IMPORTANT NOTICE: Read this entire Silver Creek Limited Ten-Year Warranty and Limitation of Liability (“Limited Warranty”). It is important that the warranted products be properly installed and maintained in order for them to function successfully throughout the duration of this Limited Warranty. Depending on the product’s application, installation guides can be found at www.silvercreekstoneworks.com. It is also important for your installer to carefully review the technical information, including specifications, for the chosen use of your Silver Creek products as it may be the responsibility of the installer or design engineer to provide independent soil testing, quality assurance inspection, testing, and design services necessary to insure a safe and functional application.
This Limited Warranty applies only to Silver Creek products, including landscape tiles, pavers, steps, pedestals, tops, caps, and decking, that are purchased and installed in commercial, governmental, or multi-residential facilities within the United States, subject to the stated conditions and limitations. This Limited Warranty applies only to Silver Creek’s products and not to the system into which they may be placed. Nor does this Limited Warranty cover Silver Creek products used in owner-occupied, single-family homes.
LIMITED TEN-YEAR WARRANTY FOR SILVER CREEK PRODUCTS
Silver Creek warrants that its products will be free from defects, including, cracking, spalling, or splitting, and will maintain their structural integrity, for ten years from the date of sale. If Silver Creek is given prompt notice of a defect, it shall, at its sole option: (1) repair or replace the defective product(s), or (2) refund the original purchase price of the defective product(s). If Silver Creek elects to repair the defect, it shall be responsible for the labor to accomplish the repair. If Silver Creek elects to replace the defective product(s), its obligation is to deliver suitable replacement product to owner’s property. This Limited Ten-Year Warranty is transferable.
LIMITATION OF LIABILITY
This Limited Warranty sets forth the maximum liability for our products. IN NO EVENT (INCLUDING WHERE THIS LIMITED WARRANTY IS DEEMED NOT TO APPLY TO THE SALE OR PRODUCT IN QUESITON) SHALL SILVER CREEK, GLS INDUSTRIES, INC., OR ROCKWOOD RETAINING WALLS, INC. BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE SALE, INSTALLATION OR USE OF ANY SILVER CREEK PRODUCTS. Some states do not allow the exclusion or limitation of incidental or consequential damages for consumers, so the above limitation or exclusion may not apply to you.
LIMITATION OF WARRANTY
SILVER CREEK MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES FOR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE.
DISCLAIMER – WHAT THIS LIMITED WARRANTY DOES NOT COVER
Silver Creek is not responsible for or makes no warranty as to:
1. Product failure, loss or damage due to:
Normal wear and tear;
Damage due to improper handling and repeated or extended contact with chemicals, such as deicers;
Products improperly installed or maintained;
Acts of God;
Structural settlement, movement or vibration;
Products that have not been paid for in full.
2. Minor imperfections
Minor imperfections that do not affect the product’s structural integrity;
Variations in product texture or color;
Minor imperfections in shape, appearance, or dimensions covered by ASTM C936/C936M.
CONDITIONS OF WARRANTY – WHAT YOU MUST DO TO RECOVER UNDER THIS LIMITED WARRANTY
Prompt Notice of Defect:
Within the warranty period, you must promptly, and in no case more than one (1) year after any defect or other basis of a claim covered by this Limited Warranty is discovered or should have been discovered, notify Silver Creek of the defect. Any claims otherwise covered by this Limited Warranty, but for which Silver Creek did not receive notice of the defect within one (1) year from the time the problem first became known shall be barred.
LIMITED WARRANTY CLAIM PROCEDURE
Claims under this Limited Warranty may be made in writing to Silver Creek at 7200 N. Hwy. 63, Rochester, MN, 55906. Claims should include the following information:
1. Claimant’s name, address, and phone number and the installation address (if different);
2. A description of the product, purchase price, date and location of purchase, and copies of invoices, if available;
3. A description of the defect(s) (photos are required); and
4. A brief summary of attempts made to address the concerns.
NO STATEMENT OF USEFUL LIFE
This Limited Warranty is not a statement of the useful life of any Silver Creek products.