20 Year Limited Warranty
The Derby Fence Company warrants to the original purchaser that, for a period of twenty (20) years from the date of retail purchase, its products will be free from defects in material and workmanship and will not split, crack, peel, rot or be subject to wood-boring insect damage. This limited warranty shall not apply to any products which have been subjected to misuse, negligence or accident, or have been used in a manner contrary to manufacturer’s instructions. Derby Fence’s sole obligation shall be to replace the quantity of its product proved to manufacturer to be defective, providing the products are properly installed and are being used as originally intended. Any claims under this Limited Warranty must be made within twenty (20) years of retail purchase of the product, must be in writing, accompanied by proof of purchase, and must include the return of the defective product, freight prepaid, to Derby Fence.
IT IS EXPRESSLY AGREED THAT THIS SHALL BE THE SOLE AND EXCLUSIVE REMEDY OF THE PURCHASER. UNDER NO CIRCUMSTANCES SHALL THE MANUFACTURER BE LIABLE FOR ANY COSTS, LOSS, EXPENSE, DAMAGES, SPECIAL DAMAGES, INCIDENTAL DAMAGES OR CONSEQUENTIAL DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF THE PRODUCTS, WHETHER BASED UPON WARRANTY, CONTRACT, NEGLIGENCE OR STRICT LIABILITY. THE ABOVE EXPRESS LIMITED WARRANTIES ARE THE SOLE AND EXCLUSIVE WARRANTIES AVAILABLE TO YOU. NO OTHER EXPRESS WARRANTIES ARE MADE. ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR USE ARE EXCLUDED AND DISCLAIMED.
Disclaimer
Derby Fence is manufactured in America out of High Density Polyethylene. HDPE is a thermoplastic material and as such will exhibit some minimal sag between posts set at 8 feet apart. Typical sag between posts is approximately ¼”. Side to side bowing will be affected by color and exposure to the sun. For example, in a worst case scenario, black rails with a West or South facing exposure may move 2” or so, but will return again once the sun has shifted away from direct exposure. This is a natural movement inherent in the plastic material and will not affect the performance of a properly installed fence.
