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t <br />EVERGUARD SURFACING <br />25 Berry Hill Road Oyster Bay, NY 11771 Phone#516- 8640550 Fax #516 - 8640552 <br />Warranty <br />Everguard Surfacing warrants to the BUYER that materials supplied for Buyer's <br />Everguard Surfacing system will be free of defects in manufacture at the time of <br />its delivery to the job site and will meet all specifications for content and quality <br />as detailed by the manufacture of the material. <br />If upon inspection by the SELLER, the Everguard Surfacing materials evidence <br />manufacturing defects, Seller's liability and Buyer's remedies are limited, at <br />Seller's option, to the repair or replacement of the defective material at the FOB <br />Point of the original sale. <br />SELLER further warrants the Everguard Surfacing system will not prematurely <br />deteriorate to the point of failure because of weathering for period of (5) years <br />from the date of sale if properly installed, maintained and used for the purpose <br />for which the SELLER intended. BUYER shall give the SELLER notice of all <br />claims for any cause whatsoever (whether such cause be based in contract, <br />negligence, strict liability, or otherwise) in writing, with photos, within twenty (20) <br />days after the date upon which such installation was completed. <br />If upon inspection by the SELLER, the Everguard Surfacing system shows <br />premature deterioration to the point of failure because of weathering within the <br />(5) year period stated herein, Seller's liability and Buyer's remedies are limited at <br />the Seller's option to the providing of repair material or credit to be applied <br />toward the purchase of a new system, the value of these remedies being <br />determined by the SELLER based upon the number of remaining months of the <br />unexpired warranty used to pro -rate at the current price of materials. The <br />maximum pro -rated value allowed by the SELLER for repair and credit shall not <br />exceed the original material purchase price. <br />Jce&Esnrfacinc1 com - www.everc_uard.com <br />