LIFETIME WARRANTY

LIMITED WARRANTY
FOXGARD™ POOL WALL SYSTEM
PLEASE READ CAREFULLY – YOUR WALL WARRANTY NUMBER IS ________
FOX POOL Corporation, (ATTENTION: WARRANTY SECTION), 3490 Board Road, P. O. Box 549, York, Pennsylvania, 17405, (hereinafter called Fox) gives the following warranty subject to the following conditions: Warranted Product. This Warranty covers only the FOXGARD™ POOL WALL SYSTEM (herein sometimes called the Product).

1. Who is Covered by this Warranty.
   
   • You are covered by this warranty if you are the original property owner/consumer (i.e., not a builder or installer) or the first subsequent owner of the FOXGARD™ PRODUCT and you are a consumer.
   • To take advantage of the one time transferable warranty, you must write to Fox Pool Corporation, P.O. Box 549, York, PA 17405 or call 717‐764‐8581 to request the warranty transfer package. This warranty transfer package is available for a one time fee of $99.00. The warranty transfer package information must be completed and returned to Fox within ninety (90) days of the date the property where the Product was originally installed was transferred to the subsequent consumer owner.
   • If you are the original consumer, you must have properly completed and mailed the Warranty Registration Card as hereinafter provided. If you are the first subsequent consumer owner, the original consumer must have properly completed and mailed the Warranty Registration Card as hereinafter provided and you must have properly completed and mailed the warranty transfer package and paid the then applicable one‐time warranty transfer fee.
   • Fox does not extend this warranty to any third person including, but not limited to, members of your family, household, assignee or guests or any business. Fox authorizes no one to assume for Fox or create for Fox any liabilities concerning the sale of the FOXGARD™ PRODUCT
2. Limited Warranty. Fox warrants to you that the FOXGARD™ PRODUCT components are structurally sound and they will not deteriorate as a result of premature corrosion causing full penetration.
   
   • DEFECTS, MALFUNCTIONS or problems from any source or cause, including but not limited to fire, flood, act of God, tearing, cutting, tampering, design, faulty workmanship in POOLWALL INSTALLATION, improper POOLWALL SYSTEM assembly or erection, neglect, incorrect operation or lack of care, surface or underground water conditions, earth movements, soil erosion or any mechanical, chemical or other means or agencies are excluded from the warranty.
   • This warranty does not apply to any product, which has had its identification number altered, effaced or removed.
   • You and not Fox are responsible for the following which are NOT COVERED by this warranty:
     
     • Damage from handling during installation or transportation.
     • Damage resulting from servicing or repairing of FOXGARD™ PRODUCT by anyone other than an authorized Fox dealer, distributor or employee.
3. Coverage in the Event of a Manufacturing Defect. The obligation of Fox under this warranty is to either REPAIR or REPLACE the FOXGARD™ PRODUCT at the sole discretion and option of Fox. You will bear all of the following costs and expenses as to REPAIR or REPLACEMENT:
   
   • Removal and/or reinstallation of the FOXGARD™ PRODUCT including all labor and materials charges;
   • Removal of all the FOXGARD™ PRODUCT from the site of the Product to Fox’s plant at the address provided hereinbefore and transportation costs the return costs including, but not limited to, postage, storage, freight, insurance, handling, packaging and cleaning for shipment and all risk of loss during transit and storage;
   • Transportation costs envision the possibility of temporary storage of the FOXGARD™ PRODUCT at Fox’s authorized dealers and/or distributors during transit from the site of the Product to Fox’s plant at the address provided hereinbefore.
4. Warranty Period. The warranty begins on the date of installation of the FOXGARD™ PRODUCT and extends for the lifetime of the original owner or one subsequent owner, providing the subsequent owner of the property, where the pool was originally installed, properly transferred the warranty per paragraph 1(b‐c). If the original owner sells the property and the subsequent owner fails to transfer the warranty within 90 days, the warranty will be considered expired.
5. Limitations on Coverage. Fox’s obligations to REPLACE or REPAIR are subject to the following conditions and the failure of any one or more of these conditions shall relieve Fox from any obligations under this warranty or any implied warranty.
   
   • You must notify in writing, the local Fox dealer and/or distributor from whom the FOXGARD™ PRODUCT was purchased at the address provided below, and Fox at the address provided hereinbefore, within ten (10) days of the date when the defect is observed so that Fox or Fox’s dealer and/or distributor may have an opportunity to check the claim and determine if the claim is within the provisions of the warranty.
   • The full penetration on the FOXGARD™ PRODUCT must be caused solely by corrosion.
   • Payment of all transportation costs as provided hereinbefore.
   • No FOXGARD™ PRODUCT may be returned to Fox without the advance written permission by Fox to you.
   • Proper submission of the Warranty Registration Card and, if applicable, the Warranty Transfer Package as provided in paragraph 1. (c) hereof.
   • Proof of full penetration of the FOXGARD™ PRODUCT which has been caused by corrosion must be made visibly available to Fox Dealer or Distributor or representative if requested.