Tanzite Limited Warranty
Tanzite Stone decking tiles
For clarity, this warranty specifically excludes all products that are not stone decking tiles even if those products are sold by the Manufacturer.
Tanzite Canada Ltd. [the “Manufacturer”] subject to the terms and conditions set out below warrants the Product is manufactured in accordance with ANSI A137-1-2017 standards at the time of purchase. This warranty is given in lieu of any other warranty, express or implied. There are no warranties, express or implied of merchantability, fitness for any particular purpose or location, or that the Product will not scratch, chip, or show signs of normal wear and tear. There are no warranties, express or implied, including warranties based on samples or oral statements, which extend beyond the description on the face of this document. No person or entity has authority to make statements or representations respecting the quality, fitness, performance or suitability of the Product other than those set forth in this warranty, and any and all representations or statements made in connection with the sale or manufacture of the Product or otherwise by any person or entity other than the Manufacturer that differs from the terms of this warranty are not binding upon the Manufacturer.
This limited warranty is not transferable or assignable except as expressly stated below.
Individual Residence Application
With respect to an installation of the Product on an individual residence, this warranty may be transferred one (1) time within the five (5) year period beginning from the date of the original purchase by the original end-user purchaser of the Product to a subsequent buyer of the property upon which the products were originally installed, and to avoid doubt all subsequent buyers or buyers that acquire outside of the time period acquire the Product “as is”.
Commercial Application [NOT an Individual Residence]:
With respect to an installation of the Product at a location other than on an individual residence, this warranty can be transferred one (1) time by the original end-user purchaser of the Product to a subsequent buyer of the property upon which the Products were originally installed, and to avoid doubt all subsequent buyers acquire the product “as is”.
Term for Commercial Application [NOT an individual residence]:
With respect to the installation of the product at a location other than on an individual residence, the term of this warranty starts from the date of purchase of the product and ends twelve (12) years after the date of purchase of the Product.
EXCLUSIONS FROM WARRANTY COVERAGE AND LIMITING OF LIABILITY:
The Product must be installed in accordance with industry standards and the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications for installations including but not limited to industry standards, such as, but not limited to waterproofing, crack isolation, substrate requirements, movement and expansion joints. This also includes requirements such as checking before installation that the Product has no defects, the Product is fit for purpose, checking for sufficient quantities of the Product of the same batch are supplied, proper blending of the variation of colors of the Product supplied, correct sealing of the Product, and compliance with the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications and industry standards for installation, maintenance and repair. If a defect is identified in the Product before installation, the Product shall not be installed, as installation of Product with defect identified before installation or visual defects or nonconformities apparent prior to installation voids this warranty. Once the Product has been installed, the Manufacturer is not liable for color matching or blending or for the replacement of tiles with obvious visual faults. Water; oil, grease, and other substances create slippery conditions, and the Manufacturer is not responsible for and makes no express or implied warranty respecting the suitability or fitness for any purposes including but not limited to floor applications in or with slippery conditions. Damage during or after installation and installation defects are not covered by this warranty, and this warranty does not apply when deterioration results from the Product not being suitable for the intended use, a design or installation not complying with applicable codes, standards, and recognized work procedures, or if the installation the Manufacturer’s Tanzite Owner’s Manual and Manufacturer’s written specifications have not been followed. Damage or cracking due to structural movement, collapse or settling of the ground or supporting structure, excessive deflection or other failures in the substrate, normal wear, and tear, damage or defects caused by incorrect installation, lack of proper maintenance, accidents, abuse, or misuse are excluded from coverage under this warranty. Defective installation such as but not limited to any substrate repair material or any accessory products such as crack and expansion joint fillers; weak concrete and masonry substrates, substrate or sub-floor irregularities; substrate or subfloor deterioration; bottom-up staining or discoloration due to mold, mildew, or bacterial growth; soluble salts or solvents, efflorescence; natural color variations; color fading due to sunlight or normal traffic wear; installations that experience excessive moisture and/or alkali; improper maintenance; grout performance; freight, material and labor costs.
Lippage refers to differences in elevation between edges of adjacent tile modules. The perception of height variances is influenced by a number of factors, including thickness variations between tiles, allowable warpage of the tile modules, grout joint width, the angle of light creating shadows, and highly reflective surfaces accentuating otherwise acceptable variance in modules. After installation when lippage is present in an installation there is no way to correct it. To eliminate or address lippage, the proper preparation of the base and installation of the Product is required by skilled professionals. Lippage is an installation defect and not covered by this warranty.
Fire, Smoke, and Heat:
The Product is tested for flame spread, creation of smoke, or other types of fire ratings, and direct or indirect contact with heat sources may cause damage to the surface of the Product which is excluded from coverage under this warranty.
Sufficient Quantity of Product:
Purchasing an additional quantity of 5%-15% of the product is recommended to allow for the replacement of Product which is damaged during or after installation. The Manufacturer does not guarantee the availability of a replacement Product of the same colour or pattern after the time of purchase. Product with visible defects should not be installed.
Variation in veining, fissures, pits, texture, color, and shade are inherent characteristics of all tiles of this nature and will vary from tile to tile as well as from lot to lot, depending on the Product selected. The Manufacturer does not warrant the Product for shade, size, thickness, warping, cleft variations, surface finish variations, or other natural variances on the Product. An inherent characteristic of all tiles manufactured as the within Products are, is that they will bow, wedge and warp to a certain degree and may slightly vary in size from batch to batch. These variations in size and color are due to changes in moisture and thermal loads which can alter the tiles during production. Batches of tile are identified and separated into lots by specific shade and caliber. Product samples are representative only and may not be an exact match to supplied materials due to variations in manufacturing and the natural raw materials making the Product. Photographic color images may not be an exact product match to the supplied Product as the supplied Product may have slight differences in color, shade, and/or surface appearance. The Manufacturer’s website, marketing literature, and promotional materials may not represent the true nature of the Product.
Maintenance and Cleaning:
The Product must be properly maintained and cleaned in accordance with the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications and industry standards. Failure to regularly and properly clean and maintain the Product will void this warranty, including but not limited to failing to reapply a surface coating and sealant as the case may be pursuant to the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications and industry standards. The Product contains abrasives creating a rough surface, and cleaning challenges because dirt and other contaminants lodge in the surface. Extra attention is necessary to assure contaminants are removed promptly. To prevent staining within ten (10) days of exposure any and all mold, mildew, beverages should be removed and the Product cleaned pursuant to the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications, and for clarity the Product should not be in contact with any toxic substances, acids, bases, greases or other substances that will damage its surfaces.
Normal Wear and Tear:
This warranty does not cover normal wear and tear and any other problems that are caused by conditions, malfunctions, or damage not resulting from defects at the time of purchase in the manufacturing of the Products in accordance with ANSI A137-1-2017 standards.
It is not uncommon to see rust appear in certain tiles. Rust appears when the metal minerals form the natural raw materials used to manufacture the Products react to water or humidity in the air, and to prevent the appearance of rust the tiles be properly must sealed before installation, after installation, and as otherwise required by the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications failing which rust is not covered by this warranty.
Weatherproofing and Surface Coating:
Proper surface coating and waterproofing are required where the Product will be exposed to weathering, water, sunlight, exposure to salts, acids or bases, high traffic, or is in contact with water. In conditions where there is frequent exposure to water, including but not limited, to rain or ice melting on the Product or water from nearby structures such as a roof, gutter, downspouts or drains, proper sealing and waterproofing methods is required, because when used in wet applications, watermarks, and rings when exposed to moisture, acids or bases for extended periods of time may appear and are excluded from this warranty. These watermarks or etchings can be caused by a number of factors, and commonly is a reaction of the sealer being exposed to water for prolonged periods, or a reaction of the Product to salts, acids or bases. It is mandatory to refinish the surface coating every ten (10) years or more for high traffic areas pursuant to the Manufacturer’s Tanzite Owner’s Manual, and the Manufacturer’s written specifications and industry standards. Applying of paint or any other coating materials other than the weatherproofing and surface coating as required by the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications will void this warranty.
Efflorescence can be a common occurrence in tiles when they are exposed to moisture and it is not considered a defect of the product. The source of the problem must be identified before cleaning or replacing the tile as these occurrences can be install related and a replacement installation may be subject to the same effect. Efflorescence is a concentration of soluble salt trapped in the tile that will appear cloudy and white as water passes through the tile. It is common in hot climates where the water escapes from the stone quickly, leaving a trace of salt closer to the surface. This effect may also expose itself as foam coming out of the surface of the tile and is a natural occurrence as a result of moisture transmission.
Impacts and Abrasions:
The warranty does not apply to normal wear and tear, spalling, or other breakage or damage that may be caused by impact, abrasion or inappropriate or inadequate live loads. For clarity, the damage caused by impacts, abrasions, or inappropriate or inadequate live loads including but not limited to metal shovels, Shovels with metal edges, ice chippers, and other snow removal and ice removal devices are excluded from coverage. Never allow objects to fall or otherwise causing an inappropriate load on the Product or use metal shovels or any other sharp-edged tools on the surface of the Product including but not limited to removal of snow and ice of the Product as such damage or puncturing to the surface of the Product is not covered by this warranty. For clarity, wear and tear, spalling or other breakage or damage that may be caused by high traffic or the exposure to snow and removal of snow may accelerate wear and tear and is excluded under this warranty.
Misuse of the Product:
The misuse including but not limited to accidents, negligence, physical or chemical abuse, or other damage to the Products that may result from deliberate act or negligence on the part of the customer, buyer, owner of the property where the Product is installed, installer or any third party is not covered by this warranty. The improper handling, storage, abuse, or neglect of the Product on the part of the customer, buyer, owner of the property where the Product is installed, installer, or any third party is not covered by this warranty.
Acts of God, Ordinary Wear, and Tear, Intentional or Negligent Acts:
This warranty does not apply to any damage resulting from or related to an act of God [including but not limited to flooding, tornado, strong winds, storms, fire, lightning, earthquake, etc.]; environmental conditions and atmospheric conditions [air borne pollutants and contaminants]; staining from foreign substances [acids, bases, chalk, dirt]; normal weathering including but not limited to exposure to sunlight, wind, rain, weather, environmental conditions, and atmospheric conditions] will cause the Product color to gradually fade; fire; vandalism; ordinary wear and tear; improper handling, storage, abuse or neglect of the Product or other damage to the Products that may result from deliberate act or negligence on the part of the customer, buyer, owner of the property where the Product is installed, installer or any third party.
Applicable Building Codes:
Applicable building codes and laws may dictate minimum the Product performance specifications, and the Manufacturer does not warrant the Product where the use or installation of the Product violates applicable building codes and laws.
Limiting of Liability:
At the time of manufacturing, the Product achieves the necessary values for the ANSI A137.1-1988 standards. Tests are performed on random samples of the Product by an independent testing laboratory and are believed to be representative of the general quality of the Product. There is no guarantee by the Manufacturer that these exact results will be guaranteed on each and every tile or part of the Product. The Product is subject to variation in technical specifications, including floor slip resistance, due to inherent variability in the raw materials and production process, and express technical specifications are not guarantees of minimum or maximum thresholds of performance. The Manufacturer extends no warranties or guarantees, expressed or implied, as to slip resistance, wear-time period, gloss or maintenance procedures. To the fullest extent permitted under the law, under no circumstances will the Manufacturer be liable for incidental or consequential damages, whether such damages are sought in contract, in tort (including but not limited to negligence and strict liability) or otherwise, and the Product liability for non-personal injury claims with respect to products shall in no event exceed the replacement of such defective products or refund as set forth herein. Some States or Provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from State to State or Province to Province.
MAKING A WARRANTY CLAIM AND LIMITS ON LIABILITY:
To make a claim under this limited warranty, you must notify the Manufacturer in writing within fifteen (15) days of the discovery of the alleged manufacturing defect to the following address:
Tanzite Canada Ltd.
19960 107 street NW Edmonton, AB T5S1W8
Or by email to:
As a condition of this warranty the following must be provided with to the Manufacturer with written notice of a claim, failing which this warranty is voided and the Manufacturer released from any and all liability for the defect or the claim:
Provide satisfactory evidence of defects in the tiles purchased, including but not limited to, a description and photographs of the affected area of the Product,
Proof of purchase or assignment from the original end-user purchaser;
Proof of identity showing current address,
As a condition of this warranty proof of use, installation, and maintenance, and care pursuant to the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications and industry standards must be provided to the Manufacturer upon its request, failing which this warranty is voided and the Manufacturer released from any and all liability for the defect or the claim. If a claim relating to the manufacturing defect and the improper staining of the Product, in addition to the foregoing, the following must be complied with prior to providing written notice of a claim to the Manufacturer, failing which this warranty is voided and the Manufacturer released from any and all liability for the defect or the claim:
i. the affected area of the Product must be cleaned in accordance with the Manufacturer’s Tanzite Owner’s Manual, and Manufacturer’s written specifications, soap, and water or mild household cleaners within three (3) days of exposure of the food or beverage to the surface or first appearance of the mold and mildew.
ii If the affected area remains reasonably unsatisfactory after the affected area of the Product has been cleaned as set forth above, then the affected area of the Product must be professionally cleaned at the sole expense of the party making the claim or contemplating a claim. iii. If the affected area remains reasonably unsatisfactory after the professional cleaning, a claim may be made claim under this warranty, provided that such claim is made within thirty (30) days after the professional cleaning.
If a valid warranty is made, recovery the Manufacturer at its complete discretion by any of the following:
i. Replacement of a portion of defective Product with same or equivalent product [with the cost for freight, labor, materials and costs for installation, maintenance or replacement not being covered by this warranty] as calculated below;
ii. Repair or re-polish of the defective Product;
iii. Refund a prorated portion of the original purchase price paid by for such defective Product [but not including the cost for freight, labor, materials and costs for installation, maintenance or replacement of the Product] as calculated below;
iv. Combination of the above, provided that the Manufacturer’s obligations are limited only to Product or parts of the Product that are proven to be defective pursuant to the terms of this warranty and the Manufacturer.
If a valid warranty claim hereunder is made, the percentage of such valid claim which the Manufacturer is required in its complete discretion to refund or replace pursuant to this warranty shall commencing eleventh (11) year after the original date of purchase of the Product be reduced by five (5%) percent each year thereafter, reducing 5% each and every year thereafter until ten [10%] percent of such valid claim remains, at which time there shall be no further reduction to the percentage of the valid claims which the Manufacturer is required in its complete discretion to refund or replace pursuant to this warranty. For clarity in no event shall the Manufacturer be required to refund any more than the prorated portion of the original purchase price or replace more than the prorated portion of defective Product as calculated herein. In the event that the sole and exclusive remedy described above fails of its essential purpose, the liability of the Manufacturer is limited to the monetary value, on a square-foot (square-meter) basis, of the original purchase price of the Product or portion of the Product required to be replaced pursuant to the terms of this warranty.
To the fullest extent permitted under the law, this warranty shall not cover and the Manufacturer shall not be responsible for costs and expenses, including but not limited to labor, costs and freight, incurred with respect to the installation, maintenance or removal of the Product or affected Product or the installation of replacement materials.
The Manufacturer will not pay for replacement of any portion of the installation that is not proven to be defective.
To the fullest extent permitted under the law, the costs and expenses incurred with respect to the removal and installation of the defective Product or the installation of replacement materials, including but not limited to freight, labor and materials costs are excluded from this warranty. Should the Product used in the original installation no longer be readily available, the Manufacturer reserves the right to determine a suitable substitute at its option but will only provide replacement product for the defective Product and not the entire installation.
The Manufacturer reserves the right to inspect any and all defects prior to any repair, remediation or settlement of such defect. In the event that the Manufacturer within its sole discretion elects to or is otherwise required to participate in the repair, remediation or settlement of any defect, the Manufacturer must be included in all discussions and decisions related to such repair, remediation and/or settlement. In the event that the Manufacturer is not provided notice on a timely basis, or the Manufacturer is not allowed the right of inspection, discussion or decision making in advance of repair, re mediation or settlement of any defect, this warranty is voided and the Manufacturer released from any and all liability for the defect or the claim.
No amendment or variation of the terms, conditions warranties, covenants, agreements and undertakings set forth herein shall be of any force or effect unless the Manufacturer same shall be reduced to writing duly executed by the Manufacturer and the party purchasing the Product from the Manufacturer. Any provision in this warranty which is prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity or enforceability of such provision in any other jurisdiction. The division of this warranty into Articles, Sections, Subsections, Schedules and other subdivisions, the inclusion of headings and the provision of a table of contents are for convenience of reference only and shall not affect the construction or interpretation of this warranty. The headings in the warranty are not intended to be full or precise descriptions of the text to which they refer.