SUNSET PERGOLA KITS LIMITED WARRANTY

Subject to the conditions and limitations listed herein, Sunset Pergolas warrants its vinyl 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.

Wind

Sunset Pergolas warrants its structures, when properly installed with High-Wind Brackets, to withstand damage from wind. We will replace or refund the purchase price of damaged materials. Damaged components are subject to terms below and do not include damage from wind-blown objects.

Sunset Pergolas does not warrant damage from wind without installation of High-Wind Brackets.

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

Sunset 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 Sunset 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 Sunset Pergolas has no control)
  • Other defects not caused by Sunset Pergolas
  • Ordinary wear and tear

Warning

Sunset Pergolas and its employees are not qualified to approve, recommend, or advise as to the suitability of Sunset Pergolas products for all possible uses or applications. Your local building code authority or fire marshal’s office should be consulted on the safety and suitability of any Sunset Pergolas product for a proposed use.

Claims and Remedies

A claim under this warranty must be reported in writing, with proof of purchase, to Sunset Pergolas, 217 E Pine Suite 102, Meridian, ID 83642, within thirty (30) days of the date that the defect is first discovered or reasonably could be discovered. Sunset Pergolas will then have a reasonable time to inspect or, at Sunset Pergolas’ option, to have the product shipped to Sunset Pergolas for examination of the alleged defect. Sunset Pergolas may require photographs of components or the structure to ascertain misuse or improper installation. Sunset 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, Sunset Pergolas determines the claim is in accordance with the terms of this Limited Lifetime Warranty, then Sunset Pergolas will, at its option, replace the defective section or part or provide a refund according to the following schedules:

Residential property where the owner resides (limited to original owner)

  • 0 to 25 years – full purchase price of products
  • 25+ years – 50% of purchase price of products

All other owners and uses (limited to original owner)

  • 0 to 15 years – full purchase price of products
  • 15 to 25 years – 50% of 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 SUNSET 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 SUNSET PERGOLAS BUILDING PRODUCTS. YOUR EXCLUSIVE REMEDY AND SUNSET 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 and enforceable in the United States of America and Canada.