20 YEAR LIMITED WARRANTY
Fire Retardant Coatings of Texas, LLC proudly provides this twenty (20) year limited warranty on FX Fabric Guard, FX
Flame Guard, FX Flame Guard 2, FX Lumber Guard, FX Paper Guard, FX Tree Guard, FX Paint Guard, and FX Joist Guard, for
indoor and interior applications only (the “Product”).(1) This warranty covers repair or replacement of defectively manufactured Product, including the reasonable cost of labor and materials to repair or replace defectively manufactured Product, if the Product is properly installed and used in compliance with Fire Retardant Coatings of Texas, LLC written instructions and specifications. The warranty is expressly limited by and pursuant to the terms and conditions set forth below.
The Product is warranted for indoor and interior applications only, when the Product has been properly stored, applied and
used in dry conditions in accordance with Fire Retardant Coatings of Texas, LLC’s written instructions and specifications. This
limited warranty is void and invalidated if the Product is exposed in any way to weather, dampness or wetting, including but not
limited to situations in which it is in contact with other materials such as concrete or masonry that are exposed to the weather or in
direct contact with the ground. Any improper installation, use and/or maintenance of the Product that deviates from the written
instructions and specifications of Fire Retardant Coatings of Texas, LLC, will also void and invalidate this limited warranty.
EXCLUSIONS
This limited warranty does not cover the following:
(1) Any damage to, or loss of, any building components, materials or personal property of any nature other than the
Product. This warranty is expressly limited to the cost to repair or replace the Product, and does not cover any other property
damage or other injury or loss of any nature to any property other than the Product.
(2) Any damage or loss of any nature due to any application or use of the Product for which it was not intended.
(3) Any damage or loss of any nature due to the inherent nature of some types of wood to split, warp, buckle, bow,
collapse, twist or deform.
(4) Any damage or loss of any nature where the Product has not been properly installed.
(5) Any damage or loss of any nature due to negligence or improper construction of the building, and/or any component
parts of such building, in which the Product is used.
(6) Any damage or loss of any nature due to normal wear and tear, abuse or neglect that causes removal, diminishment
or deterioration of the Product.
(7) Any damage or loss of any nature due to conditions already existing on the wood or other surface when it is treated
by the Product.
(8) Any damage or loss of any nature due to Acts of God, including but not limited to earthquakes, flooding, hail, lightning,
fire, wind and/or ground settlement.
(9) Any damage or loss of any nature due to improper installation of any other materials in the building in which the Product
is used.
(10) Any damage or loss of any nature due to acts of government authorities or agencies.
(11) Any damage or loss of any nature due to criminal activity, insurrection, terrorism, riot or war.
(12) Any damage or loss of any nature due to wood-destroying animals.
(13) Any damage or loss of any nature due to non-wood-ingesting insects.
(14) Any damage or loss of any nature related to interaction of any biological or chemical agents with the Product.
(15) Any damage or loss of any nature resulting in any way from fire.
(16) Any personal injuries of any nature, including but not limited to mental or emotional injuries.
(17) Any incidental or consequential damages or losses of any kind
NO OTHER EXPRESS OR IMPLIED WARRANTIES
This limited warranty is the only warranty applicable to the Product. This limited warranty is in lieu of all other warranties,
including but not limited to any warranties arising from course of dealing or usage of trade or advertising, except where such
warranties cannot be disclaimed under applicable consumer laws. Where applicable consumer laws provide such implied
warranties, any such warranties imposed by law are hereby limited in time and scope to the minimum requirements of such laws.
ANY AND ALL OTHER IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED AND EXCLUDED TO THE FULLEST EXTENT
PERMITTED BY APPLICABLE LAW. In no event will Fire Retardant Coatings of Texas, LLC be liable for any incidental,
consequential, special, indirect, multiple, punitive or exemplary damages resulting from any defects in the Product, including but
not limited to lost profits, diminution in value, loss of use and/or loss of income.
CLAIM NOTIFICATION REQUIREMENT
To make a claim under this limited warranty, the owner or general contractor of the structure in which the Product has
been used shall provide written notice by certified mail, return receipt requested, to Fire Retardant Coatings of Texas, LLC within
30 days after damage to the Product appears. The written notice shall include the date the damage was discovered, a description
of the building in which the Product has been used and the position of the Product within the building, documentation that the
Product was used in the building, photographs of the damaged area, and the name, address and telephone number of the owner
or contractor making the claim. The written notice should be sent to Fire Retardant Coatings of Texas, LLC at the following address:
David Paulo, General Manager, Fire Retardant Coatings of Texas, 1150 Blue Mound Rd. West, #403, Haslet, Texas 76052. Fire
Retardant Coatings of Texas, LLC shall have no obligation with respect to this limited warranty unless and until the written notice
is provided in accordance with this paragraph.
CLAIM INVESTIGATION – COOPERATION REQUIREMENT
After making a warranty claim in accordance with the immediately-preceding paragraph, the party making the warranty
claim shall grant Fire Retardant Coatings of Texas, LLC and/or its designee’s full access to the areas where the Product has been
used and all adjacent areas, and shall fully cooperate with Fire Retardant Coatings of Texas, LLC. and/or its designee in the
investigation of the warranty claim. Any failure to grant such access and/or provide such cooperation shall void this limited warranty.
EXCLUSIVE RIGHT TO PERFORM REPAIR OR REPLACEMENT WORK
Fire Retardant Coatings of Texas, LLC shall have sole discretion to determine whether the claim is covered by this limited
warranty and, if so, whether any defect will be remedied by repair or replacement of the Product, and will have the exclusive right
to conduct any repair or replacement work it deems appropriate itself or through its designated representatives. Any actions on
the part of the party making the claim or any other person to repair or replace the Product, either before or after a claim has been
made, shall void this limited warranty.
NOTICE REQUIRED FOR LITIGATION
In the event there is any claim or controversy arising out of or related to the Product and/or this limited warranty, any legal
proceeding must be preceded by a notice letter stating the nature of the claim or controversy sent by certified mail, return receipt
requested, to Fire Retardant Coatings of Texas, LLC at the address above. This notice letter must be received by Fire Retardant
Coatings of Texas, LLC at least 60 days before the filing of any lawsuit arising out of any alleged defect in the Product or breach of
this limited warranty. The notice to be provided in accordance with this provision is a condition precedent to filing any such lawsuit.
LIMITATIONS PERIOD FOR FILING ANY LEGAL PROCEEDING
In the event any lawsuit is filed arising out of or related to the Product and/or this warranty, any such lawsuit must be filed
within (1) the applicable statute of limitations or (2) two years and 30 days after damage to the Product first appears, whichever
period is shortest.
APPLICABLE LAW AND JURISDICTION
This limited warranty shall be construed, interpreted and governed in accordance with the laws of Texas, without regard
to the rules regarding choice of law. Any claim, controversy or dispute arising out of or related to the Product and/or this warranty
which cannot be amicably settled shall be resolved by a proceeding in a court in Dallas County, Texas, which state and federal
courts shall have exclusive jurisdiction over any such claim, controversy or dispute.
WAIVER OF JURY TRIAL
IN THE EVENT ANY LAWSUIT IS FILED ARISING OUT OF OR RELATED TO THE PRODUCT AND/OR THIS
WARRANTY, THE TRIAL OF ANY SUCH LAWSUIT SHALL BE BEFORE A COURT WITHOUT A JURY. IN ACCEPTING AND
SEEKING TO ENFORCE THIS LIMITED WARRANTY, THE PURCHASER OF THE PRODUCT HEREBY WAIVES ANY RIGHT
TO TRIAL BY JURY.
COSTS AND ATTORNEYS’ FEES IN ANY LEGAL PROCEEDING
In the event any lawsuit is filed arising out of or related to the Product and/or this warranty, the prevailing party in any such
lawsuit shall be entitled to recover its costs and expenses in connection with the lawsuit from the non-prevailing party, including
reasonable attorneys’ fees.
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(1) This Warranty is not applicable to FX Lumber Guard XT, or to any Product used in an exterior or outdoor application, regardless of
whether the Product is used in an exterior or outdoor application in accordance with Fire Retardant Coatings of Texas, LLC
instructions and specifications.
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820297 2442.1