Warranty
1. Limited Warranty. Folsom Fence Supply offers this limited lifetime warranty for defects in material or workmanship, as well as cracking, peeling, and chipping. In addition, Folsom Fence Supply’s warranty covers shipping and handling damage that exists at time of receipt if reported within 3 days of receipt of product for damage that is apparent from inspection, or within 7 days of receipt for latent defects not readily observable by thorough inspection, except for bundled quantities purchases of components of a full truckload or more. For such bundled components purchased in a full truckload, you will have 90 days from the date of receipt to identify and notify Folsom Fence Supply of any latent defects not readily observable by thorough inspection.
2. Limitations and Exclusions Applicable to Each of the Preceding Warranties. The preceding warranties do not apply when failure or damage is due to improper use or application, abuse or misuse, vandalism, natural disasters/catastrophes, or if products have been altered or modified, subjected to improper storage, improper maintenance, negligence, or used with parts not authorized by the manufacturer including but not limited to: temperature extremes, long term flooding or lack of drainage, packed debris, snow or ice, improper electrical power feed voltage or frequency. This warranty excludes wear, scratches and/or other damage to finishes and painted surfaces due to normal use.
For any product that is not purchased through authorized channels, these warranties shall not apply.
3. Limitation of Certain Implied Warranties and Exclusion of Other Warranties. The above constitutes the complete warranties by Folsom Fence Supply. No other agreement, written or implied, is valid. Folsom Fence Supply does not authorize any other person or agent to make any other express warranties. Folsom Fence Supply neither assumes nor authorizes any other person or agent to assume any other liability in connection with the Product. ANY IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ARE LIMITED IN DURATION TO PERIOD OF THE APPLICABLE EXPRESS WARRANTY FOR THE PRODUCT OR COMPONENT. FOLSOM FENCE SUPPLY HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES—INCLUDING ANY LIABILITY FOR INFRINGEMENT, AND ANY WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
Some jurisdictions do not allow limitations on how long an implied warranty lasts, nor do they allow an exclusion or limitation of incidental or consequential damages; therefore, the limitations and exclusions noted herein may not apply.
4. Transferability of Warranty. This warranty is not transferable, with the following exception: The warranty may be transferred only by the original Customer and only one (1) time to a subsequent buyer of the property on which the materials were originally installed. Within thirty
(30) days from the date of the transfer of the property, the original
Customer shall deliver to Folsom Fence Supply proof of the new buyer, along with proof of the original purchase of Folsom Fence Supply products. During the first ten (10) years after the date of original installation of the materials, a duly transferred warranty shall remain in full force and effect as to all covered materials. After such ten-year period, Folsom Fence Supply’s responsibility under such transferred warranty shall decrease by five percent (5%) per year. At no time, however, shall Folsom Fence Supply’s responsibility under this warranty be less than ten percent (10%) of the original Customer’s price for the materials. Time is of the essence, and failure to comply with the foregoing requirements will terminate this warranty and relieve Folsom Fence Supply of any further obligation under this warranty.
5. Claims Procedure; Inspection. If the material appears to have a defect, the original Customer must advise Folsom Fence Supply and/or the contractor who installed the material. To file a claim made against this warranty, Customer shall submit photographs of the material in question, Sales, or Invoice Order # and a written summary of the issue. If a determination cannot be made using the submitted material, Folsom Fence Supply will dispatch, at its expense and time, a company representative to inspect the product. Upon validation of the claim by Folsom Fence Supply or its authorized representative, redemption by replacement, renewal or issuance of a pro-rated credit shall be made by Folsom Fence Supply. If a warranty claim does not meet the warranty criteria, then the Customer shall be responsible for reimbursing Folsom Fence Supply for service and/or repair costs. This warranty may exclude any onsite labor, travel costs to site and/or expenses in performing service or repair on site, for valid warranty claims.
6. Customer’s Exclusive Remedies for Any Nonconformity. If a Folsom Fence Supply product fails to conform to the warranties set forth herein, Customer must notify and order replacement parts within a reasonable time and in no event more than thirty (30) days after the discovery of the nonconformity. Folsom Fence Supply will investigate and, in the event of a breach, will provide, within a reasonable period of time, one of the following: (1) repair or replacement of any nonconforming products or components or (2) refund of the price upon return of the nonconforming items. Folsom Fence Supply reserves the right to supply used or reconditioned material for all warranty claims. Folsom Fence Supply will not be considered to be in breach of or default under this Warranty because of any failure to perform due to conditions beyond its reasonable control, including any force majeure. This warranty does not cover any incidental expenses, including fines or penalties, temporary security, labor, shipping, travel time or standby time that are incurred for inspection or replacement of any nonconforming items. As a condition of warranty coverage, warranty claims must be submitted in accordance with the procedures described on the Folsom Fence Supply form, “RMA Procedures.”
THE REMEDY SELECTED BY FOLSOM FENCE SUPPLY IN ACCORDANCE WITH THIS PARAGRAPH SHALL BE THE EXCLUSIVE AND SOLE REMEDY OF CUSTOMER FOR ANY BREACH OF WARRANTY.
7. Limitation of Remedies and Damages. LIMITATION OF REMEDIES. FOLSOM FENCE SUPPLY WILL NOT BE LIABLE FOR CLAIMS OR DAMAGES CAUSED BY CUSTOMER’S FAILURE TO FULFILL ITS OBLIGATIONS HEREIN. TO THE FULL EXTENT PERMITTED UNDER APPLICABLE LAW, FOLSOM FENCE SUPPLY SHALL NOT BE LIABLE TO CUSTOMER OR ANY THIRD PARTY WITH RESPECT TO ANY PRODUCT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR: (A) ANY CLAIMS, ACTIONS OR CAUSES OF ACTION ARISING OUT OF, UNDER OR IN CONNECTION WITH ANY ARRANGEMENT BETWEEN CUSTOMER AND ANY THIRD PARTY, OR ANY FAILURE OF PERFORMANCE, BY A THIRD PARTY; OR (B) ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, EVEN IF FOLSOM FENCE SUPPLY IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES OR IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
LIMITATION OF DAMAGES. FOLSOM FENCE SUPPLY’S MAXIMUM LIABILITY HEREUNDER, REGARDLESS OF THE LEGAL THEORY, SHALL NOT EXCEED LESSER OF (I) THE CONTRACT PRICE OF THE PRODUCTS FOLSOM FENCE SUPPLY FURNISHED; OR (ii) THE AGGREGATE OF FEES PAID TO FOLSOM FENCE SUPPLY FOR PRODUCTS DURING THE TWELVE MONTHS IMMEDIATELY
PRECEDING THE DATE ON WHICH THE MOST CURRENT EVENT GIVING RISE TO SUCH LIABILITY OCCURRED.
8. Severability. If any provision of this warranty is found to be invalid or unenforceable, then the remainder shall have full force and effect.
9. Proprietary Rights. Folsom Fence Supply shall retain all rights to designs, drawings, patterns, plans, specifications, technology, technical data and information, technical processes and business methods, whether patentable or not, arising out of or resulting from Folsom Fence Supply rendering services to and designing products for Customer’s use. Customer agrees not to enforce against Folsom Fence Supply or Customers of Folsom Fence Supply any patent rights, the scope of which includes a system, process or business method utilizing products or engineering services delivered hereunder by Folsom Fence Supply and which relates to an invention, improvement, enhancement or development made by or for Customer.
10. Applicable Law. This warranty will be interpreted, construed, and enforced in all respects in accordance with the laws of the State of North Carolina, without reference to its choice of law principles. The
U.N. Convention on Contracts for the International Sale of Goods will not apply to this warranty.
To activate Folsom Fence Supply’s limited lifetime warranty, return of this completed Warranty Registration Card to Folsom Fence Supply within 10 days after installation is required. Download the PDF below to complete the Warranty Registration Card.