Envirobond products corporation’s limited warranty to the original purchaser of a product from the Envirobond product range set out below is as follows: Envirobond warrants that new products shall be free from defects in workmanship and materials under normal and proper usage for the warranty periods set forth below.
Product / Warranty Period:
Envirosand: 3 years
Envirostone: 3 years
The warranty period begins on the date of purchase as shown on your invoice or purchase receipt (as applicable).
Should a product be proved to have manufacturing defects that substantially affect performance during the warranty period, the sole remedy available to you is for Envirobond to replace the applicable product; provided that it is determined on examination by Envirobond to be defective under proper use and service. Only one remedy option will be employed at Envirobond’s sole discretion. The warranty shall be further subject to the terms and conditions set out below.
2. Maintenance Requirements
Installation, storage and handling instructions are printed on product packaging and are available on the Envirobond website.
Routine analysis of the depth of joints for stones surrounding the product to ensure that the product is at the optimal performance height of 1/8 of an inch below the surface level of such stones. Routine maintenance and topping up product will be required to ensure that product is at its optimal height in order for the warranty to be valid.
3. Warranty Conditions
You must submit all necessary information requested by Envirobond for it to assess your warranty claim (see the section ‘how to make a claim’ below) within 30 days from when you first discover any defect subject to the warranty. The warranty will extend only to claims received by Envirobond before the end of the applicable warranty period. Product removal, reinstallation, and related costs and fees (including, but not limited to, any labour and/or replacement cost) are excluded from the warranty. All replaced products will become Envirobond’s property and the replacement product(s) becomes your property. The replacement product shall be warranted for the balance of the period remaining on the original product.
4. Warranty Exclusions
The warranty is void under, does not apply under and does not cover any of the following: (i) factors that are beyond Envirobond’s control, such as weather, environmental pollution such as soot, chemical vapors, acid rain, direct or indirect contact with salt water such as ocean spray, immersion in water, whether caused by flooding or otherwise or surface conditions; (ii) damages resulting from improper storage and/or handling of product; (iii) damages due to lack of compliance with Envirobond’s installation, use and maintenance instructions, the interlocking concrete pavement institutes technical specifications for paving stone installation, or any applicable national, state, provincial or local codes; and/or (iv) any other damages from severe weather conditions or acts of god, fire or other unforeseen circumstances.
5. Return of Defective Product
After contacting Envirobond regarding a claim under the warranty, you must promptly return the product and do so in accordance with the instructions provided by Envirobond for such return. Envirobond shall not be liable under the warranty in the event of any failure to follow these instructions.
6. Limitation of Warranty
The warranty is your exclusive warranty and constitutes the sole liability of Envirobond to you for products. Envirobond hereby disclaims all other representations, warranties or conditions, express or implied, statutory or otherwise, including but not limited to, any implied warranties or conditions of merchantability and fitness for a particular purpose. Some jurisdictions do not allow the exclusion of express or implied warranties, so the above exclusion may not apply to you. In that event, such warranties apply only to the extent required by law and are limited in duration to three (3) years. no warranties apply after that period. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation on duration may not apply to you.
To the maximum extent permitted by law, in no event shall Envirobond be liable for to you for any: (i) third party claims against you for damages, and/ or (ii) special, incidental, indirect or consequential damages, including lost profits, business revenue, goodwill or anticipated savings. In no event shall Envirobond be liable for any direct damages exceeding the original purchase price of the product(s) at issue. These exclusions apply even if Envirobond has been advised of the possibility of these damages and even if any remedy fails of its essential purpose. as some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, the above limitations or exclusion may not apply to you. Nothing in this limited warranty affects statutory rights that cannot be waived or limited by this limited warranty.
The division of this warranty into sections and the insertion of headings are for convenience of reference only and do not affect the construction or interpretation of this warranty. Each section of this warranty is distinct and severable. If any section of this warranty, in whole or in part, is or becomes illegal, invalid, void, voidable or unenforceable in any jurisdiction by any court of competent jurisdiction, the illegality, invalidity or unenforceability of that section, in whole or in part, will not affect: (i) the legality, validity or enforceability of the remaining sections of this warranty, in whole or in part; or (ii) the legality, validity or enforceability of that section, in whole or in part, in any other jurisdiction. This warranty is governed by, and is to be construed and interpreted in accordance with, the laws of the province of Ontario and the laws of Canada applicable in that province. The United Nations convention on contracts for the international sale of goods (also called the Vienna convention, and which is cited in the statutes of Canada as the international sale of goods contracts convention act) will not apply to this agreement or the transactions contemplated by this agreement.