Kitec Plumbing System Settlement
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ALL PERSONS THAT OWN, HAVE OWNED, LEASE, OR HAVE LEASED, AND ALL THOSE WHO HAVE OR MAY PURSUE CLAIMS THROUGH OR IN THE NAME OR RIGHT OF THEM, BUILDINGS, HOMES, RESIDENCES, OR ANY OTHER STRUCTURES IN THE UNITED STATES AND CANADA THAT CONTAIN, OR AT ANY TIME CONTAINED, KITEC PLUMBING SYSTEMS AND/OR COMPONENTS. YOUR LEGAL RIGHTS ARE AFFECTED WHETHER YOU ACT OR CHOOSE NOT TO ACT. PLEASE READ THIS WEBSITE CAREFULLY.

The purpose of this website is to supply useful information, summaries of the Settlement Agreement, and links to relevant documents for Settlement Class Members, and others interested in the Settlement. This website is not intended to describe or summarize all of the terms and conditions of the Settlement. The Settlement Agreement and any court Orders define all of those details and govern the rights and liabilities of Settlement Class Members. If there is any conflict between the provisions of this website, or the provisions of any forms contained on this website, and the terms of the Settlement Agreement, then the terms of the Settlement Agreement shall govern. Legal developments and amendments to the Settlement Agreement may cause information on this website to become outdated.

If you are a member of the class, the Settlement affects your rights.

THE CLASSES:

For settlement purposes only, the Settling Parties have agreed to the Courts' certification of the following classes of Persons in regard to claims regarding the Kitec System (which may consist of components, individual parts, or as a system, PEX-AL-PEX, PE-AL-PE, PERT-AL-PERT, PEX pipe, valves, fittings, and/or components, manufactured by or on behalf of IPEX whether sold under the names Kitec, PlumbBetter, IPEX AQUA, WarmRite, Kitec XPA, AmbioComfort, XPA, KERR Controls, Plomberie Améliorée or otherwise).

  1. In the United States:

    The United States District Court for the Northern District of Texas, acting under authority from the Judicial Panel for Multi-District Litigation, certified a United States Class for settlement purposes only as follows:
    All Persons that own, have owned, lease, or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned, lease or have leased, buildings, homes, residences, or any other structures located in the United States that contain or have ever contained Kitec Systems manufactured and/or sold by the IPEX Defendants, excluding only the Clark County Class. For purposes of this definition, individuals and entities shall include any and all of the individuals’ or entities’ spouses, joint owners, heirs, executors, administrators, insurers, mortgagees, tenants, creditors, lenders, predecessors, successors, subrogees, assignees, subsequent owners or occupants, trusts and trustees, attorneys, agents, and assigns and all persons who are entitled to assert a claim on behalf thereof.
  2. In all of the provinces and territories of Canada:

    The Ontario Superior Court of Justice has certified a Canadian National Class for settlement purposes only as follows:
    All Persons that own, have owned, lease, or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned or lease or have leased, buildings, homes, residences, or any other structures located in Canada, excluding only the members of the Quebec Class, that contain or have ever contained Kitec Systems manufactured and/or sold by the IPEX Defendants. For purposes of this definition, individuals and entities shall include any and all of the individuals’ or entities’ spouses, joint owners, heirs, executors, administrators, insurers, mortgagees, tenants, creditors, lenders, predecessors, successors, subrogees, assignees, subsequent owners or occupants, trusts and trustees, attorneys, agents, and assigns and all persons who are entitled to assert a claim on behalf thereof.
  3. For certain owners and lessees in the Province of Quebec, Canada:

    The Superior Court of Quebéc has authorized a Quebéc Class for settlement purposes only as follows:
    All natural persons, as well as all legal persons established for a private interest, partnerships and associations having no more than 50 persons bound to it by contract of employment under its direction or control during the 12-month period preceding the motion for authorization (November 27, 2009), that own, have owned, lease or have leased, and all those who have or may pursue claims through or in the name or right of those who own or have owned, lease or have leased, buildings, homes, residences, or any other structures located in Quebec that contain or have ever contained Kitec Systems* manufactured and/or sold by the IPEX Defendants. For purposes of this definition, “persons” shall include all such individuals and entities and any and all of the individuals’ or entities’ spouses, joint owners, heirs, executors, administrators, insurers, mortgagees, tenants, creditors, lenders, predecessors, successors, subrogees, assignees, subsequent owners or occupants, trusts and trustees, attorneys, agents, and assigns and all persons who are entitled to assert a claim on behalf thereof.

    *Kitec Systems are defined to mean all of, whether as components, individual parts, or as a system, PEX-AL-PEX, PE-AL-PE, PERT-AL-PERT, PEX pipe, valves, fittings, and/or components, manufactured by or on behalf of the IPEX Defendants whether sold under the names Kitec, PlumbBetter, IPEX AQUA, WarmRite, Kitec XPA, AmbioComfort, XPA, KERR Controls, Plomberie Améliorée, or otherwise.

    Note: If you own, have owned, lease, or have leased buildings, homes, residences, or structures in the Province of Quebec and you have more than 50 employees or are a government entity or legal person established in the public interest, you cannot be part of the Quebec Class, but you are part of the Canadian National Class.

For purposes of this website, the United States Class, the Canadian National Class, and the Quebec Class are referred to as the Class.

  • A Settlement Agreement ("Settlement") resolving Class claims in the cases has been negotiated on behalf of the Class by Class Counsel and with Defendants IPEX Inc. and IPEX USA LLC and its predecessor IPEX USA Inc. and IPEX Distribution Inc. (collectively, "IPEX Defendants") and related entities.


  • The Settlement involves a one hundred and twenty five million U.S. dollar (US$125,000,000) Settlement Fund (including attorneys' fees and costs) to be used for the benefit of Class Members to pay for the repair of buildings, homes, residences, or any other structures with a Kitec System.


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    If you have not received a Notice or Claim Form, and feel you should have, please register below and a notice package will be mailed to you: