Common use of Excluded Conditions Clause in Contracts

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials used in fabrication of the tested product, and the product will continue to benefit from the material and workmanship that supported certification at the time of manufacture. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, Milgard does not warrant its test results. The thermal performance of some window products is enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, Milgard does not warrant specific gas retention or fill levels and performance variation may occur. W arranty Claim Process. Milgard shall have no obligation under this Warranty without prior notice as provided herein. Submit claims to: xxx.xxxxxxx.xxx/xxxx/xxxxxxx-xxxxxxx or 1-800-MILGARD (0-000-000-0000). Owner must submit a Claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. Xxxxxxx shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Parts may not be an aesthetic match to the original. Milgard reserves the right to discontinue or modify its products. When that occurs, Milgard shall substitute parts or product of equal value or quality. If unable to provide a replacement Product and repair is not commercially practicable or cannot be timely made, Milgard may elect to refund the purchase price of the affected Product in full satisfaction of its obligations.

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials used in fabrication of the tested product, and the product will continue to benefit from the material and workmanship that supported certification at the time of manufacture. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, Milgard does not warrant its test results. The thermal performance of some window products is enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, Milgard does not warrant specific gas retention or fill levels and performance variation may occur. W arranty Claim Process. Milgard shall have no obligation under this Warranty without prior notice as provided herein. Submit claims to: xxx.xxxxxxx.xxx/xxxx/xxxxxxx-xxxxxxx or 1-800-MILGARD (0-000-000-0000). Owner must submit a Claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. Xxxxxxx shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Parts may not be an aesthetic match to the original. Milgard reserves the right to discontinue or modify its products. When that occurs, Milgard shall substitute parts or product of equal value or quality. If unable to provide a replacement Product and repair is not commercially practicable or cannot be timely made, Milgard may elect to refund the purchase price of the affected Product in full satisfaction of its obligations.

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials used in fabrication of the tested product, and the product will continue to benefit from the material and workmanship that supported certification at the time of manufacture. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, Milgard does not warrant its test results. The thermal performance of some window products is enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, Milgard does not warrant specific gas retention or fill levels and performance variation may occur. W arranty Claim Process. Milgard shall have no obligation under this Warranty without prior notice as provided herein. Submit claims to: xxx.xxxxxxx.xxx/xxxx/xxxxxxx-xxxxxxx or 1-800-MILGARD (0-000-000-0000). Owner must submit a Claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. Xxxxxxx shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Owner must provide reasonable access to the interior and exterior of the Product at his/her own expense, including removal of window décor and security alarms, moving furniture, and providing any scaffolding or lift equipment necessary to reach Product not accessible with a 15’ extension ladder. Where safe and practical access is not available, Milgard shall be required to provide only the Parts, and not labor. Parts may not be an aesthetic match to the original. Milgard reserves the right to discontinue or modify its products. When that occurs, Milgard shall substitute parts or product of equal value or quality. If unable to provide a replacement Product and repair is not commercially practicable or cannot be timely made, Milgard may elect to refund the purchase price of the affected Product in full satisfaction of its obligations.

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials used in fabrication of the tested product, and the product will continue to benefit from the material and workmanship that supported certification at the time of manufacture. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, Milgard does not warrant its test results. The thermal performance of some window products is enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, Milgard does not warrant specific gas retention or fill levels and performance variation may occur. W arranty Claim Process. Milgard shall have no obligation under this Warranty without prior notice as provided herein. Submit claims to: xxx.xxxxxxx.xxx/xxxx/xxxxxxx-xxxxxxx or 1-800-MILGARD (0-000-000-0000). Owner must submit a Claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. Xxxxxxx shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Parts may not be an aesthetic match to the original. Milgard reserves the right to discontinue or modify its products. When that occurs, Milgard shall substitute parts or product of equal value or quality. If unable to provide a replacement Product and repair is not commercially practicable or cannot be timely made, Milgard may elect to refund the purchase price of the affected Product in full satisfaction of its obligations.

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Temporary thermal expansion or bowing of Product due to direct sunlight or a significant differential between indoor and outdoor temperatures. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash door panels should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided)breakage; glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window door coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials used in fabrication of the tested product, and the product will continue to benefit from the material and workmanship that supported certification at the time of manufacture. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, Milgard does not warrant its test results. The thermal performance of some window door products is enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, Milgard does not warrant specific gas retention or fill levels and performance variation may occur. W arranty Claim Process. Milgard shall have no obligation under this Warranty without prior notice as provided herein. Submit claims to: xxx.xxxxxxx.xxx/xxxx/xxxxxxx-xxxxxxx or 1-800-MILGARD (0-000-000-0000). Owner must submit a Claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. Xxxxxxx shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Parts may not be an aesthetic match to the original. Milgard reserves the right to discontinue or modify its products. When that occurs, Milgard shall substitute parts or product of equal value or quality. If unable to provide a replacement Product and repair is not commercially practicable or cannot be timely made, Milgard may elect to refund the purchase price of the affected Product in full satisfaction of its obligations.

Excluded Conditions. This Warranty does not cover, and Xxxxxxx has no obligation to respond to, damage, conditions, or a Nonconformity caused in whole or part by: • Installation; an application or configuration exceeding the capacity of the Product design or in violation of applicable codes, plans, or specifications; mishandling or storage of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings; building settlement or failure of walls or foundations. • Normal wear and tear, aging, weathering, or corrosion (except as provided for stainless steel hardware); lack of product maintenance,* misuse, or abuse; lack of use of operable Product (vents/sash should be opened and closed monthly); interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. *Milgard’s maintenance instructions are available at xxxxx://xxx.xxxxxxx.xxx/learn/window-and-door-care/care-and-maintenance. • Glass breakage (except as provided); glass blemishes, scratches, or other imperfections allowable for Quality 3 glass per ASTM C 1036; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints, films, sealant, caulk, or paint finishes; installation of security systems or window coverings; environmental or applied elements that exceed the tolerances of the Product or its components’ performance ratings. • Any application of force or materials, such as power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; acts of nature, or any other condition or cause beyond Xxxxxxx’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where field testing occurs, Xxxxxxx must receive prior notice and opportunity to observe, and information on the anticipated test methods. Without its prior agreement, Milgard shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. Milgard is not responsible for determining the suitability of its products for surrounding building components or wall design. Milgard products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. Milgard manufactures its products using the methods and materials used in fabrication of the tested product, and the product will continue to benefit from the material and workmanship that supported certification at the time of manufacture. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, Milgard does not warrant its test results. The thermal performance of some window products is enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, Milgard does not warrant specific gas retention or fill levels and performance variation may occur. W arranty Claim Process. Milgard shall have no obligation under this Warranty without prior notice as provided herein. Submit claims to: xxx.xxxxxxx.xxx/xxxx/xxxxxxx-xxxxxxx or 1-800-MILGARD (0-000-000-0000). Owner must submit a Claim during the coverage period and within 30 days of discovering the perceived Nonconformity. Notice must include contact information, order number, and description of the issue. Photographs are required unless unobtainable. Xxxxxxx shall investigate and respond in a timely manner per the terms of this Warranty, including inspecting the Product at its option. Owner must provide reasonable access to the interior and exterior of the Product at his/her own expense, including removal of window décor and security alarms, moving furniture, and providing any scaffolding or lift equipment necessary to reach Product not accessible with a 15’ extension ladder. Where safe and practical access is not available, Milgard shall be required to provide only the Parts, and not labor. Parts may not be an aesthetic match to the original. Milgard reserves the right to discontinue or modify its products. When that occurs, Milgard shall substitute parts or product of equal value or quality. If unable to provide a replacement Product and repair is not commercially practicable or cannot be timely made, Milgard may elect to refund the purchase price of the affected Product in full satisfaction of its obligations.