General warranty on materials and installation

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TRÉVI
2999 LE CORBUSIER BLVD
CHOMEDEY, LAVAL (QUEBEC)
CANADA H7L 3M3
TELEPHONE 450 973 1249
WWW.TREVI.CA
GAZEBOS
GENERAL WARRANTY ON MATERIALS AND INSTALLATION
Scope of the General Warranty on materials and Installation
1. The General Warranty and Warranty on Installation covers gazebos which are pavilions used for outdoor relaxation and
entertainment in home yards. Gazebos are made from wood and plastic parts assembled together with screws and other
attachments. The parts of wood and plastic are referred to as Elements (Element in the singular) in this General Warranty on
Materials and Installation. The Customer will find a list of Elements and different attachments in the brochure delivered with the
gazebo together with a set of instructions for assembling the gazebo.
“Customer” refers to the person who signed the gazebo purchase and installation contract with Trevi.
“Installation” refers to the assembly and placement of Elements performed by Trevi as provided in the purchase and installation
contract.
This General Warranty and Warranty on Installation covers the Elements and does not extend to other equipment or property such
as, but to limited to, shrubs, flowers, light fixtures, swimming pool and spa accessories and garden equipment and furniture. Trevi
will not be held responsible for any damage to such equipment and property occurring during the installation of the gazebo.
Trevi Warranty against Manufacturing Defects in the Elements and Installation Defects of the Elements
2. For the purposes of this warranty pertaining to gazebos, a manufacturing defect (hereafter referred to as “Manufacturing Defect”
or “Manufacturing Defects”) or an installation defect (hereafter referred to as “Installation Defect” or “Installation Defects”) is one
that (a) severely impairs the quality, safety or use of the gazebo or (b) makes the gazebo unsuitable for its intended use or greatly
diminishes its usefulness.
Damage and deterioration referred to in section no 8 are not Manufacturing Defects or Installation Defects, are excluded from the
warranty and shall in no way impose any liability on Trevi.
Duration of the Trevi Warranty against a Manufacturing Defect in one or several Elements and against an Installation Defect in one
or several Elements
3. Trevi’s warranty against: (a) a Manufacturing Defect in one or several Elements enters into effect on the date of purchase, as
indicated in the purchase contract signed by the Customer and Trevi, and expires at the latest at the end of the first year following
the above-mentioned date of purchase; (b) an Installation Defect involving one or more Elements enters into effect on the
installation completion date and expires at the latest at the end of the first year following the installation completion date.
Upon expiration of the warranty periods indicated in (a) and (b) of this section no 3, Trevi will be released from all liability for any
damage, wear, repair or replacement with regard to the Elements, and the Customer shall assume all costs related to the repair
and replacement of the Elements, regardless of the causes and circumstances giving rise to such repair and replacement.
Notification of possible Manufacturing Defects in one or more Elements or possible Installation Defects involving one or more
Elements
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4. The Customer must promptly advise Trevi in writing of any anomalies or characteristics involving one or more Elements that
could indicate a possible Manufacturing Defect or a possible Installation Defect, and provide Trevi with a detailed description and
supporting photographs of the anomaly or noted characteristics.
Trevi must receive such notification no later than two weeks after the first appearance of the anomaly or characteristic. Any delay
in notification will be sufficient cause to void this warranty or to reduce the scope of its coverage.
Upon receiving the detailed description and photographs, Trevi will review the situation and inform the Customer as to whether or
not the Elements present a Manufacturing Defect or Installation Defect. If applicable, Trevi will also inform the Customer of any
repairs required to rectify the Manufacturing Defect or Installation Defect. In the event that the Customer is unable to provide a
detailed description of the anomaly or characteristic and supporting photographs, the Customer may request the assistance of a
Trevi technician. In this case, travel expenses will be charged to the Customer.
Repairing a Manufacturing Defect in one or more Elements during the warranty period of one year; repairing an Installation Defect
involving one or more Elements during the warranty period of one year.
5. If Trevi’s analysis of the situation referred to in section 4 concludes: (a) that a repair is needed to correct a Manufacturing Defect
in one or more Elements during the one-year warranty period, or (b) that a repair is needed to correct an Installation Defect
involving one or more Elements during the one-year warranty period, such repairs to the Elements as referred to in (a) and (b) of
this section 5, and only such repairs to the Elements, will be entirely at Trevi’s expense.
In the event that the repairs to the Elements referred to in (a) and (b) of section 5 require the removal, relocation, repairs,
modification, correction: of (i) Elements other than those referred to in (a) and (b) of section 5; of (ii) structures of all types,
earthwork, landscaping equipment and/or devices, the cost of the aforementioned removal, relocation, repairs, modification and
correction shall be incurred by the Customer.
Element appearance and subsidence
6. Constraints in the availability and manufacturing of wood and plastic stocks and supplies used in the production of Elements
may require Trevi to modify the appearance, size, color and shape of some Elements. Such modifications are not Manufacturing
Defects nor Installation Defects and do not incur Trevi’s liability.
In order to preserve the quality, solidity and appearance of the Elements, it is imperative that the Customer properly maintain the
Elements and, in particular but without limiting the Customer’s responsibility, apply each year to the wood Elements a waterproofing coating so as to prevent damage due to water infiltration and dampness.
Repairs do not result in an extension of the warranty period for Manufacturing Defects and Installation Defects
7. Repairs required to correct a Manufacturing Defect or Installation Defect do not result in an extension of the warranty period
specified in Section 3.
Warranty exclusions
8. The following instances of damage, deterioration and changes in appearance of the Elements are not caused by Manufacturing
Defects or Installation Defects and shall in no way impose any liability on Trevi:
a)
Damage caused by defects in the materials and equipment provided and installed by the Customer;
b)
Damage caused by significant amounts of accumulated water on or in the ground, a deep freeze or the effects of a rapid
freeze-thaw cycle;
c)
Damage resulting from an installation performed by the Customer or the Customer’s agents that fails to comply with the
generally accepted work practices for such installations;
d)
Damage resulting from an act of God or force majeure such as, but not limited to, lightning, flooding, storm surges, the
overflow of moving or stationary bodies of water, earthquakes, shifting soil or unusual climatic conditions such as a deep
freeze or heavy downpour;
e)
Damage caused by inadequate maintenance and use of the gazebo for purposes other than a pavilion as set forth in
section no 1, or by additions, removals and additions carried by the customer;
f)
Deterioration resulting from the normal wear of the Elements;
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g)
Scratches, discolorations, buckling, cracks and contraction resulting from the normal wear and normal behaviour of wood
and plastic parts do not constitute damages justifying the replacement of one or more Elements;
h)
Deterioration of the Elements caused by roots from existing trees on the Customer’s property or neighbouring lots;
i)
Deterioration of the Elements caused by the presence of stumps or other objects in the ground;
j)
Damage or deterioration caused by pests such as ants or other insects;
k)
Damage or deterioration caused by pests such as ants or other insects;
l)
Damage caused by strong winds and the weight of accumulated snow;
m) Damage caused by the presence in the ground or elsewhere of pollutants and/or contaminants in any form, regardless of
whether they are solids, liquids, gases, micro organisms, odours, heat, vibrations, radiation and/or a combination of these
elements.
Compensation for damage to goods and/or property
9. Compensation is excluded for any damage caused to property other than that covered by this warranty.
Other conditions affecting the warranty
10. This warranty shall be suspended for any period during which the Customer is in default on payments due to Trevi and shall
remain suspended as long as the Customer has not settled all financial obligations in full.
No other express, tacit, verbal or written warranties or agreements
11. This warranty grants the Customer specific rights as detailed in this document. Trevi does not provide any other express, tacit,
verbal or written warranties. Trevi and the Customer agree that this document includes all warranty terms and conditions regarding
Manufacturing Defects and Installation Defects, and that no other written, verbal, or implicit agreements regarding the warranty for
Manufacturing Defects and Installation Defects were discussed or made by Trevi and the Customer.
Warranty transfer
12. This warranty against Manufacturing Defects and Installation Defects may be transferred to any new buyer of the property on
which the Work is located, provided that a technical inspection made by Trevi determines the soundness of the Work. The cost of
the inspection, the opening of the file will be communicated to the Customer upon request. This charge shall be paid in advance by
the Customer and is not reimbursable.
NOTE: The underlined words above the sections are intended strictly to facilitate the reading of this document and shall not be
interpreted in any other way.
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