ARXX Building Products USA Inc and ARXX Building Products Inc (collectively “ARXX”) insulating concrete form products carry a one year warranty to the first owner of the structure built with ARXX insulating concrete forms, effective from the date of purchase, to be free of manufacturing defects. If an ARXX insulating concrete form, as a result of a manufacturing defect in workmanship or materials (as reasonably determined by ARXX), fails to meet the standards and specifications set forth in our product manual at the time of purchase and when installed in accordance with applicable building codes and ARXX installation guidelines set forth in the ARXX Installation Guide at the time of purchase, ARXX will, at its option, provide a replacement or refund the actual purchase price of such insulating concrete form.
Limitations of Warranty
ARXX does not make any other warranty of any kind, whether express, implied or statutory with respect to its insulating concrete form products and ARXX specifically disclaims the implied warranties of merchantability and fitness for a particular purpose. This warranty is exclusive of all other costs and expenses of any nature and kind, including labor, to remove defective product and replace it with new product. Proof of ownership at the time of installation and proof of purchase from an ARXX distributor or dealer is required.
To the extent allowed by law, the remedies provided by this warranty are the sole and exclusive remedies. No distributor or dealer is authorized to expand or enlarge this warranty on behalf of ARXX.
Limitations of Liability
Except for the obligations specifically set forth in this warranty, in no event shall ARXX be liable for any direct, special, incidental or consequential damages, whether based on contract, tort, or any other legal theory, and whether advised of the possibility of such damages. If the preceding sole and exclusive remedies should be found to have failed their essential purpose, in no event shall ARXX liability or the owners remedy exceed the actual purchase price of the product.