The Settlement creates a one hundred and twenty five million U.S. dollar (US$125,000,000) Settlement Fund (less attorneys’ fees and costs set forth below) to be used for the benefit of the Class to pay for the repair of buildings, residences, homes or other structures plumbed with the Kitec System. Any money paid from the Settlement Fund to members of the Settlement Classes will be paid in the class member’s local currency. The Plan Of Allocation describes the amounts and conditions of the benefits to the Class. NOTE: To be eligible to receive any money from the Settlement Fund, you must complete and submit the Claim Form accompanying the Notice available on the Case Documents page. The claim filing deadline is January 9, 2020. After the Claims Deadline, any funds remaining in the Settlement Fund after all payments to those Class Members filing proper Claim Forms, will be returned to the IPEX Funding Entities. Claims made after the Claims Deadline will be rejected.

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.

To apply for payment under the settlement, you must submit a properly completed and timely Claim Form. Claim Forms are available at the following links:
Property Owner Claim Form
Insurer Claim Form

Or you can fill out the “Request Notice Packet” section on the top right of any page.

Please navigate to “Completing the Claim Form” at the top of the page for more information.

Claims may only be filed by eligible persons defined as: 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 (excluding the Clark County, NV class) and Canada that contain, or at any time contained, the Kitec System.

Excluded from the Settlement are all Persons who properly executed and timely submitted an Opt Out Form.

Clark County, NV properties are excluded because they are included in a separate class action suit. To find out more information regarding the Clark County settlement, please visit www.plumbingdefect.com.

At this stage, only people who have experienced a failure in a Kitec plumbing system are eligible to receive settlement payments. If you have not experienced a leak, you should still file a Claim Form. If there are sufficient funds remaining at the end of the claims filing period, you might be eligible for some compensation. How the funds are distributed at the end of the claims filing period depends on the sufficiency of the funds but will most likely be on a pro rata basis to all those who filed a valid claim.

The Kitec pipe is typically blue in color for cold water applications and orange in color for hot water applications. The pipe is usually marked with one of the following brand names; Kitec, PlumbBetter, IPEX AQUA, WarmRite, Kitec XPA, AmbioComfort, XPA, KERR Controls or Plomberie Améliorée. Where the fittings are visible look for the words Kitec or KTC on them. The terms CSA B137.9/10 or ATSM F1974 could also indicate that you have a Kitec system. Often, the best places to look for the Kitec system is near the hot water tank or in the mechanical room where the pipe is connected to or exits the walls. Also look under kitchen sinks or bathroom vanities, where the pipe and/or fitting exits the wall.

Samples of the Kitec pipe and fittings can be viewed here.

The claims filing deadline is January 9th, 2020 which is 8 years from the effective date of the settlement.

If you are unable to provide a sample, you can still send in a claim form but you should state the reason for why you cannot do so on your claim form and that will be considered with your claim. You should also send documentation showing proof of installation, repairs, or replacement of your Kitec pipe or fittings.

Yes. If you have not experienced a leak, you should still file a Claim Form. If there are sufficient funds remaining at the end of the claims filing period, you might be eligible for some compensation. How the funds are distributed at the end of the claims filing period depends on the sufficiency of the funds but will most likely be on a pro rata basis to all those who filed a valid claim.

If after you have filed a Claim Form, you experience a leak, you should file a second Claim Form with information regarding the leak and any related repair or replacement expenses.

Yes. Even if you completed the repairs and/or replacement of the system yourself, you can claim under the settlement. Documentation still needs to be provided for the repair/replacement, as well as proof that you had KITEC pipes or fittings before installation of a new system.

Yes, cities can file claim with respect to municipal buildings that are not privately owned.

Yes, insurers or other persons with subrogated claims can file a claim under the settlement. The insurer or other persons with subrogated claims must specify the property with respect to which the claim applies and provide documentation establishing that it can file a claim in respect of that property. Insurers must use the Insurer Claim Form available here.

You should file another Claim Form and indicate on page 3 of the Claim Form that you have previously filed a claim. You should attach the relevant documentation in respect of the new leak only.

No, you should file a claim with respect to any leaks experienced with respect to your Kitec pipe or fittings.

If the condominium association is the entity that would be responsible for the plumbing of the condominium project then they would be able to register with the claims administrator. However, if the residents would be responsible for the plumbing, then the individual should file a claim. In both cases, the Condominium Agreement should be submitted with the claim form.

Per the plan of allocation, a payment will occur per each qualified leak experienced. The payment is approximately one half of the estimated costs to repair or replace the affected fitting or pipe. Payment amounts will be based on how the KITEC pipes/fittings were installed. On your Claim Form you will need to specify whether the pipes are:

1. Open and accessible
2. Located behind drywall
3. Installed in concrete

For additional information please visit navigate to “Case Documents” at the top of the page and read the "Plan Of Allocation".

Depending on the volume of claims and fund sufficiency the amount of the initial payment might be increased before the end of the claims period. If this happens and you have already filed a claim, you will receive a supplemental payment.

At the end of the claims period, assuming there are funds remaining, you will receive a supplemental payment. Depending on fund sufficiency the supplemental payment might include your full costs of repairing or replacing the affected fittings or pipe and the costs of a complete replumb. It is therefore important that you provide complete information with your Claim Form.

At a later date, Class Counsel will be bringing motions before the Courts to amend the plan of allocation to provide for a final distribution of settlement funds. Please review this website periodically for important updates.

You should file a Claim Form and include documentation showing that you were required to replace your Kitec System and the costs of the replumb.

Depending on fund sufficiency you might be eligible for compensation at the end of the claims period or possibly earlier.

Filing a claim in this settlement does not compromise your rights to pursue legal action against a third party for certain forms of improper installation (such as a nail in the pipe, etc).

Claims in the Kitec litigation did not include any allegations or evidence of health issues or impact and we know of none. Health issues are not covered by the settlement.

Inspectors should inform clients of the settlement and advise them to file a Claim Form even if they have not yet experienced a leak.

The laws regarding the disclosure of information to potential buyers and/or subsequent owners vary depending on the state or province. If you are planning on selling your home and have a Kitec System, you should consult with a real estate lawyer in this regard.

If you have filed a Claim Form, you must advise potential buyers and/or subsequent owners that you have filed a claim and the terms of the release (as disclosed in the Agreement).

Yes. If the problem is with KITEC pipes or fittings you should have a licensed plumber look at your pipes and replace the defective pipes or fittings. You should also file a Claim Form in order to be eligible to receive payment under the settlement. Please navigate to “Completing the Claim Form” at the top of the page for more information.

If you suspect a problem with your Kitec pipes or think they might be defective, you should have a licensed plumber inspect them. Even if you have not had any repairs or damage, you should register yourself in the settlement by filling out and submitting a claim form. Please navigate to “Completing the Claim Form” at the top of the page for more information.

You should continue to monitor your Kitec System. The first sign of failure for the fittings is a buildup of white residue on the outside of the fitting. The first sign of failure for the pipe is a blackening of the pipe and/or a bulging of the pipe. Typically problems occur first near the hot water tank.

You may obtain specific details about the Settlement itself by contacting the Settlement Administrator via telephone (1-877-337-1293) or at the address below. Additionally please visit the Case Documents page for relevant case information.

Kitec Claims Administrator PO Box 404000 Louisville, KY 40233-4000

OR

Canadian Kitec Claims Administrator PO Box 3355 London ON N6A 4K3