MODA PERGOLAS

Limited Warranty

ALUMINUM STRUCTURES LIMITED LIFETIME WARRANTY

Subject to the conditions and limitations listed herein, MODA PERGOLAS warrants its aluminum structures to be free from defective workmanship and materials and, when subject to normal and proper use, against surface peeling, rot, structural damage from termites, splitting, flaking, rusting, and blistering, abnormal weathering or abnormal discoloration.

WHITE / TAN VINYL LIMITED LIFETIME WARRANTY

Subject to the conditions and limitations listed herein, MODA PERGOLAS warrants its White or Sandstone Tan vinyl to be free from defective workmanship and materials and, when subject to normal and proper use, against surface peeling, rot, structural damage from termites, splitting, flaking, rusting, and blistering, abnormal weathering or abnormal discoloration.

BLACK VINYL 10 YEAR LIMITED WARRANTY

Subject to the conditions and limitations listed herein, MODA PERGOLAS warrants its Black vinyl to be free from defective workmanship and materials and, when subject to normal and proper use, against surface peeling, rot, structural damage from termites, splitting, flaking, rusting, and blistering, abnormal weathering or abnormal discoloration for a period of 10 years from the date of purchase.

POLYCARBONATE ROOF WARRANTY

Subject to the conditions and limitations listed herein, MODA PERGOLAS warrants its polycarbonate panels to be free from defective workmanship and materials and, when subject to normal and proper use, against surface peeling, rot, structural damage from termites, splitting, flaking, rusting, and blistering, abnormal weathering or abnormal discoloration for a period of 10 years from the date of purchase.

WIND LIMITED WARRANTY

MODA PERGOLAS warrants its structures, when properly installed with Hurricane Clips, to withstand damage from winds up to 150mph. We will replace or refund the purchase price of damaged materials. Damaged components are subject to the terms below and do not include damage from wind-blown objects.

MODA PERGOLAS does not warrant damage from wind without installation of Hurricane Clips.

This warranty extends only to the original purchaser. This warranty does not cover the cost of installing any product, the cost of removing or disposing of any product, or the cost of installing any replacement product furnished under the terms of the warranty.

The lifetime coverage of this warranty only covers products used on residential property where the owner resides, during the owner’s lifetime. The warranty period for products installed on property that is not residential property where the owner resides, including but not limited to schools, condominiums, apartment buildings, and rental property – or on property owned by other owners including but not limited to corporations, government agencies, partnerships, trusts, religious organizations, and cooperatives will be thirty (30) years following the installation of the products and is limited to the original owner (non-transferable).

Exclusions

MODA PERGOLAS shall not be liable for and this warranty does not apply to any failure, defect, or damage resulting from or connected with the following:

Installation or handling of products after they leave our facility, including any lack of performance or improper performance in any way by the contractor or other installer
Abnormal use of the products
The application of paint, varnish, or other coating or chemical not approved by MODA PERGOLAS or the application of heat or radiation from an external source such as a barbecue grill, another appliance, fire, or reflection from windows or doors
Any lack of compatibility between our products and any other product not manufactured by us that causes damage to or failure of our products
Labor, transportation, or installation costs
Color or pattern variance between any new replacement section or piece and other sections or pieces. (We reserve the right to discontinue or modify any product line or color without notifying the original purchaser. If the original product is not available, we retain the right to choose to provide replacement material of equal value or quality.)
Damage caused by, among other things, weathering, oxidation, mold, mildew, settling of the building, failure of the structure (including foundations and walls), use of incompatible accessories, fire, flood, lightning, ice, wind-borne objects, earthquake, sun, acts of God, intentional acts, unreasonable use, misuse, physical abuse, vandalism, riot, insurrection or civil disorder, accidents, or corrosive atmospheres (such as those contaminated by acid rain, harmful chemicals, or vapors)
Color change due to weathering that is even and equal when exposed to the same or similar sunlight and other environmental conditions is excluded from the warranty because weathering will cause any colored surface to gradually lighten, darken, chalk, or accumulate dirt or stains (the severity of these conditions depends on air quality, the geographic location of the property, and other local conditions over which MODA PERGOLAS has no control)
Other defects not caused by MODA PERGOLAS
Ordinary wear and tear

Warning - MODA PERGOLAS and its employees are not qualified to approve, recommend, or advise as to the suitability of MODA PERGOLAS products for all possible uses or applications.

The local building code authority or fire marshal’s office should be consulted on the safety and suitability of any MODA PERGOLAS product for proposed use.

Claims and Remedies

A claim under this warranty must be reported in writing, with proof of purchase, to MODA PERGOLAS, 19046 Bruce B. Downs Blvd. Suite 412, Tampa, Florida, 33647, within thirty (30) days of the date that the defect is first discovered or reasonably could be discovered. MODA PERGOLAS will then have a reasonable time to inspect or, at MODA PERGOLAS’ option, to have the product shipped to MODA PERGOLAS for examination of the alleged defect. MODA PERGOLAS may require photographs of components or the structure to ascertain misuse or improper installation. MODA PERGOLAS shall be the sole judge of whether the product is defective and whether the defect is due to manufacturing or installation. If, after its inspection, MODA PERGOLAS determines the claim is in accordance with the terms of this Limited Lifetime Warranty, then MODA PERGOLAS will, at its option, replace the defective section or part or provide a refund according to the following schedules:

The residential property where the owner resides (limited to original owner)

0 to 25 years, the full purchase price of products.
25+ years, 50% of the purchase price of products.

All other owners and uses (limited to original owner)

0 to 15 years, the full purchase price of products.
15 to 25 years, 50% of the purchase price of products.

THE FOREGOING EXPRESS WARRANTY EXCLUDES ALL OTHER EXPRESS WARRANTIES. ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, IS LIMITED IN DURATION TO THE DURATION OF THE EXPRESS WARRANTY CONTAINED IN THIS WARRANTY DOCUMENT UNLESS A SHORTER PERIOD IS PERMITTED BY LAW. IN NO EVENT WILL MODA PERGOLAS BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF BREACH OF THIS WARRANTY OR THE PURCHASE, INSTALLATION, OWNERSHIP, OR USE OF MODA PERGOLAS BUILDING PRODUCTS. YOUR EXCLUSIVE REMEDY AND MODA PERGOLAS’ EXCLUSIVE LIABILITY FOR ANY BREACH OF WARRANTY IS LIMITED TO WHAT APPEARS IN THIS DOCUMENT. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC RIGHTS, AND YOU MAY HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

This warranty shall only be applicable & enforceable in the United States of America.

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