Explanation of Product Warranties Effective April 10, 2018

Standard Limited Warranty

All KreteTek Industries Inc. products are warranted against manufacturing defects for 90 days from date of original purchase. If the product is found to be defective under this warranty, the exclusive remedy shall be replacement of the defective product F.O.B. factory. Such product replacement shall constitute the sole and exclusive remedy for any claim under this warranty.

Parameters/Tolerances:

  • For any claim covered by this warranty original purchaser must supply proof of purchase (the original sales receipt), an explanation of the manufacturing defect and the product must be made available for inspection by KreteTek Industries Inc. prior to product replacement. Failure to produce product and documentation renders warranty null and void in its entirety. No claim will be honored unless KreteTek Industries Inc. is given an opportunity to inspect the allegedly defective product.
  • KreteTek Industries Inc. will not be responsible for lost profits, revenues, damages or time resulting from the purchase and/or use of the products.
  • KreteTek Industries Inc.’s entire liability shall be limited exclusively to product replacement, NO LABOR. Installation materials, substrate replacement and costs associated with labor for the application, removal and/or re-application of any product are also excluded from this warranty. KreteTek Industries Inc. will replace with equivalent or comparable product, at no charge F.O.B. Factory.
  • Warranty is non-transferable, meaning the warranty cannot be assigned to another party. For example, if the dwelling or property that is sealed with this product is sold, leased or rented to another party, then the warranty is no longer valid.

100 Year Warranty:

KreteTek Industries Inc. warrants that products used in accordance with the label instructions, will not 1. delaminate from properly prepared surfaces, 2. peel, chip or flake from properly prepared surfaces 3. fade or deteriorate from UV light exposure from properly prepared surfaces. This warranty shall be effective for a period of 100 years from date of purchase. This warranty is non-transferrable. If this product fails to perform as explained above when used according to label instructions within the warranty period, KreteTek Industries Inc. will, upon presentation of proof of purchase (original sales receipt) and inspection, provide an equivalent or comparable product at no charge F.O.B. factory. Such product replacement shall constitute the sole and exclusive remedy for any claim under this warranty. Since we have no control over surface preparation or application, THIS 100 YEAR WARRANTY DOES NOT INCLUDE THE COST OF: LABOR, INSTALLATION MATERIALS FOR APPLICATION, APPLICATION REMOVAL OR REAPPLICATION OF SEALER OR SUBSTRATE REPLACEMENT.

Parameters/Tolerances:

  • Products covered: Sila-Tek 3500, Lithi-Tek 4500, Lithi-Tek 9500, Siloxa-Tek 8500, Siloxa-Tek 8505, Siloxa-Tek 8510
  • This Warranty shall not apply to any defect or damage resulting from improper surface preparation, structural defects, failure of a previous sealer/coating or improper application of the product as described in the directions on the label of this container.
  • For any claim covered by this warranty original purchaser must supply proof of purchase (the original sales receipt). Original purchaser must also provide documentation including but not limited to: the substrate moisture content at time of application, devices utilized to test moisture content, time stamped photo depicting moisture content and devices utilized prior to application. Failure to produce documentation renders warranty null and void in its entirety. No claim will be honored unless KreteTek Industries Inc. is given an opportunity to inspect the product and application photos. Failure to produce product and application photos for inspection renders the warranty null and void in its entirety.
  • KreteTek Industries Inc. will not be responsible for lost profits, revenues, damages or time resulting from the use of this product. Nor will we be responsible for damages to the application underlying our products.
  • KreteTek Industries Inc.’s entire liability shall be limited exclusively to providing replacement sealer to repair the delamination. Warranty only covers product replacement, NO LABOR. Installation materials, substrate replacement and costs associated with labor for the application, removal and/or re-application of any product are also excluded from this warranty. KreteTek Industries Inc. will replace with equivalent or comparable product, at no charge F.O.B. Factory.
  • Warranty is non-transferable, meaning the warranty cannot be assigned to another party. For example, if the dwelling or property that is sealed with this product is sold, leased or rented to another party, then the warranty is no longer valid.

This warranty does not cover:

  • Mold, mildew, and organic growth damage
  • Water absorption, water damage, water infiltration and water intrusion
  • Chloride and salt related damage including but not limited to spalling, pitting and cracking
  • Staining from oils, greases, and other automobile fluids
  • Staining from organic materials including but not limited to dirt, leaves, fruit, berries, nuts
  • Aesthetic issues with the finished products
  • Improper installation
  • Ordinary wear and tear
  • Cracks that develop after the application that are a result of the substrate and/or substrate movement or damage caused by building shifts
  • Any item which might be expected to damage the product including but not limited to: abuse, negligence, falling objects, fire, hurricane, earthquake, tornado or other natural disaster, exposure to extreme heat or accident.
  • Damage caused by heavy use and/or traffic, abusive conditions or accidents, including, but not limited to, scratching and scuffing.
  • Any color or shade variations, different markings, holes, pits, inclusions, veining, density and any element inherent to the natural substrate,
  • Misuse of product or workmanship not in accordance with manufacturer's instructions and applicable industry standards and building codes.
  • Cost of labor for application, removal or reapplication of sealer, installation materials, substrate replacement
  • Improper maintenance of the finished installation that results in aesthetic and/or performance problems
  • Substrate/structural failure resulting in the delamination of the KreteTek Industries Inc. product(s)

KreteTek Industries Inc. warrants our products are manufactured to strict quality assurance specifications and that the information supplied by us is accurate to the best of our knowledge. Such information supplied about our products is not a representation or a warranty. It is supplied on the condition that you shall make your own tests to determine the suitability of our product for your particular purpose. Any use or application other than recommenced herein is the sole responsibility of the user. Listed physical properties are typical and should not be construed as specifications. No warranty is made, expressed or implied, regarding such other information, the data on which it is based or the results you will obtain from its use. We shall have no liability for incidental or consequential damages, direct or indirect. No representative is authorized to make any representation or warranty or assume any other liability on our behalf with any sale of our products.

Acceptance of delivery of our product means that you have accepted the terms of this warranty whether or not purchase orders or other documents state terms that vary from this warranty. No representative is authorized to make any representation or warranty or assume any other liability on our behalf with any sales of our products. Our products contain chemicals that may cause serious physical injury. Before using, read the Safety Data Sheet and follow the precautions to prevent bodily harm.

Any and all disputes or claims arising out of the use of this product, or relating to the provisions of this warranty, must be arbitrated utilizing services of a neutral dispute resolution service upon which the buyer and KreteTek Industries Inc. agree, or if they cannot agree, utilizing the services of American Arbitration Association.

All communication pertaining to the claims will be handled through KreteTek Industries Inc. the manufacturer. The performance of repairs under this warranty will not toll the running of the warranty period.

These Warranties and the remedies provided hereunder are exclusive and given in lieu of all other warranties (whether written, oral, implied or statutory). There are no other warranties, either expressed or implied, including, but not limited to, warranties of merchantability, and fitness for a particular purpose that extend beyond the described herein. The owner’s sole exclusive remedy against KreteTek including claims based upon it’s negligence or strict liability, shall be limited solely to the costs of sufficient replacement materials, no labor, installation materials or substrates.

KreteTek shall have no liability for any damage to other components or contents of the application, not for any consequential or incidental damages including, but not limited to, lost profits, sales or revenues, loss of use of application, cost of capital, cost of a substitute building, facilities or services, downtime cost or claims of tenants of the building for such damages or personal injury.

This warranty is solely for the benefit of the owner of this product at the time of treatment in which product is applied, and it does not extend to any successors or assignees of said owner.

This warranty is made and entered into the State of New Hampshire and shall in all respects be interpreted, enforced and governed under the laws of said state.

This warranty may not be modified or extended by representatives of KreteTek Industries Inc., it’s agents, or distributors.

Owner shall notify KreteTek Industries, Inc., in writing, within 15 days of the discovery of the alleged defect or claim. Mail written claim along with proof of purchase to the following address: KreteTek Industries Inc., 66 River Road Hudson, NH 03051 Attn: Customer Service