Fiberr Fiber Reinforced Resins

Limited Warranty — 24-Month Manufacturer Warranty

Definitions

For purposes of this Limited Warranty, the following terms shall have the meanings set forth below.

1. Manufacturer shall mean Fiberr Fiber Reinforced Resins, a company organized under the laws of the Republic of Türkiye.
2. Distributor shall mean Fiberr USA, LLC or the applicable Fiberr-affiliated selling entity acting as the authorized representative of the Manufacturer.
3. Buyer shall mean any distributor or reseller that purchases the Products directly from the Manufacturer or Distributor, and such distributor’s or reseller’s direct customer that purchases the Products from such distributor or reseller. Buyer shall not include any other downstream purchasers, end users, or third parties beyond such direct customer.
4. Products shall mean the FRP (Fiber Reinforced Plastic) products supplied by the Manufacturer. Delivery shall be defined in accordance with the applicable Incoterms® 2020 rule specified in the governing sales documentation.
5. Technical Data Specifications shall mean the product documentation in effect at the time of order confirmation, including, as applicable, the Fiberr Grating Catalog for grating products, the Technical Data Sheet provided with pultrusion and sheet products, and the Guardrail Systems Product Sheet for guardrail systems. In the event of any conflict between Technical Data Specifications, the TDS shall control.
6. Business Day shall mean any day other than a Saturday, Sunday, or United States federal holiday.

Limited Warranty

This Limited Warranty is a factory warranty issued by the Manufacturer. The Distributor acts solely as the Manufacturer’s authorized representative for purposes of sales, customer support, and administration of warranty claims.

The Manufacturer warrants that the Products shall, for a period of twenty-four (24) months from the date of Delivery, on a per-shipment basis, be free from defects in materials and workmanship under normal use and service conditions and shall conform to the applicable Technical Data Specifications.

The Distributor shall serve as the primary point of contact for all warranty claims and communications. All claims shall be submitted to the Distributor, who will coordinate with the Manufacturer for evaluation, determination, and administration of any applicable remedy. Any final determination regarding warranty coverage and remedy shall be made by the Manufacturer.

All values set forth in Technical Data Specifications are nominal or typical unless expressly identified as guaranteed. Performance, including UV resistance and corrosion resistance, shall be evaluated solely against the Technical Data Specifications, including published chemical compatibility and environmental exposure data and associated test methods. Compliance with any other standards, codes, or requirements is expressly excluded unless specifically incorporated into the Technical Data Specifications.

The Buyer acknowledges that it has not relied upon any representations or statements other than those expressly set forth in the Technical Data Specifications and this Limited Warranty, and that any oral statements or representations are non-binding.

This Limited Warranty applies solely to the original purchaser. If the original purchaser is a distributor, such distributor must pass through this Limited Warranty in its entirety and without modification to its customer; failure to do so shall render this Limited Warranty void.

This Limited Warranty does not constitute a guarantee of product design life or service life beyond the stated warranty period.

Delivery, Risk of Loss, and Shipping Insurance

Delivery and transfer of risk shall be determined in accordance with the Incoterms® 2020 rule specified in the applicable sales documentation. Where the Manufacturer arranges shipping, transit risk shall be covered by shipping insurance. Where the Buyer arranges shipping, the Buyer shall be solely responsible for obtaining insurance. The Buyer will always be responsible for initiating and managing shipping insurance claims.

All damage occurring during shipping or transit is expressly excluded from this Limited Warranty. Recovery under applicable shipping insurance shall be the sole and exclusive remedy for any such damage, and the Manufacturer shall have no liability in the event such insurance claim is denied for any reason. The Products shall be packaged in accordance with the Manufacturer’s standard packaging practices. The Buyer agrees to cooperate fully in the processing of any shipping insurance claim and shall not take any action that would prejudice coverage.

Warranty Conditions and Claim Procedure

The Buyer shall inspect all Products promptly upon Delivery. Installation or use of the Products shall constitute acceptance, except with respect to defects properly reported in accordance with this Section. Any claim for visible defects, shortages, or nonconformities must be submitted in writing within fifteen (15) Business Days following Delivery. Any claim for latent defects must be submitted in writing within fifteen (15) Business Days following discovery and, in all cases, within the applicable warranty period.

All claims must include the applicable order number, product identification, quantity affected, estimated defect rate, a detailed description of the alleged defect, and supporting photographic evidence. The Buyer shall provide all required supporting documentation and any requested samples within five (5) Business Days following the initial notice of claim. The Buyer shall preserve defective Products or representative samples in quantities specified by the Manufacturer, and failure to do so may result in denial of the claim.

Upon discovery of a defect, the Buyer shall immediately cease use and installation of the affected Products unless continued use is expressly authorized in writing by the Manufacturer. Unauthorized continued use shall void any warranty claim. The Buyer shall take all reasonable steps to mitigate damages, including the resale or use of conforming or partially conforming Products, and any salvage value realized shall be credited against any claim.

The Manufacturer shall have the right to inspect the Products and any alleged defects and may request additional information, including product samples, as reasonably necessary. The Manufacturer shall respond to claims within a commercially reasonable time and shall determine the appropriate remedy following inspection and evaluation. No Products may be returned without the Manufacturer’s prior written authorization. The Buyer shall not perform or authorize any repair, modification, or alteration without prior written approval from the Manufacturer, and any unauthorized repair shall eliminate eligibility for reimbursement or warranty relief.

The Buyer acknowledges that it is solely responsible for system design, engineering, and compliance with all applicable codes and regulations. The Products must be used strictly within the limits defined in the Technical Data Specifications. The Buyer shall provide timely and reasonable cooperation with the Manufacturer throughout the evaluation and cure process.

Any testing performed in support of a claim must be conducted by a third-party accredited U.S. laboratory or a mutually agreed equivalent accredited laboratory and must utilize the methods specified in the Technical Data Specifications.

Exclusions from Warranty

This Limited Warranty shall not apply to, and the Manufacturer shall have no liability for, any damage, defect, or failure resulting from third-party designs, specifications, or instructions; improper combination of the Products with incompatible materials or systems; improper or unsuitable substrate, structural support, or site conditions; improper storage, handling, or transportation after Delivery; any shipping or transit-related damage; improper installation, assembly, or maintenance; misuse, abuse, negligence, vandalism, accident, or impact; exposure to chemical, UV, temperature, or environmental conditions beyond those specified in the Technical Data Specifications; excessive abrasion, overloading, or improper load conditions; acts or omissions of third parties, including contractors or installers; mechanical damage such as cracking or chipping; force majeure events; normal wear and aging; or aesthetic changes, including color variation, fading, chalking, gloss loss, or fiber bloom.

This Limited Warranty also excludes discoloration that does not result in failure to meet the Technical Data Specifications, differences in color or shade between production runs, minor nonconformities that do not affect performance as determined by the Manufacturer in its reasonable discretion, normal manufacturing variability inherent in FRP production, dimensional variations within ASTM or Manufacturer-stated tolerances, improper installation sequencing, and any fasteners, clips, coatings, or other components not supplied by the Manufacturer.

Exclusive Remedy and Limitation of Liability

The Buyer’s sole and exclusive remedy for any valid claim under this Limited Warranty shall be at the Manufacturer’s sole option, repair, replacement, or issuance of credit. The Manufacturer shall have a commercially reasonable opportunity to cure any defect, considering production lead times and logistical considerations. Remedies shall be provided primarily in the form of credits applied to future orders; however, the Manufacturer may, at its sole discretion, issue a refund where no ongoing commercial relationship exists.

The Manufacturer’s total liability shall be limited to the purchase price of the specifically identified and proven nonconforming Products. Under no circumstances shall the Buyer be entitled to reject an entire batch or shipment unless all units are proven defective. The Buyer shall not withhold payment or set off any amounts claimed, and any unauthorized withholding shall constitute a material breach of the warranty.

The Manufacturer shall be responsible only for the cost of shipping replacement Products. The Buyer shall bear all other costs, including labor, removal, installation, equipment, access, testing, and downtime. The Manufacturer shall have no liability for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of use, delay damages, or penalties. Failure of any remedy shall not expand the Manufacturer’s liability beyond the limitations set forth herein, and delays in repair or replacement shall not constitute a breach of warranty.

Warranty Period Following Remedy

Any Product repaired or replaced under this Limited Warranty shall be covered for the remainder of the original warranty period or for six (6) months from the date of repair or replacement, whichever is longer. No remedy shall extend or reset the original warranty period.

Samples and Prototypes

Samples, prototypes, and trial materials are provided “as-is” without any warranty of any kind.

Disclaimer of Warranties

This Limited Warranty constitutes the sole and exclusive warranty provided by the Manufacturer. All other warranties, whether express, implied, or statutory, including any implied warranties of merchantability or fitness for a particular purpose, are hereby disclaimed. This Limited Warranty is not a performance guarantee or insurance policy.

Governing Law, Venue, Dispute Resolution, and Survival

This Limited Warranty shall be governed by the laws of the State of Florida, and any dispute shall be brought exclusively in Broward County, Florida. The parties agree to attempt in good faith to resolve any dispute through negotiation prior to initiating legal proceedings. The prevailing party in any dispute shall be entitled to recover its reasonable attorneys’ fees and costs.

This Limited Warranty constitutes the entire agreement with respect to warranty and supersedes all prior or contemporaneous representations. All provisions shall survive Delivery, repair, replacement, or termination. Standards referenced herein shall be those in effect at the time of order confirmation. Section headings are for convenience only and shall not affect interpretation. If any provision is unenforceable, the remaining provisions shall remain in full force and effect. Failure to enforce any provision shall not constitute a waiver.

No Third-Party Beneficiaries

This Limited Warranty is provided solely for the benefit of the Buyer as defined herein and does not confer any rights or remedies upon any third party.