D & A Tack

We regret that this homeowner is not fully satisfied by our product, but our last offer is our full and final offer

The homeowner's claim relates to mold growth on his Trex deck Mold growth on a Trex deck is not due to any defect in the product, but rather environmental conditions, and it can be cleaned Trex fully disclosed that Trex boards, like any exterior surface, require periodic cleaning, and mold growth may occur if the necessary environmental conditions are present We also include instructions on how to clean mold on our website In any event, with respect to the homeowner's claim for mold growth, his rights are governed exclusively by the terms of a national class action settlement Under the terms of the settlement, the time period to have submitted a claim has passed, so the homeowner would not be able to submit a claim.We would also note that at the time the homeowner purchased the Trex product in 2013, we did have available our second generation "capped" product which has a proprietary shell on the surface that is mold resistant, and comes with a year fade and stain warranty that includes a warranty against mold stainingWe regret that the homeowner is not satisfied with his Trex deck, but we cannot offer him any remedy

The claimant makes some serious misrepresentations about Trex and its products She claims that when our CEO joined Trex, "he chose to use cheaper products in hopes of saving Trex money and in the long run this cost them money because it made their products worse." This is a blatently statement She also claims that Trex is in breach of its own warranty The Trex Limited Warranty that was in effect in when she purchased her product (and which is the same warranty in effect for products sold today) provides that Trex will replace any product that has a material defect in materials or workmanship or refund the original purchase price However, it clearly provides as follows: "This warranty shall not cover and Trex shall not be responsible for costs and expenses incurred with respect to the removal of defective Trex products or the installation of replacement materials, including but not limited to labor and freight." I have attached a copy of the Trex Limited Warranty The claimant's deck has signs of surface damage We do not know how this was caused It could be a manufacturing defect or it could be due to something the claimant did, such as a spill of chemicals or other foreign substances In any event, we agreed to cover it under our Limited Warranty Since we no longer manufacture this particular product, we agreed to pay her the current retail price (which is more than the original purchase price) of our current product The claimant is demanding reimbursement for labor as well As clearly stated in our warranty, we do not include labor to replace the deck Contrary to the claimant's statement, this is not a "breach" of our warranty We are simply applying the warranty as written Trex Company

As stated in our prior response, our Limited Warranty provides for replacement or refund of purchase price, but excludes payment of labor expenses to install the replacement decking The amount that the homeowner refers to of $7,was from the original contract with the contractor who built the deck This amount includes both the materials and the labor to install them Under our Limited Warranty, we are not responsible for labor The amount we have offered of $3,is well in excess of the retail price of replacement material

*** *** has filed a claim against Trex for "surface flaking" on his Trex decking boards.
On April 7, 2010, the U.SDistrict Court for the Northern District of California issued a Final Order approving a class action settlement covering the same defect affecting the Trex
product installed at *** ***'s home. Copies of the relevant documents can be found at www.trex.com/legal/classactionsettlement.aspx
Pursuant to the terms of the settlement, Trex has agreed to replace any decking boards suffering from the defect, and provide a labor payment in the amount of $per linear feet of replaced product. The offer made to *** *** is consistent with these terms
Trex has replaced tens of thousands of decks under the terms of the class action, and is legally obligated to apply those same terms to every claimant. We cannot pay *** *** any more for labor than what is provided for in the settlement
Trex Company

Under the terms of our class action settlement, we cannot provide materials and full labor. The offer that I made to homeowner of the 40% rebate certificate is the best that we can offer

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
Nothing
should preclude Trex from making its customers whole. Thousands of
dollars have been spent on Trex products and installation less than years
ago. Should Trex not have had such a significant defect in their product
during this production period we would not have to be replacing the entire deck
at significant expense. If we only had to replace a few boards due to a
warranty issue we could simply get it done. We are looking at having to
replace all the deck due to this Trex manufacturing defect at a significant
expense. The cent per linear foot ($300-400) does not even
cover the cost to have the defective decking removed and disposed of
In good
faith we would like to think Trex would stand behind their product as
advertised and make good on this with us. We appreciate the offer to send
replacement boards yet we believe that Trex should step up and cover the
removal and replacement costs as well
Thank you
for your consideration
*** ***Regards,
*** ***

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:
The distributor/dealer and contractor are doing what they can to assist me, but the price and amount of the difference between the deceptive samples and replacement material needs to be refunded by TrexThe Trex local representative also promised thatThey would!Trex only suggests grounding and for an arid environment, the City does not suggest it or require it, and I live near the ocean so there is not a dry environment situationPlus the deck is built on the Trex metal support which consists of metal posted sunk into the ground, so the deck is essentially grounded.At this point I will arrange an electrician but I do insist that Trex refunded the $plus tax that I was promised
Regards,
*** ***

We are bit confused by *** ***'s claim. *** *** made a warranty claim in September regarding a light spot on his deck (that was installed that month) that occurred as a result of the use of a certain cleaner on the deck used to remove crayon stains. At that time, we advised ***
*** that the faded areas should become less noticeable as the deck weathers
*** *** now says that he installed a deck in June 2011, and that the deck has faded in color unevenly. (I can only assume that *** *** replaced the deck that he installed in 2010.)
Please note that with respect to color fading and color variation on Trex decking products, Trex settled a nationwide class action in 2014. Copies of the relevant documents describing the settlement can be found at ***. Since *** *** had previously submitted a warranty claim with Trex, we had his address, and an actual copy of the Settlement Notice was mailed to *** ***
With respect to any claims for color fading or color variation, such claims are governed exclusively by the terms of the settlement. Under the terms of the settlement, the time period to have submitted a claim has passed, so we regret that *** *** would not be able to file a claim.
Trex Company

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed Administratively Resolved]
Complaint: ***
I am rejecting this response because:First - the issue of Breach of Warranty - Trex already undergone a Class Action lawsuit regarding flaking - and in that class action lawsuit - it specifically covered the reasons for why they were in Breach of WarrantyBut when a warranty states that something will "not split, splinter, rot or suffer structural damage" - the fact that my deck HAS flaked and has surface rotting/flaking - shows that the warranty didn't last and by that alone, is in breach of their warrantyYou may find the specifics here:***Second: They claim that the warranty states they would refund the "purchase price" according to their response belowPlease see the attached invoice from my Deck Contractor that installed my deck and you will see that I was charged $7,combined between deck boards and stairs aloneTheir offer was for $which is nowhere near my "purchase price" if they were to come up in their offer to at least compensate me for the ACTUAL purchase price of what I paid my contractor then, I might be content, at least with that offer I could find a decent decking company to do the workTrex's own information online states their product is "better" and therefore more expensiveMatter of fact - I would probably be happy with the material price I paid from my contractor, because right now, I'm taking a loss, no matter what way you look at itNow I have to pay more money to build my deck again - because Trex's product didn't live up to its own warrantyAt least if I am reimbursed for the material costs of the Trex decking, I'm not taking a loss per se. Third: I take offense to Trex implying that I am the one that caused this damageTrex knows that they have faulty material in the past - even if it was in another plantBut I'd like to know why they think I would maliciously damage my deck just to get another one? Whether or not material is shipped from one plant to another, doesn't mean that their still can't be defective merchandise in another plant. Fourth: I was told my the customer service agent that I could contact some decking agencies to get some "quotes" and send those to Trex for pricing/numbers, what I'd like to know, is why isn't this part of the whole claims process? if I had been told to do this at the start, I would have done soI was also told to go to a lumber yard and get a quote from there - but again, that isn't in the claims paperwork either.
Regards,
*** ***

*** *** has two issues:
1. Refund of the difference between product he originally purchased and replacement product. As we understand it, the dealer and the contractor have worked out a resolution where *** *** will be provided a refund
2. Static electricity.
Attached is a page from our Installation Guide. We do advise consumers that in rare cases, static electricity may occur. We also advise that the deck can be grounded by an electrician to resolve the issue. This is not due to any defect in the product. *** *** will need to hire his own electrician to resolve this.
Trex Company

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the responseIf no reason is received your complaint will be closed as Answered]
Complaint: ***
I am rejecting this response because:The surface of Trex is recycled plastic therefore is not a natural product. It appears that the wood filler is bleeding through the plasticThe white specks give the appearance of paint splatter and not a wood like lookI do not see photos of white speck in brochures, ads nor in the displays that I'd visited while researching the productI cannot imagine that the white speck look is what Trex desired therefore the response is unacceptable
Regards,
*** ***

The claimant makes some serious misrepresentations about Trex and its products.  She claims that when our CEO joined Trex, "he chose to use cheaper products in hopes of saving Trex money and in the long run this cost them money because it made their products worse."  This is a blatently...

false statement.
She also claims that Trex is in breach of its own warranty.  The Trex Limited Warranty that was in effect in 2006 when she purchased her product (and which is the same warranty in effect for products sold today) provides that Trex will replace any product that has a material defect in materials or workmanship or refund the original purchase price.  However, it clearly provides as follows:
"This warranty shall not cover and Trex shall not be responsible for costs and expenses incurred with respect to the removal of defective Trex products or the installation of replacement materials, including but not limited to labor and freight."
I have attached a copy of the 2006 Trex Limited Warranty.
The claimant's deck has signs of surface damage.  We do not know how this was caused.  It could be a manufacturing defect or it could be due to something the claimant did, such as a spill of chemicals or other foreign substances.  In any event, we agreed to cover it under our Limited Warranty.  Since we no longer manufacture this particular product, we agreed to pay her the current retail price (which is more than the original purchase price) of our current product.  The claimant is demanding reimbursement for labor as well.  As clearly stated in our warranty, we do not include labor to replace the deck.  Contrary to the claimant's statement, this is not a "breach" of our warranty.  We are simply applying the warranty as written.
Trex Company

I have carefully reviewed the homeowner's complaint, including the photographs. The warping, splintering and cracking which the homeowner complains about is due to improper installation. The deck is also 10 years old, and it is possible that the joist system settled, which could cause these...

conditions.The homeowner also refers to mildew growth on the deck.  Mold and mildew growth on a Trex deck is not due to any defect in the product, but rather environmental conditions, and it can be cleaned.  Trex fully disclose that Trex boards, like any exterior surface, require periodic cleaning, and mold and mildew growth may occur if the necessary environmental conditions are present.  We also include instructions on how to clean mold on our website.In any event, with respect to the homeowner's claim for mold growth, her rights are governed exclusively by the terms of a 2013 national class action settlement.  Under the terms of the settlement, the time period to have submitted a claim has passed, so the homeowner would not be able to submit a claim.In 2010, Trex introduced capped product, which has a protective shell on the surface to resist staining, including from mold, and color fading.  This capped product is the only decking product we sell at this time. The homeowner can go to www.trex.com to see these newer generation products.William G[redacted]Senior Vice President, General Counsel and Secretary

Mr. [redacted] would like Trex to provide him the name, address and phone number of the subcontractor who built his deck.  Normally, we would not have this information.  However, Mr. [redacted] submitted with his claim packet an invoice from [redacted] Home Improvements, which I assume was for the original deck construction..  I found their website, which is [redacted].  He can get their address and phone number from this website.

The homeowner's claim relates to mold growth on his Trex deck.  Mold growth on a Trex deck is not due to any defect in the product, but rather environmental conditions, and it can be cleaned.  Trex fully disclosed that Trex boards, like any exterior surface, require periodic cleaning, and...

mold growth may occur if the necessary environmental conditions are present.  We also include instructions on how to clean mold on our website.  In any event, with respect to the homeowner's claim for mold growth, his rights are governed exclusively by the terms of a 2013 national class action settlement.  Under the terms of the settlement, the time period to have submitted a claim has passed, so the homeowner would not be able to submit a claim.We would also note that at the time the homeowner purchased the Trex product in 2013, we did have available our second generation "capped" product which has a proprietary shell on the surface that is mold resistant, and comes with a 25 year fade and stain warranty that includes a warranty against mold staining. We regret that the homeowner is not satisfied with his Trex deck, but we cannot offer him any remedy.

Mr. [redacted] is incorrect in his assertion that there has been a recall of 1st generation Trex product manufactured prior to 2009.  There has been no such recall.The fascia on Mr. [redacted]'s deck is pulling away from the deck.  This is caused by the fact that the installer used pin nails to secure...

the fascia to the deck. Pin nails are not a recommended fastener for Trex products.  In Trex's Installation Guidelines, we list recommended fasteners, which are screws.  If screws had been used, instead of pin nails, the fascia would not be pulling away from the deck.  We denied Mr. [redacted]'s claim due to the improper installation.Mr. [redacted] can reattach the fasica to his deck by the use of screws.

The homeowner is complaining about white specks on her deck.  The white specks are a naturally occurring organic filler that gives the boards a wood-like look.  They will not impact the structural integrity of the product and are therefore not covered under our Warranties, copies of which...

are attached.Even if the white specks were covered under either or both of our Warranties, it is Trex's option under the Warranties to either replace the affected materials or refund the purchase price.  We have offered the homeowner a full replacement of the materials, which completes our obligation under our Warranties.  In addition, we have offered an option of a refund of 25% of the purchase price.The homeowner is requesting that Trex pay the labor to replace the materials.  Each of our Warranties states as follows:TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, THIS WARRANTY SHALL NOT COVER AND TREX SHALL NOT BE RESPONSIBLE FOR COSTS AND EXPENSES INCURRED WITH RESPECT TO THE REMOVAL OF DEFECTIVE TREX PRODUCTS OR THE INSTALLATION OF REPLACEMENT MATERIALS, INCLUDING BUT NOT LIMITED TO LABOR AND FREIGHT.Notwithstanding that Trex is not responsible for labor and has the option of providing replacement materials, which we have offered, we are willing to increase the refund from 25% to 50% of the purchase price.

[To assist us in bringing this matter to a close, you must give us a reason why you are rejecting the response. If no reason is received your complaint will be closed as Answered]
 Complaint: [redacted]
I am rejecting this response because:the company should not selling deffective product during the lawsuit  and I should be reimburse for the product and labor
Regards,
[redacted]

We regret that this homeowner is not fully satisfied by our product, but our last offer is our full and final offer.