1. SCOPE OF WARRANTY

Viterra Systems (“Viterra”) warrants to the original purchaser that all polyvinyl chloride (PVC), polyethylene (PE), Acrylonitrile-Butadiene-Styrene (ABS), and conduit/plumbing/solvent-weld pipe products manufactured by Viterra (collectively, the “Products”) are free from defects in materials and workmanship and conform to the applicable industry standards identified on the Product at the time of manufacture.

This warranty applies only to Products purchased directly from Viterra or an authorized distributor and is valid for one (1) year from the date of the original invoice.

2. CONDITIONS AND EXCLUSIONS

This limited warranty does not cover damage, failure, or defects resulting from causes beyond Viterra’s control, including but not limited to:

  • Improper handling, storage, installation, alignment, or testing;
  • Use of incompatible materials, lubricants, adhesives, or solvents;
  • Exposure to chemicals or corrosive environments;
  • Freezing, overheating, or temperature shock of liquids within the Product;
  • Pressure spikes, surges, vibration, or water hammer;
  • Excessive ultraviolet (UV) exposure, weathering, or surface degradation;
  • Failure to comply with Viterra’s published installation and usage guidelines;
  • Failure to comply with applicable laws, codes, or recognized industry standards; or
  • Damage resulting from misuse, alteration, accident, neglect, or unauthorized modification.

This warranty applies only to Products manufactured by Viterra Systems.
Third-party products sold or distributed by Viterra are covered exclusively by the manufacturer’s own warranty, if any.

3. DISCLAIMER OF OTHER WARRANTIES

This limited warranty is the sole and exclusive warranty applicable to Viterra Products.

All other warranties, whether express, implied, statutory, or otherwise, including any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are expressly disclaimed.

No agent, distributor, or representative of Viterra is authorized to make any statement or representation that modifies or extends this warranty in any way. Any technical advice or recommendation provided by Viterra shall not create or imply any additional warranty obligation.

4. LIMITATION OF LIABILITY

Viterra’s liability under this warranty shall be limited, at its sole discretion, to one of the following remedies:

  1. Replacement of the defective Product with an equivalent Product at the original delivery location;
  2. Credit or refund equal to the original purchase price of the defective Product; or
  3. A combination of the above remedies.

Under no circumstances shall Viterra be liable for:

  • Removal, reinstallation, or labor costs;
  • Loss of profits, revenue, or use;
  • Business interruption, loss of goodwill, or damage to reputation; or
  • Any incidental, consequential, special, or punitive damages arising from or related to the Product, whether in contract, tort, or otherwise.

Viterra’s total cumulative liability for any claim, regardless of form or theory, shall not exceed the original purchase price of the Product giving rise to the claim.

5. WARRANTY CLAIM PROCEDURE

All warranty claims must be submitted in writing to Viterra Systems within the following time frames:

  • Ten (10) days from the date the defect is discovered, and
  • No later than one (1) year from the date of invoice.

Claims related to appearance defects (such as discoloration or UV fading) must be submitted within thirty (30) days of Product receipt.

Each claim must include:

  1. Proof of purchase showing the invoice date and Product details;
  2. A written description of the alleged defect;
  3. Authorization from Viterra, including a Return Goods Authorization (RGA) number prior to returning any Product; and
  4. Opportunity for Viterra to inspect the Product and, upon request, receive representative samples.

Failure to follow these procedures will void the warranty.

GOVERNING LAW AND DISPUTE RESOLUTION

This limited warranty and any dispute arising from or related to it shall be governed by and construed under the laws of the State of California, without regard to conflict-of-law principles.

All disputes shall be resolved exclusively in the state or federal courts located in Los Angeles County, California, or, at Viterra’s election, by binding arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association (AAA), held in Los Angeles County, California.

7. GENERAL PROVISIONS

This limited warranty may be modified or updated only by a written document signed by an authorized officer of Viterra Systems. If any provision of this warranty is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Viterra Systems reserves the right to revise or discontinue this warranty at any time without prior notice.