EPS-Geofoam Limited Warranty
Limited Warranty. Insulation Company of America hereby warrants that for a period of ten (10) years, commencing with the date of delivery (the “Warranty Period”), that the EPS Geofoam product will maintain 90% of its ASTM D6817 Compressive Resistance at 1%. If, during the Warranty Period, the EPS Geofoam is determined by sampling and testing (conducted as provided below) not to meet warranty value, Insulation Company of America will either deliver to the owner (“Owner”) of the project on which the EPS Geofoam was initially installed a quantity of equivalent EPS Geofoam product to replace the non-performing EPS Geofoam or, at the sole discretion of Insulation Company of America, refund to the Owner the original purchase price of the non-performing EPS Geofoam. Insulation Company of America’s maximum liability for any warranty claim shall not exceed the original purchase price of the EPS Geofoam.
THE WARRANTY IS IN LIEU OF ALL OTHER GUARANTEES AND/OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND SHALL NOT BE EXTENDED OR ALTERED EXCEPT BY WRITTEN INSTRUMENT SIGNED BY INSULATION COMPANY OF AMERICA AND THE OWNER. THERE ARE NO WARRANTIES AND/OR GUARANTEES WHICH EXTEND BEYOND THE TERMS AND PROVISIONS SET FORTH IN THIS WARRANTY.
Conditions. Obligations under this Warranty will only take effect if the EPS Geofoam was installed in strict accordance with all applicable Insulation Company of America’s and EPS Alliance EPS Geofoam specifications, recommendations and guidelines which were in effect at the time of such installation and all invoices for the EPS Geofoam have been paid in full. This Warranty shall be void if, in the sole judgment of Insulation Company of America, the EPS Geofoam’s performance has been impaired by either damage or alterations to the EPS Geofoam without obtaining prior written approval from Insulation Company of America.
Exclusions. Insulation Company of America does not warrant the compatibility of any other product (including but not limited to any membranes or coatings) with the EPS Geofoam, and does not assume any liability for any incidental, consequential, exemplary, special or punitive damages, including (but not limited to) incremental costs and any other harm to persons or property.
Sampling and Testing. All sampling shall be conducted in accordance with sampling procedures prescribed by Insulation Company of America, and samples of the EPS Geofoam shall only be taken in the presence of an authorized Insulation Company of America representative. Testing of EPS Geofoam samples shall be in accordance with ASTM D6817, by agent of Insulation Company’s choosing. EPS Geofoam samples shall be conditioned to equilibrium prior to testing. All sampling and testing costs (including but not limited to costs of EPS Geofoam covering removal and replacement) shall be at the Owner’s sole expense.