DuPont has reached a proposed settlement with the representative plaintiffs in a class action lawsuit in federal court in Pennsylvania. The settlement has been approved by the Court. The settlement will not be considered final until the Court of Appeals hears and resolves any legal challenges. If and when the settlement becomes final, class members will receive notice.
For information about the proposed settlement, please visit www.treedamagesettlement.com.
DuPont Imprelis® Limited Warranty
How to File a Warranty Claim:
If you have already returned a properly signed Claim Resolution Agreement (“CRA”), you may submit a warranty claim for trees you believe are experiencing new or additional damage caused by Imprelis®.
To submit a warranty claim, please send a letter detailing the tree damage and the reason you believe it is caused by Imprelis®. Please include your original claim number (from your CRA), the complete property address, and your contact information, including phone number, and send to:
DuPont Imprelis® Claims Resolution Process
c/o Epiq Systems
Attention: Warranty Notifications
FDR Station, P.O. Box 5013
New York, NY 10150-5013
You will be contacted by phone after receipt of your letter to discuss next steps in the warranty process. Also, please be aware of the following with respect to warranty:
- The compensation provided for a warranty claim will not include the additional compensation included in the CRA.
- If you are submitting a warranty claim for previously identified trees whose condition you believe has worsened, you will need to identify what, if any, tree care was provided during the warranty site visit.
- DuPont may deny warranty claims for trees for which tree care payment was received but no tree care was provided.
- If you are filing a warranty claim for a replacement tree installed by a member of the Qualified Tree Professional (QTP) program and you do not believe the symptoms are Imprelis-related, please contact the QTP who planted your replacement tree to inquire about coverage under their QTP warranty.
For more information about this warranty, please contact DuPont directly by calling 1-866-796-4783.
What is Covered and What is Not Covered:
DuPont warrants against any damage caused by Imprelis® to any tree (including replacement trees) located on the property of any property owner who has executed a CRA for that property, any subsequent purchasers of the property within the warranty period, and any co-owners of the property at the time the warranty claim is made.
This warranty DOES NOT COVER damage that is not caused by Imprelis®, including but not limited to planting or care of replacement trees in a manner that is contrary to or inconsistent with the Guidelines for Planting Trees on Properties That have been Treated with Imprelis® Herbicide (available at www.imprelis-facts.com). This warranty also does not apply to any tree recommended to receive tree care for which appropriate care has not been provided, or any tree recommended for removal where a cash payment was taken in lieu of removal services and the tree has not been removed.
How Long Warranty Coverage Lasts:
This warranty runs until December 31, 2013, for non-replacement trees. For replacement trees, this warranty runs until two years from the date the replacement tree was planted.
What the Warranty Process Involves:
DuPont may evaluate those trees located on Owner’s property alleged to be experiencing new or additional damage caused by Imprelis®. This evaluation may include taking tissue and/or soil samples to determine if Imprelis® is present in the tree and/or the soil. If DuPont determines that damage claimed is covered under this warranty, it will (1) pay Owner a sum that will enable Owner to provide tree care to the tree, or (2) in the case of any tree that DuPont determines is dead or not likely to recover, arrange for removal of the tree and pay Owner a sum of money as compensation for the tree.
Owner must reasonably cooperate with DuPont or its representatives in their efforts to perform their obligations under this warranty, including allowing DuPont to evaluate tree(s) and/or take soil and/or tissue samples. Owner is responsible for arranging for tree care with any funds DuPont provides. In the case of removed trees, Owner may, but is not required to, purchase a replacement tree with the funds provided.