Eco Blue Warranty

1. 10 Year Limited Warranty. Eco Building Products, Inc. (ECOB), warrants the Treated surface of non ground contact interior/exterior wood component(s) of a covered structure, which have been treated by an ECOB authorized coating facility with the ECOB WOOD – AF21, DOT Wood Preservative and WoodSurfaceFilmTM process (ECOB WOOD Treated Components) under the quality controls as defined in the ICC-ES Engineering Services Report ESR 3255. The surface of the ECOB WOOD Treated Component(s) is warranted to inhibit mold fungus growth/mycotoxin production on the cured surface of the film; rot fungi decay and wood ingesting insects (including subterranean or Formosan termites) or carpenter ants, due to the failure of ECOB WoodSurfaceFilmTM treatment while owned for 10 years by any owner/occupant from the date of purchase (Warranty Period). Such failure must render the ECOB WOOD Treated Component incapable of performing its intended function. This 10 Year Limited Warranty applies only to ECOB WOOD Treated Component(s) incorporated into residential and non-residential covered structure construction.

Furthermore ECOB warrants the treated surface of interior/exterior wood components of a covered structure for up to twelve (12) months in an exposed vertical framed state, subject to proper documentation indicating completion of structure exterior wrapping process. Subject to the Warranty Exclusions and Limitations of Liability set forth below, ECOB will repair, recoat, or replace, at no cost to the original owner-occupant, any ECOB WOOD Treated Component(s) that becomes unfit for its intended function or purpose, during the Warranty Period, solely as a result of mold fungus growth/mycotoxin production on the cured surface of the film; rot fungi decay or wood ingesting insects (including subterranean and Formosan termites), or carpenter ants, due to the failure of the certified ECOB WOOD - AF21, DOT Wood Preservative and WoodSurfaceFilmTM process. The Warranty Period begins on the date of purchase. This 10 Years Limited Warranty is transferable to successor(s) in interest of the original owneroccupant.

2. Warranty Exclusions This 10 Years Limited Warranty(s) (Warranty) does not cover, and specifically excludes, any loss or damage to any ECOB WOOD Treated Component(s) that has been caused in part or whole by:

• The inherent and natural Characteristics of some types of wood to split, warp, buckle, bow, collapse, twist or deform.
• Any application or use of an ECOB WOOD Treated Component(s) for which it was not intended.
• The performance or appearance of any additional top-coat system. These features are dependent upon quality of the top-coat and the application methods controlled by the applicator, manufacturer and subsequent maintenance detailed in the manufacturers’ application guidelines.
• Any exposed exterior untreated surface. ECOB WOOD End Cut sealer, a wood sealer or exterior paint must be applied to prevent wicking through the end-grain when used with a topcoat system. ECOB WOOD End Cut sealer should be applied to interior exposed surfaces only in areas of excessive moisture and wood ingesting insect opportunity.
• Improper installation of any ECOB WOOD Treated Component(s) or installation of such component in violation of any applicable law, rule, ordinance or code.
• Negligent or improper construction of the Covered Structure.
• Application of ECOB WOOD - AF21, DOT Wood Preservative and WoodSurfaceFilmTM process, to wood component(s) by anyone other than an ECOB authorized facility.
• Normal wear and tear that removes the protective surface, physical abuse or neglect of ECOB WOOD Treated Component(s).
• Existence of Wood destroying Basidiomycetes present on the wood surface prior to coating. Wood destroying Basidiomycetes attack wood cellulose below the surface starting wood rot process therefore ECOB wood treatment cannot reverse this damage.
• Wind, fire, lightning, ground subsidence or settlement, earthquake, flood or hail.
• Acts of God.
• Criminal activity, civil insurrection, riot, terrorism, or war
• Acts of government authorities or agencies.
• Improper installation of, defects in, or failure of any other building materials used in the Covered Structure.
• Wood destroying animals.
• Non wood ingesting insects.
• Treated Components used in a residential, commercial or manufacturing structure where any chemical or biological agents have been introduced.
• ECOB WOOD is not warranted in any way against destruction from fire.
• ECOB WOOD Treated Component(s) make claims against fire inhibiting properties and only represent these properties as defined in laboratory testing as published by ECOB. The Company does not and will not warrant that the ECOB Wood Component(s) will not eventually burn or the structure they are installed in will not burn or be damaged by fire.
• Due to the Eco-Friendly nature of our coating solution lumber knots have extreme density proposing a challenge for our coating to create a cured film surface. These knot areas are isolated as well as being statistically insignificant as a percentage of surface area and therefore do not significantly impact the overall performance of ECOB WOOD Treated Component(s).

3. Inspection and Maintenance/ Installation To maintain the warranty for supplemental wood ingesting insect protection, all applicable state and local building codes for a Primary Termite Treatment must be satisfied. NOTE: If state and/or local codes require a Primary Termite Treatment, the covered structure must be inspected at least once a year by a duly licensed and certified pest control operator, and the owner shall obtain a Subterranean Termite Re-Treatment Agreement and Pest Control Bond from a reputable pest control company effective throughout the term of this 10 Years Warranty, requiring re-treatment and repair of any structural damage by the pest control company. The owner shall claim against such bond before making a claim against ECOB. ECOB’s liability shall be for damage in excess of that covered by such bond. To maintain this warranty for supplemental wood ingesting insect protection if a claim is filed, a properly licensed contractor must complete product(s) installation and remedial work promptly. Additional treatments will be promptly conducted as necessary based on the results of the inspections. The Covered Structure in which the ECOB WOOD Treated Component(s) are installed must be in compliance with all applicable building codes. To qualify for the 10 Years Limited Warranty, ECOB WOOD Treated Component(s) cannot be used in (1.) an exterior exposure or in an interior space that creates an exterior environment, unless top-treated by an appropriate exterior paint, sealer or stain. (2.) direct contact with the ground (3.) any application which allows by design, building code, purpose or intent the accumulation of free standing water or prolonged wetting of water.

4. ECOB’s Maximum Liability or Obligation ECOB’s sole obligation and liability is limited to reasonable costs of recoating, removal, repair or replacement of the affected ECOB WOOD Treated Component(s), and including those costs incurred to restore structure to original condition, where ECOB has acknowledged, in writing, or the owner has demonstrated the certified ECOB WOOD – AF21, DOT Wood Preservative and WoodSurfaceFilmTM process (ECOB WOOD Treated Components) has failed because the Treated wood component(s) has become unfit for its original purpose due to mold fungus growth/mycotoxin production on the cured surface of the film and/or rot fungi decay and/or wood ingesting insects (including subterranean or Formosan termites) and/or carpenter ants. ECOB reserves the right to cure and have remedial work performed to rectify/satisfy the obligation and have affected ECOB WOOD Treated Component(s) certified free of mold fungus growth on the cured surface of the film or damage from rot fungi decay or wood ingesting insects (including subterranean or Formosan termites) or carpenter ants.

5. Exclusion of Implied Warranties Limitation of Liability: This warranty is the only warranty applicable to the certified installed components. This limited warranty is in lieu of all other warranties, and no other warranties otherwise including, without limitation, those arising from the course of dealing or usage of trade or advertising, shall be binding on or obligate ECOB, except where such warranties arise under applicable consumer product warranty laws. In that event, the warranty is limited to such shorter periods permitted or required by the prevailing applicable law. Any implied warranties applicable to the ECOB WOOD – AF21, DOT Wood Preservative and WoodSurfaceFilmTM process, including warranties of merchantability and fitness for a particular purpose are disclaimed and excluded to the fullest extent allowed by law. In no event will ECOB be liable for any incidental, special, indirect, multiple, punitive, or consequential damages or effects resulting from any defect in the ECOB WOOD – AF21, DOT Wood Preservative and WoodSurfaceFilmTM process, including, without limitation, loss of use, lost profits, diminution in value, or lost income, even if ECOB has been advised of the possibility of such damages or losses, or loss or damage to any non ECOB WOOD Treated Component(s) even if such loss or damage is caused by ECOB WOOD Treated Components.

6. Claim Procedure Notification To make a claim under this 10 Year Limited Warranty, the owner of the Covered Structure must notify the building contractor of the residential covered structure and/or ECOB in writing within thirty (30) days of the actual notice of mold fungus growth/mycotoxin production on the cured surface of the film or rot fungi or wood ingesting insect damage (including subterranean or Formosan termites) or carpenter ants to the ECOB WOOD Treated Component(s). Such notice must be sent by certified mail, return receipt requested, and must include the following information: date of discovery of mold fungus growth/mycotoxin production on the cured surface of the film or damage from rot fungi or wood ingesting insects (including subterranean or Formosan termites) or carpenter ants, a description of the covered structure and ECOB WOOD Treated Component(s) for which claim is being made, together with proof of ECOB WOOD – AF21, DOT Wood Preservative and WoodSurfaceFilmTM process of the Installed ECOB WOOD Treated Component(s) in question; photo(s) of damaged area and/or ECOB WOOD

Treated Component(s) supplier(s) and building owners telephone number must be sent to the following address(s): (1) Building contractor of the residential covered structure. (2) Eco Building Products, Inc., 909 West Vista Way, Vista California 92083.

7. Binding Arbitration Any controversy or claim arising out of or relating to this 10 Year Limited Warranty, or breach thereof, shall be settled by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator(s) may be entered in any United States court having jurisdiction thereof. Arbitration shall be exclusively in San Diego, California. Whenever a controversy or claim is submitted to arbitration hereunder, the award of the arbitrator(s) shall include an assessment of the costs and reasonable attorney’s fees in favor of the prevailing party. The 10 Year Limited Warranty shall be governed exclusively by the law of the State of California without regard for the country or state’s choice of law or conflicts of law’s rules.