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Limited Warranty

The following is important information about warranties for products manufactured by United States Gypsum Company or USG Interiors, LLC that are used outside the United States.

USG’s product-specific limited warranty (see USG Product Warranty Page for the list of products with a specific limited warranty) or USG’s Standard Limited Warranty for products with no product-specific warranty (see USG Standard Limited Warranty), shall apply to products used outside the United States subject to the following additional terms and conditions:

(1)  To the extent permitted by applicable law, any controversy, claim, or dispute arising out of or in connection with any USG product warranty shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules. (With regard to disputes relating to products used in China, all disputes arising out of or in connection with the warranty shall be submitted to the International Court of Arbitration of the International Chamber of Commerce and shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said Rules.)  The seat of the arbitration and the location of the arbitration shall be London, England; Sydney, New South Wales, Australia; Hong Kong; Singapore; Miami, Florida; or New York City, New York, whichever location is closest to the claimant’s principal place of business. All arbitrations shall be conducted in English.  Judgment on the award rendered by the arbitrator(s) shall be entered by any court having jurisdiction. TO THE FULLEST EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANY ARBITRATION RULE OR PROCEDURE, (A) NO CONTROVERSY OR CLAIM ARISING OUT OF RELATING TO THE AGREEMENT SHALL BE CONSOLIDATED OR JOINED WITH ANY OTHER PERSON’S CLAIM AND NO CLASS ACTION OR REPRESENTATIVE ARBITRATION SHALL BE PERMITTED UNDER THE AGREEMENT, AND (B) IF ANY CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED UNDER APPLICABLE LAW, THE PARTIES AGREE THAT SUCH ACTION SHALL BE ARBITRATED; (2) The USG product warranty does not apply to USG products that are sold to, delivered to, or used by countries, governments, or persons in violation of U.S. law, including the U.S. Export Administration Act and regulations of the U.S. Department of Commerce.

Australia and New Zealand:  Our goods come with guarantees that cannot be excluded under the Australian and New Zealand Consumer Laws.  If those laws apply to you, you are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.  You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

To consumers as defined in the Quebec Consumer Protection Act:  Under the Quebec Consumer Protection Act, manufacturers must provide a warranty to consumers, as defined in the Act, that the manufacturer’s products shall be fit for the purpose for which such products of that kind are ordinarily used and that the products must be durable in normal use for a reasonable length of time, having regard to their price and other factors.  For more information about your rights if you are a consumer as defined in the Act, you should consult the Quebec Consumer Protection Act at https://www.educaloi.qc.ca/en/capsules/legal-warranty-automatic-protection-consumers.

This limited warranty gives you specific legal rights, and you may also have other legal rights which may vary by country or jurisdiction.      

December 12, 2018