ORCO warrants to CUSTOMER that the articles manufactured by ORCO and delivered shall be free from manufacturing defects and conform to standards and specifications ORCO publishes and certifies at the time of shipment. ORCO MAKES NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSES), OTHER THAN THE FOREGOING EXPRESS WARRANTY.
Use or installation of the product by the CUSTOMER shall be an admission by the CUSTOMER and conclusive proof that such articles are in every respect as warranted and shall release ORCO from any and all claims for damage or loss sustained by CUSTOMER. For product not yet installed, CUSTOMER must submit a written breach of WARRANTY notice within 7 calendar days of delivery. Upon ORCO’s request, CUSTOMER is responsible for all costs incurred in returning product to the originating ORCO manufacturing facility for evaluation. If ORCO’s investigation supports the claim, the parties agree that CUSTOMER’S SOLE AND EXCLUSIVE REMEDIES SHALL BE REPLACEMENT OF THE DEFECTIVE ARTICLE. IN NO EVENT SHALL ORCO BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Variations in color or shades of color, texture and amount of aggregate visible are inherent in integrally colored, burnish, and shot blast concrete products. Exact matches are never guaranteed. No claims will be allowed for these variations. Since gray concrete products reflect the natural color of the raw materials used (no color is added during manufacturing), ORCO will automatically reject any claim regarding gray color variation. Efflorescence (white powdery deposit) is a naturally occurring phenomenon and is not considered a defect. Samples of ORCO concrete products are submitted as representative of type, color, shade, and texture. The products subsequently furnished may vary from such samples.
ORCO will not be liable for and nor recognize any claims made after the start of installation on products said to be incorrectly sized or shaded, inconsistent texture, not matching prior shipments, or otherwise held to be unsatisfactory. Any charges incidental to inspection or tests made by or on behalf of the CUSTOMER to determine compliance with specifications shall be paid by the CUSTOMER. Incidental chipping that occurs sometimes during shipping and installation does not impact the structural integrity of the product and is therefore never a defect. This limited warranty excludes failures caused by inadequate structural design, excessive loading, improper maintenance, staining, and site-specific issues impacting the structural integrity of the product. Natural elements – like sun, wind, and moisture – plus site-specific conditions/applications may cause concrete products to fade, which is never warrantable.
ORCO SHALL NOT BE LIABLE FOR ANY DAMAGE TO OR PERFORMANCE PROBLEMS WITH THE PRODUCTS RESULTING FROM POOR OR FAULTY INSTALLATION THAT IS NOT IN COMPLIANCE WITH CMHA BEST PRACTICE GUIDELINES (available at masonryandhardscapes.org). Product weights are approximate. All product formulations and published product counts per pallet are subject to change without notice. ORCO does not obligate itself to furnish signed receipts for material delivered.