Deck Tech warrants that products applied by Deck Tech to wood surfaces that are sealed with DT Series Stain or Sealant will not lift or peel due to poor adhesion or product failure for a period of time beginning on the date of Deck Tech’s original application of such products and ending: (i) 12 months later for clear sealants applied to decks; (ii) 18 months later for colored sealants applied to decks; (iii) 30 months later for solid body stains only when applied to houses; and (iv) 24 months later for solid body stains only when applied to the entire wood surfaces of decks, gazebos, play-sets, trellises, pergolas and fences.
Any claim under this limited warranty must be made by the customer of Deck Tech, in writing, within the applicable time period set out above. Upon receipt of a timely, written claim, Deck Tech will inspect its prior work and determine, in its sole discretion, whether the claim is valid under the terms of this limited warranty.
In the event of a valid, timely claim under this limited warranty, Deck Tech will provide replacement product at its cost. Labor is not included unless a valid, timely warranty claim is made during the first 6 months following the date of Deck Tech’s original application of product, in which case Deck Tech, at its cost, will also provide labor to redo, with replacement product, the prior work of Deck Tech subject to the warranty claim.
Deck Tech makes all reasonable efforts to remove existing stains from wood surfaces. However, it is not always possible to remove 100% of such stains. Deck Tech does not guarantee that all existing stains will be removed. Subsequent stripping may continue to remove existing stains, provided that no additional solid or semi-solid stain products are applied.
Wood is a natural product with properties and imperfections beyond Deck Tech’s control. For example, some wood species contain tree sap that may naturally leach out of the wood. If this occurs, Deck Tech, at its cost, will recoat the affected areas. This limited warranty provision is limited to Deck Tech’s first visit to the jobsite; subsequent visits will be subject to additional charges.
This limited warranty does not guaranty that a wood surface will maintain its original color after the application of a DT Series Stain or Sealant. After the application of product, the wood surface will have a dark appearance which, over time, will gradually become lighter in appearance until the wood surface fades to gray. This lightening of color is normal and should not affect the protective quality of the preservatives contained in the product.
The following items are not covered by this limited warranty:
- New decks (i.e., those generally less than 6 months old), as new wood needs to be conditioned prior to the application of any product;
- Damage to wood surfaces, stains or sealants caused by cleaning products, wood brighteners, chemicals, ice-melting salts, pressure washing, friction, furniture, grills, equipment, planters, decorations and other items, animal secretions, traffic patterns, dirt build-up, or ordinary wear and tear;
- Fading, discoloring or unevenness of wood surfaces, stains or sealants; and
- Acts of nature (e.g., hail, flooding, tornadoes, hurricanes and earthquakes), fire, war, hostilities, and other circumstances beyond the reasonable control of Deck Tech.
- Exotic woods such as but not limited to IPE, Tigerwood, and Cumaru.
This limited warranty is the exclusive warranty applicable to Deck Tech products and services, and supersedes and replaces all prior warranties of Deck Tech. Deck Tech explicitly disclaims any and all other warranties, both express and implied, including, without limitation, any and all warranties of merchantability and fitness for a particular purpose or use, as well as any and all other warranties covering any materials, products, services, losses or damages, including, without limitation, loss of use. The terms of this limited warranty may not be amended or waived by any employee, contractor or agent of Deck Tech. Deck Tech reserves the right, in its sole discretion, to unilaterally interpret, apply, amend and terminate all or any portion of this limited warranty.
This limited warranty is transferable only with the prior written consent of Deck Tech, and subject to all of the terms hereof.
Any legal action arising from or relating to this limited warranty shall be brought and maintained only in a State court sitting in Chicago, Illinois. If Deck Tech is the prevailing party in such legal action, Deck Tech shall be entitled to the reimbursement by the non-prevailing party of all reasonable attorneys’ fees and court costs incurred therein by Deck Tech.