AGT™ Glowing Mini Pebbles Limited Product & Glow Performance Warranty

Ambient Glow Technology – Limited Warranty

This Limited Warranty is provided by the Ambient Glow Technology entity identified as the seller on the purchaser’s invoice (“AGT™”) and applies solely to genuine AGT™ photoluminescent products purchased directly from AGT™ or an authorized AGT™ reseller.

Subject to the terms, conditions, exclusions and limitations below, AGT™ warrants to the original purchaser that its photoluminescent glow stone products and Glowing Mini Pebbles (“Products”) will be free from material manufacturing defects and will retain their photoluminescent capability for a period of twenty (20) years from the original date of purchase, when properly stored, handled, installed, exposed to light and used in accordance with the applicable AGT™ Technical Data Sheet and written product instructions.

This warranty is limited exclusively to the AGT™ Product itself and its photoluminescent performance. It is not a warranty of any concrete, asphalt, pool plaster, coating, resin, adhesive, substrate, finished surface, installation system or completed project into which an AGT™ Product is incorporated.

This warranty is provided to the original purchaser only and is non-transferable, except where otherwise required by applicable law.

IMPORTANT — PRODUCT WARRANTY ONLY

AGT™ IS A SUPPLIER OF PHOTOLUMINESCENT MATERIALS AND DOES NOT WARRANT THE DESIGN, MIX DESIGN, APPLICATION, INSTALLATION, WORKMANSHIP, BOND, ADHESION, EMBEDMENT, EXPOSURE, RETENTION, DURABILITY OR PERFORMANCE OF ANY CONCRETE, ASPHALT, POOL PLASTER OR OTHER MATERIAL OR FINISHED SYSTEM INTO WHICH AN AGT™ PRODUCT IS INCORPORATED.

The contractor, installer, applicator, architect, engineer, pool plasterer and/or project owner are solely responsible for determining the suitability of the Product for the intended application and for the proper design, preparation, installation, finishing and maintenance of the completed surface.

The incorporation of an AGT™ Product into another material does not make AGT™ a manufacturer, designer, installer or warrantor of that finished system.

Glow Appearance & Performance Expectations

Photoluminescent materials absorb available UV and visible light and release that stored energy after the charging source is reduced or removed. Glow is naturally strongest immediately after charging and gradually becomes softer over time.

Actual visible glow intensity is not guaranteed to match photographs, renderings, samples or previous installations. Glow appearance can be significantly affected by available sunlight or UV exposure, surrounding artificial lighting, water depth, surface exposure, ambient conditions, coatings, sealers, dirt, scale, installation density and viewing conditions.

For a brighter and more extended after-glow, AGT™ Products may be rapidly super-charged with a suitable UV light for approximately 1–2 minutes. Some pool and project photography displayed by AGT™ reflects these enhanced charging conditions. Repeated UV charging may be performed as often as desired in accordance with AGT™ recommendations.

Photographs and videos are illustrative and do not constitute a warranty that every installation will achieve an identical visual appearance or brightness.

Glowing Mini Pebbles & Pool Plaster Applications

AGT™ Glowing Mini Pebbles (“GMP”) are supplied solely as a photoluminescent aggregate component for incorporation into compatible finishes.

AGT™ DOES NOT WARRANT ANY POOL PLASTER, PEBBLE FINISH, QUARTZ FINISH, CEMENTITIOUS FINISH OR OTHER POOL SURFACE INTO WHICH GLOWING MINI PEBBLE IS INCORPORATED.

This warranty specifically excludes any claim relating to:

plaster cracking, checking or structural movement;
delamination, debonding or plaster failure;
aggregate or glowing mini pebble loss, release or pop-outs;
mottling, staining or discoloration;
scaling, calcium deposits or mineral buildup;
etching or surface deterioration;
roughness or variations in surface texture;
improper troweling, finishing or aggregate exposure;
acid washing, polishing or other finishing procedures;
water chemistry, pool start-up or maintenance procedures;
improper curing or premature filling;
improper glowing mini pebble loading, distribution or placement;
excessive embedment or insufficient exposure of the glowing mini pebble at the surface;
incompatibility with third-party plaster, cement, aggregate, additive or chemical systems; or
any condition affecting the pool finish other than a verified manufacturing defect in the AGT™ Product itself.

References by AGT™ to third-party pool finish brands, plaster systems or products are provided only as examples of applications in which AGT™ Products have been used. Such references do not constitute an endorsement, certification, compatibility warranty or warranty of the third-party product or finished installation.

Pool plaster formulation, installation, finishing, exposure, water chemistry and start-up procedures remain solely the responsibility of the pool finish manufacturer, applicator and/or pool contractor.

Inspection Before Permanent Installation

Because AGT™ Products are commonly incorporated into permanent substrates, the purchaser and installer are responsible for inspecting the Product before installation.

Prior to permanent incorporation, the purchaser or installer should confirm the Product type, color, size and quantity and perform a reasonable charging and glow test.

Installation constitutes acceptance of characteristics that were reasonably observable before installation and of the purchaser’s decision to use the Product in the selected application. This provision does not exclude a valid claim involving a latent manufacturing defect that could not reasonably have been identified before installation.

Additional Warranty Exclusions

AGT™ shall have no liability under this Limited Warranty for damage, loss, failure or reduced performance resulting from:

misuse, abuse, negligence or improper handling or storage;
improper installation or failure to follow AGT™ written instructions;
structural or substrate failure;
normal wear and tear;
excessive abrasion or mechanical damage;
chemical attack or contamination;
coatings, sealers, plaster, cement paste or other materials that cover the Product or inhibit the transmission of charging or emitted light;
dirt, algae, scale, mineral deposits or other surface contamination;
modification of the Product;
conditions of use outside those reasonably contemplated by AGT™;
hurricanes, floods, earthquakes, lightning, fire or other events beyond AGT™’s reasonable control; or
failure to comply with applicable laws, building codes, project specifications or accepted industry practices.

Technical Information Is Not Installation or Engineering Advice

AGT™ Technical Data Sheets, installation guides, application rates, correspondence, telephone discussions, photographs, drawings, field observations and other technical information are intended to assist purchasers in evaluating and using AGT™ Products.

Unless expressly agreed otherwise in a written agreement signed by AGT™, such information does not constitute architectural, engineering, structural, paving, concrete, asphalt, pool construction or plastering advice and does not make AGT™ responsible for project design, construction methods, contractor workmanship or the finished installation.

The purchaser and its professional advisers and contractors remain responsible for determining the suitability of the Product for each particular project.

Warranty Claims Procedure

A purchaser seeking warranty coverage must notify AGT™ promptly after discovering the alleged defect and provide reasonable information necessary for AGT™ to investigate the claim, including where applicable:

proof of purchase;
Product identification and batch or lot information, if available;
photographs of the Product and installation;
information concerning charging and viewing conditions;
installation details and application method;
information concerning coatings, sealers or other materials applied over the Product; and
an unused Product sample or other representative sample where reasonably available.

AGT™ may request additional information or testing reasonably necessary to determine whether the Product itself contains a covered manufacturing or photoluminescent performance defect.

Exclusive Limited Warranty Remedy

If AGT™ determines that an AGT™ Product has a manufacturing defect or covered photoluminescent performance defect, AGT™’s obligation under this Limited Warranty shall, to the maximum extent permitted by applicable law, be limited at AGT™’s option to:

(a) replacement of the affected quantity of defective AGT™ Product; or
(b) refund of the original purchase price paid for the affected quantity of defective AGT™ Product.

AGT™ SHALL NOT BE RESPONSIBLE FOR THE COST OF REMOVING, DEMOLISHING, EXCAVATING, REPAIRING, REPLACING, REFINISHING OR REINSTALLING CONCRETE, ASPHALT, POOL PLASTER, PAVERS, COATINGS, RESINS, LANDSCAPING OR ANY OTHER MATERIAL OR FINISHED SURFACE INTO WHICH AN AGT™ PRODUCT HAS BEEN INCORPORATED.

AGT™ shall likewise not be responsible for contractor charges, labour, equipment, project delays, shutdowns or other costs associated with accessing or replacing an incorporated Product, except where such limitation is prohibited by applicable law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AGT™ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF USE, LOST REVENUE, LOST PROFITS, BUSINESS INTERRUPTION, PROJECT DELAY, LOSS OF GOODWILL, COST OF SUBSTITUTE MATERIALS OR THIRD-PARTY CONTRACTOR COSTS, ARISING FROM OR RELATING TO THE PRODUCT OR ITS INSTALLATION.

These limitations apply regardless of whether a claim is asserted in contract, warranty, negligence, tort, strict liability or otherwise and regardless of whether AGT™ was advised of the possibility of such damages, except to the extent such liability cannot lawfully be excluded or limited.

To the maximum extent permitted by applicable law, AGT™’s aggregate liability arising from or relating to an affected Product shall not exceed the purchase price actually paid to AGT™ for that affected Product.

Commercial Purchasers — Disclaimer of Other Warranties

For purchasers acquiring AGT™ Products for business, commercial, industrial, governmental, municipal or resale purposes, and to the fullest extent permitted by applicable law, this Limited Warranty is the sole and exclusive warranty provided by AGT™.

Except for the express warranty stated herein, AGT™ disclaims all other representations, conditions, warranties and guarantees, express, implied, statutory or otherwise, including any implied condition or warranty of merchantable quality, fitness for a particular purpose or suitability for a particular project, to the extent such conditions or warranties may lawfully be excluded or varied.

Consumer Rights

Nothing in this Limited Warranty is intended to exclude, restrict or modify any statutory warranty, condition, remedy or consumer right that cannot lawfully be excluded, restricted or modified.

Where mandatory consumer protection legislation applies and conflicts with any provision of this Limited Warranty, the mandatory legislation shall prevail to the extent of the conflict.

Consumers may therefore have additional rights depending upon the province, state or country in which the Product was purchased or used.

No Life-Safety Reliance

Unless expressly certified and agreed to by AGT™ in writing for a specific application, photoluminescent aggregate Products are decorative and supplemental visibility products and should not be relied upon as the sole source of code-required lighting, emergency illumination, roadway illumination, traffic control, life-safety marking or emergency egress lighting.

Our Glow Guarantee

Since 2005, AGT™ has specialized in high-performance photoluminescent aggregate technology. We stand behind the photoluminescent performance of genuine AGT™ Products in accordance with the terms of this Limited Warranty.

Our warranty covers the glow product itself. The quality and performance of the concrete, asphalt, pool plaster or other material into which it is installed remain the responsibility of the parties designing and performing that work.

Governing Law and Jurisdiction

For commercial and business purchasers, this Limited Warranty and any dispute arising from or relating to it shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-law principles.

Commercial purchasers irrevocably attorn to the exclusive jurisdiction of the courts of Ontario, Canada and the courts competent to hear appeals therefrom.

For consumer transactions, this provision applies only to the extent permitted by mandatory applicable consumer protection law.

Entire Warranty; No Unauthorized Modification

This Limited Warranty constitutes AGT™’s complete written limited warranty concerning the Products and supersedes prior warranty statements concerning the same subject matter.

No distributor, reseller, contractor, installer, sales representative, employee or other person is authorized to expand, modify or create any warranty on behalf of AGT™ beyond the terms expressly stated herein unless the modification is contained in a written agreement signed by an authorized officer of AGT™.

Marketing materials, photographs, samples and oral representations do not expand this Limited Warranty except to the extent otherwise required by applicable law.

If any provision of this Limited Warranty is determined to be invalid or unenforceable, that provision shall be limited or severed to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.