Prova-Shower Systems - 10 year Limited Warranty

M-D Building Products, Inc. (MDBP) warrants that ProVa-Shower System will meet all composition criteria for 10 years from the date of

purchase. Additionally ProVa-Shower System will conform to its performance criteria for 10 years from the date of purchase if the tile

assembly was subjected to normal usage and installed in accordance with the ProVa-Shower System Installation Instructions and the

installation standards of the Tile Council of North America (TCNA) and the Terrazzo, Tile and Marble Association of Canada (TTMAC).

If the Products fail to meet this warranty, MDBP, at its election, will a) reinstall or replace the failed portion of the tile assembly or b)

pay an amount not to exceed the original square foot cost of the installation of the tile assembly shown to be defective. Tile assembly is

defined and limited to include all ProVa-Shower System components, non-reusable tile surfaces, and the appropriate setting and

grouting materials.

 

Due to conditions beyond the control of MDBP (e.g., color and shade availability, discontinuation, normal wear and tear), MDBP cannot

guarantee or warrant an exact match to the specific tile, stone or other covering materials used in the installation. In such events and at

MDBP’s election, substantially similar materials may be substituted.

 

Disclaimer

This Warranty is given in lieu of any other warranty expressed or implied. MDBP assumes no liability or responsibilities for lost profits,

losses due to delays or any indirect, incidental, punitive, exemplary or consequential damages, acts of nature including but not limited

to flooding, hurricane, tornado, earthquakes; acts of war, terrorism, intentional acts of destruction and fire shall not be covered under

this warranty. Damage due to structural movement, excessive deflection or other failure of the substrate and damage to structural or

subfloor elements from water are also not covered.

 

NO ASSIGNMENT-TERRITORY: This Limited Warranty extends ONLY to the original end-user (defined as homeowner – owner of the

premises/unit owner) for sales made ONLY in the United States and Canada and is not transferable or assignable, unless otherwise

prohibited by specific state or provincial law.

 

CLAIMS ON THIS LIMITED WARRANTY: To make a claim under this Limited Warranty, the owner must provide MDBP with written

notice within 30 days of any alleged defect in the products covered by this Limited Warranty, together with date and proof of purchase

of the products, proof of the costs of the original installation and name and address of all installers, failing which this Limited Warranty

shall be of no legal effect. MDBP reserves the right at its election and as a condition of this Limited Warranty to inspect the alleged

failure and defect prior to any repair.

 

Acceptable Materials and Conditions

It is the responsibility of the owner/installer to ensure the suitability of all materials and all associated building materials for

ProVa-Shower System’s intended use. The flooring substrate shall be level, clean, dry and sufficiently load bearing. The flooring

material shall be suitable for the particular type of application. It is recommended that the owner consults and/or obtains the services

of an experienced and professional installer.

 

Warranty Claims

MDBP must be notified in writing to request a claim, including date and proof of purchase as well as the name and address of installers.

The original owner must then, at MDBP’s discretion, allow an inspection of the installation. If upon inspection, MDBP determines the

ProVa-Shower System to be defective, MDBP will, at its own discretion supply replacement materials that conform to the contract

requirements or issue a credit equal to but not exceeding the original purchase price for the portion of the tile assembly that has

proven to be defective. The tile assembly includes ProVa-Shower System components, non-reusable tile surfaces, and the appropriate

setting and grouting materials. The claim must be submitted and evaluated by MDBP before any repair work is done. For any claim that

is not valid, MDBP will be paid reasonable charges, including travel and labor, associated with investigation of such claim.

 

This limited warranty extends only to the original owner.

M-D Building Products, Inc.

4041 N. Santa Fe Ave

Oklahoma City, OK 73118