Warranty Statement
This Warranty is extended to you, the purchaser, by Apex Metals Supply, henceforth called “AMS.” Subject to the terms and conditions set forth in this Certificate, AMS warrants that the coating on Forever LifeTime Gutter Shield (the “Product”) will not flake, chip, crack, peel, split, rot, red rust, or structurally deteriorate as a direct result of manufacturing defects for a period of twenty (20) years from the date of original installation. If any portion or part of the Product fails in any manner described above during that twenty (20) year period as a result of manufacturing defects, AMS warrants that the defective material will be replaced (limited to the cost of material only but not including installation costs).
What To Do in the Event of a Defect
If the Product exhibits a manufacturing defect covered by this Warranty, simply write to Apex Metals Supply, Warranty Claim, 36 Kentucky Avenue, Paterson, New Jersey, 07503, describing the defect and providing your name, property address, date of installation, a copy of your proof of purchase and a copy of this Certificate. IN ORDER TO QUALIFY FOR WARRANTY COVERAGE, YOU MUST DO THIS WITHIN SIXTY (60) DAYS OF THE DATE THE DEFECT IS FIRST DISCOVERED OR REASONABLY COULD HAVE BEEN DISCOVERED.
AMS will reply to you within a reasonable period of time after it receives your claim, and it reserves the right to require you to furnish additional information or evidence. Further, AMS reserves the right to inspect the Product claimed to be defective within a reasonable period of time after it receives your claim.
Limitations and Exclusions
The warranties set forth in this Certificate are the only warranties extended by AMS in connection with your Product and are in lieu of all other warranties express or implied including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. THE REMEDIES SET FORTH IN THIS CERTIFICATE SHALL CONSTITUTE YOUR EXCLUSIVE REMEDIES, AND AMS’S SOLE LIABILITY, FOR BREACH OF THE WARRANTIES SET FORTH IN THIS CERTIFICATE. AMS shall not be liable to you for special, exemplary, indirect, incidental, or consequential damages for the breach of any warranty in connection with your Product and the only remedy available to you in connection with your purchase of the Product shall be replacement of the defective material in accordance with this Certificate.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion or limitation may not apply to you. This Warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
This Warranty covers only the particular defects described in this Certificate and only if they arise during normal use and service. It does not cover defects attributable to causes or occurrences beyond AMS’s control and unrelated to the manufacturing process, including, but not limited to, faulty or improper installation, normal weathering, oxidation, exposure to corrosive atmospheres (such as those contaminated with salt or salt spray, acid rain, harmful chemicals or vapors), mildew, unreasonable use, misuse, physical abuse, accidental damage, vandalism, use of incompatible accessories, fire, flood, earthquake, lightning, ice or windstorms, hail or other acts of God, wind-borne objects, building settlement or structural defects of the roof or gutters or the use of harmful cleaning compounds. This Warranty shall not apply if the property has any copper on its roof (whether in the roof itself or in flashings or valleys) or on any area that directs water to the Product. The Product is not intended for use within one (1) mile of any body of salt water, and this Warranty will not apply to any Product installed within one (1) mile of any body of salt water.
This Limited Warranty covers only the Product. It does not cover the gutter, gutter fasteners, roof surface or substrate, fascia or soffit or any damage thereto caused by the installation of the Product. AMS is not the installer and is not responsible for any damage or defect caused by improper installation. Proper installation is defined as outlined in the installation instructions. Improper installation of the Product that gives rise to a defect renders warranty coverage null and void.
Because a color variance may occur between replacement Products in comparison with the original Products due to the normal weathering and aging of the original Products, this will not be indicative of a defect in either the replacement Products or the original Products. AMS reserves the right to discontinue or modify any of its products and colors. In the unlikely event that the original Product is no longer available or is no longer available in the original color, AMS will substitute products of comparable quality and/or colors based on availability.
Any costs or expenses beyond those expressly assumed by AMS under this Warranty shall be the responsibility of the property owner(s).
This Warranty is extended only to you and may not be assigned or otherwise transferred to anyone else. THIS WARRANTY APPLIES ONLY TO PRODUCT INSTALLED ON PROPERTY LOCATED IN THE 48 CONTIGUOUS STATES OF THE U.S.A. AND THE DISTRICT OF COLUMBIA.
