Common use of Required Maintenance Clause in Contracts

Required Maintenance. Once each year during the Recipient’s ownership of the Project the Recipient agrees to inspect the Project and the Product and perform the following maintenance tasks: • Check and repair, or cause to be repaired, all caulking, seams, fasteners and sealants to confirm proper adhesion. Repair or replace, or cause to be repaired or replaced, questionable areas with approved products and by qualified professionals. • Do a complete visual inspection of deck surface to confirm the absence of cuts or abrasions. Contact Company and Tuff if any suspect areas are located. • Never allow pressure treated lumber to contact vinyl. • Any and all leaks or water penetration of the Project or the Product are to be reported to the Company and Tuff immediately. • In connection with the Workmanship Warranty, service charges by the Company for customer-caused repairs are, as at the date of this Warranty, $ per hour (1 hour minimum); provided, however, the Recipient acknowledges and agrees that these charges may be changed by the Company upon prior notification by the Company. • Check all components of the Project and the Product for evidence of corrosion and clean, repair or replace, as applicable, components as required including, without limitation, as caused by accident, abuse, misuse, negligence, fire or act of God or if damaged by modifications, alterations or attachments made by, or other acts of, the Recipient which have not been authorized by the Company and Tuff. This is a two page document, please read the entire warranty to understand your rights and responsibilities. • The Project or the Product, or any part thereof, has been damaged by accident, vandalism, abnormal usage or abuse, misuse, negligence, fire, natural disasters (including, but not limited to, lightning, wind, hail, floods, earthquakes, ▇▇▇▇▇, hurricanes, tornadoes) or other act of God, settlement, warping, distortion, failure, normal weathering, cracking or movement of any deck, wall or foundation of building(s) on the Property, any damage by traffic on or about the Project or by impact of foreign objects or by contamination of the Product or of any membrane (in the case of the Workmanship Warranty) by corrosive chemicals, oils, greases, gases or any misuse, neglect or improper handling of the Project or the Product, infiltration or condensation or moisture in, through, around or above the walls, copings, HVAC systems or any part of any buildings or structures, ponding water caused by inadequate slope, improperly positioned drains or settling of any building or structure, lack of venting or the failure of the building or structure to prevent ingress of wind, vapour diffusion or precipitation into the Project or the Product or by other causes beyond the control of the Company or Tuff; • The Project, the Product or any part thereof has been damaged by delivery or transport damage or work, modifications, alterations, repairs or attachments made by, or other acts of, the Recipient or third parties which have not been authorized by the Company and Tuff or by any separate manufacturer of materials or components; • The Project, the Product or any part thereof has been damaged through contact with pressure treated lumber or wood or if the product or project is damaged from raw wood materials being left in unprotected and in contact with the product; • The Project, or any part or any materials or components thereof, has not been maintained in accordance with the then current instructions supplied by the Company or Tuff, which instructions can be located at the following website: ▇▇▇.▇▇▇▇▇▇.▇▇▇ or via an authorized Tuff dealer; • The Product was not installed: (i) in accordance with the then current installation standards of Tuff, which installation standards can be located at the following website: ▇▇▇.▇▇▇▇▇▇.▇▇▇ or via an authorized Tuff dealer; or