relative to the System (if applicable), the DSP Product(s) or the application of such DSP Product(s). No one other than an officer or general manager of SCB is authorized to change this Warranty or any of its provisions. This Warranty applies to installations that take place beginning on February 1, .