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ROCKY MOUNTAIN COLBY PIPE COMPANY LIMITED PURCHASER'S WARRANTY
Subject to the following paragraphs, for a period of twenty (20)
years beginning on the date of installation (Warranty Period), Rocky Mountain
Colby Pipe Company (Rocky Mountain Colby) warrants to the initial purchaser and
any subsequent owner (Purchaser) of the property known as
_________________________ (Property) that the ABS or PVC Schedule 40 Plastic
Drain Waste and Vent Pipe (collectively the "Pipe"), correctly installed on the
(Property) will be free from defects in materials and workmanship.
Warranty Exclusions
This Warranty only covers defects that result in noncompliance with
the applicable plumbing code and quality standards of the geographic area in
which the Property is located that are in effect at the time the pipe is
installed. This Warranty does not cover a defect that is not material to the
intended use of the Pipe, a defect resulting from usage for which the Pipe is
not intended, or a defect resulting from damage through accident or casualty
occurring during or after the Pipes shipment from any Rocky Mountain Colby
manufacturing plant.
THIS WARRANTY SHALL ONLY BE EFFECTIVE IF PURCHASER MAKES A CLAIM IN
WRITING WITHIN THIRTY (30) DAYS AFTER THE DATE THE DEFECT IS OR SHOULD HAVE
BEEN DISCOVERED. CLAIMS SHALL BE MADE BY NOTIFYING ROCKY MOUNTAIN COLBY AT ITS
ADMINISTRATIVE OFFICE, 5125-B RACE COURT , DENVER,
COLORADO 80216. Upon receipt of the notice, Rocky
Mountain Colby shall be authorized to inspect the Property. If, following the
inspection of the Property, Rocky Mountain Colby determines that a valid
warranty claim exists, Rocky Mountain Colby shall repair or replace, at its
option, (i) the defective pipe and (ii) the damage to those portions of the
Property caused by the defect. All work shall be performed by Rocky Mountain
Colby or subcontractors chosen by Rocky Mountain Colby. ROCKY MOUNTAIN COLBY
WILL NOT HONOR INVOICES, BILLS, OR RECEIPTS FOR LABOR PERFORMED OR MATERIALS
FURNISHED BY OR AT THE DIRECTION OF THE PURCHASER.
Liability Limitations
Rocky Mountain Colby's liability under this Limited Warranty shall
not exceed the purchase price paid by Purchaser for the Property and shall not
extend to consequential damages such as bodily injury, damage to personal
property, or damage to real property that is not part of the Property or that
is not covered by the liability insurance of Rocky Mountain Colby in effect at
the time the clam is made.
Actions taken by Rocky Mountain Colby under this Limited Warranty to
repair or replace shall not extend the Warranty Period.
EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY, ROCKY MOUNTAIN COLBY
MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO THOSE OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE CONSTRUCTION, DESIGN, CONDITION, QUALITY, OR
OTHERWISE WITH RESPECT TO THE PIPE. ROCKY MOUNTAIN COLBY SHALL NOT BE LIABLE TO
PURCHASER OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR OTHERWISE, FOR BREACH OF WARRANTY, FAILURE OR DELAY
IN MAKING REPAIRS, OR FOR ANY OTHER CAUSE, EXCEPT AS SPECIALLY SET FORTH IN
THIS WARRANTY. Except for the warranties provided in this Limited Warranty,
Purchaser assumes the risk of any and all damage hereafter occurring in or
appearing on the Property, regardless of the cause thereof.
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 legal rights, which vary,
from state to state.
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