Rapid Recess warrants, to the original purchaser only, that each Product will be free from substantial defects in materials, manufacturing and design if properly specified, installed, and when used in accordance with the design limits and the structural, technical, and specifications in the Rapid Recess documentation. Rapid Recess herein referred to as RR.
This Limited Warranty is void and does not apply to any (a) Product purchased from an unauthorized dealer, retailer or distributor, (b) Product deterioration or damage due to environmental conditions or inadequate or improper handling, transportation, storage, (c) cosmetic defects, including discoloration, (d) failure or damage caused by improper installation, application, or preparation, (h) failure or damage caused by the use of a Product with any fasteners not approved by RR, (j) failure or damage caused by the building site, foundation, or any third-party products, building materials or components, (k) failure or damage caused by use of a Product in a structure that has a design or other defect or that does not comply with all applicable building codes, laws, rules and regulations, (l) modified Product, or any nonstandard use or application of a Product, (m) failure or damage caused by corrosion due to exposure to chemicals or other hazardous substances, a corrosive environment or materials, inadequate moisture protection, or premature deterioration of building materials, (n) failure or damage caused by an act of God, including any hurricane, earthquake, tornado, lightning, ice, snow, high wind, flood or other severe weather or natural phenomena, (o) installation services or workmanship, including any failure or damage caused by installation of any Product, whether or not in accordance with the RR Documentation, or (p) failure or damage caused by the gross negligence, willful misconduct, or other acts or omissions of the builder, general contractor, installer or any third party, including the building owner. Notwithstanding the foregoing, RR disclaims and does not provide any warranty related to the design of any custom-order or non-catalog Product.
RR Products are designed for a specific use, lowering 23/32” plywood subfloor for installation of recommended (approved) curbless showers. Each Product is designed for the load capacities and uses listed in the RR Documentation, subject to the limitations and other information set forth in the RR Documentation. Products must be properly installed in accordance with applicable building codes, laws, rules and regulations.
All warranty obligations of RR shall be limited, at RR’s absolute discretion, to either repairing the defective Product or providing a replacement for the defective Product. This remedy constitutes RR’s sole obligation and liability and the sole and exclusive remedy of purchaser and, without limiting the generality of the foregoing, excludes any labor or other costs incurred in connection with a warranty claim. Purchaser assumes all risk and liability associated with any use of the Product, including but not limited to suitability for its intended use.
The limited warranty herein is expressly in lieu of all other warranties, and, where lawful, RR disclaims all other warranties, including but not limited to implied warranties of merchantability and fitness for a particular purpose and warranties arising from course of performance, course of dealing or trade usage. In no event will RR be liable for incidental, consequential, punitive or special damages or direct or indirect loss of any kind, including but not limited to property damage, death and personal injury. Rapid Recess’s entire liability is limited to the purchase price of the defective Product. Some states do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion 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.
To obtain warranty service, you must contact Rapid Recess at 1-970-852-0505 or at Rapid Recess, P. O. Box 2107, Silverthorne, CO 80498, or email@example.com regarding any potential claim, no later than sixty (60) days after you discover the potential claim. Upon request by RR, you must provide RR with: (a) proof of purchase and written records evidencing, in reasonable detail, the date and manner of installation, application, and preparation of the Products, as applicable, (b) a reasonable opportunity to inspect the site where the Product was installed, and (c) samples of the Products from the actual installation in sufficient quantities in order for RR to perform testing to determine whether or not the Product failed as set forth herein. Rapid Recess may, in its absolute discretion, request that you return the allegedly defective Products to RR, in which case RR will issue a Return Materials Authorization (RMA), which must be completed and returned to RR with the Product. Rapid Recess is not responsible for any costs or expenses incurred in connection with any inspection (other than by Rapid Recess employees) or in connection with the return of Products to RR, but RR shall bear all costs and expenses incurred in connection with the shipment of replacement Products in the event that RR determines that the Product should be replaced in accordance with this Limited Warranty. If RR elects to repair or replace the Product, RR shall have a reasonable time to do so.
No one is authorized to change or add to this Limited Warranty. If at any time Rapid Recess does not enforce any of the terms, conditions or limitations stated in this Limited Warranty, Rapid Recess shall not have waived the benefit of said term, condition or limitation and can enforce it at any time. This Limited Warranty is extended only to the original purchaser and is not transferrable. It is not intended nor shall it be construed to create rights in any third party.