Common use of Warranty Conditions Clause in Contracts

Warranty Conditions. No warranty herein covers damages resulting from improper installation, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting from fire or lightning, windstorms, earthquakes, wind-borne objects, strain applied to the unit by movement of the building, inadequate provision for expansion or contraction of framing members, installation in ships or vehicles, installation outside the Continental United States, seal failure (if the seal has been subject to immersion in water), acts of God, or other causes beyond the control of ProVia. Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This warranty does not cover condensation, nor frost or freezing from condensation on the unit. On some installations, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window or door, and therefore, is not covered under this Warranty. Caulking is normally considered a maintenance responsibility of the purchaser. The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit to be defective, contact the contractor for inspection. If the contractor determines the unit or parts thereof to be defective, the manufacturer at its exclusive option will repair, provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence. For the first three (3) years after the date of installation, ProVia will offer to the original purchaser a credit toward installation of twenty-five dollars ($25) for any aluminum storm door unit which ProVia determines to be defective in materials or workmanship pursuant to the terms and conditions of this warranty. It will be the responsibility of the original owner to make arrangements for installation with the dealer. The warranty on the replacement finish, components, or parts, will be limited to the balance of the time remaining on the warranty of the original finish, components, or parts as the case may be. Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract evidencing purchase of the ProVia products. ProVia SHALL NOT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT. PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISH, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF ProVia WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY STORM DOOR, STORM WINDOW, REPLACEMENT WINDOW, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE STORM DOOR, STORM WINDOW, REPLACEMENT WINDOW, PART OR COMPONENT ON WHICH SUCH LIABILITY IS BASED. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to purchaser. THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN ProVia AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF ProVia PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON ProVia’S BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF. Some states do not allow limitations on how long an implied warranty lasts; so the above limitations may not apply to purchaser. This Lifetime Limited Transferable Warranty extends only to the original ProVia storm doors, storm windows and/or replacement windows which were originally installed in your Home or other structure as recorded on the warranty registration and shall not be valid or enforceable if you cannot prove that the storm doors, storm windows and/or replacement windows were so installed. To establish a record of your purchase please register your warranty online at xxx.xxxxxx.xxx/xxxxxxxx.

Appears in 1 contract

Samples: www.homestarwindowsutah.com

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Warranty Conditions. No warranty herein covers damages resulting from improper installation, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting from fire or lightning, windstorms, earthquakes, wind-borne objects, strain applied to the unit by movement of the building, inadequate provision for expansion or contraction of framing members, installation in ships or vehicles, installation outside the Continental United States, seal failure (if the seal has been subject to immersion in water), acts of God, or other causes beyond the control of ProVia. Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This lifetime limited warranty does not cover condensationapply with respect to (1) condensation damage due to high humidity in the house; (2) breakage of glass (other than glass that is glazed with ComforTech™ Warm Edge Super Spacer® Glazing); (3) damages resulting from after sale modifications (paint or stain finishes, nor frost or freezing from condensation on the unit. On some installationspet doors, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window or doormail slots, and thereforesecurity systems, is not covered under this Warranty. Caulking is normally considered a maintenance responsibility of the purchaseretc.). The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit entry door to be defective, contact the contractor for inspection. If the contractor determines the unit door or parts thereof to be defective, the manufacturer at its exclusive option will repair, ; provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence. For the first three (3) years after the date of installation, ProVia will offer to the original purchaser a credit toward installation of twenty-five dollars ($25) for any aluminum storm door unit which ProVia determines to be defective in materials or workmanship pursuant to the terms and conditions of this warranty. It will be the responsibility of the original owner to make arrangements for installation with the dealer. The warranty on the replacement finish, components, or parts, will be limited to the balance of the time remaining on the warranty of the original finish, components, or parts as the case may be. Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract evidencing purchase of the ProVia products. ProVia PROVIA SHALL NOT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT. PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISH, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF ProVia PROVIA WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY STORM DOOR, STORM WINDOW, REPLACEMENT WINDOW, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE STORM DOOR, STORM WINDOW, REPLACEMENT WINDOW, PART OR COMPONENT ON WHICH SUCH LIABILITY IS BASED. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to purchaser. THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN ProVia PROVIA AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF ProVia PROVIA PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON ProViaPROVIA’S BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF. Some states do not allow limitations on how long an implied warranty lasts; so the above limitations may not apply to purchaser. This Lifetime Limited Transferable Warranty extends only to the original ProVia storm doors, storm windows and/or replacement windows door(s) which were originally installed in your Home or other structure as recorded on the warranty registration and shall not be valid or enforceable if you cannot prove that the storm doors, storm windows and/or replacement windows door(s) were so installed. To establish a record of your purchase please register your warranty online at xxx.xxxxxx.xxx/xxxxxxxx.

Appears in 1 contract

Samples: www.homestarwindowsutah.com

Warranty Conditions. No warranty herein covers damages resulting from improper installation, improper care or use, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting in whole or in part from fire or lightning, windstorms, earthquakes, wind-borne objects, falling objects, projectiles, floods, , hail, tornadoes, hurricanes, other abnormal weather conditions, pests, chemical fumes, foreign substances in the air, misuse, vandalism, civil disobedience, war, damage caused by remodeling or renovation, strain applied to the unit by movement of the buildingadjacent buildings, inadequate provision for expansion or contraction of framing membersfoundation, installation in ships or vehicles, installation outside the Continental United States, seal failure (if the seal has been subject to immersion in water), acts of God, or other causes beyond the control of ProVia. Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This warranty does not cover condensation, nor frost or freezing from condensation on the unit. On some installations, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window or door, and therefore, is not covered under this Warranty. Caulking is normally considered a maintenance responsibility of the purchaserRound Grove. The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit Round Grove product to be defective, contact the contractor for inspection. If the contractor determines the unit product or parts thereof to be defective, the manufacturer at its exclusive option will repair, ; provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence. For the first three (3) years after the date of installation, ProVia will offer to the original purchaser a credit toward installation of twenty-five dollars ($25) for any aluminum storm door unit which ProVia determines to be defective in materials or workmanship pursuant to the terms and conditions of this warranty. It will be the responsibility of the original owner to make arrangements for installation with the dealer. The warranty on the replacement finish, components, or parts, will be limited to the balance of the time remaining on the warranty of the original finish, components, or parts as the case may be. Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract or receipt evidencing purchase of the ProVia productsRound Grove product. ProVia ROUND GROVE PRODUCTS LLC SHALL NOT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, SUCH AS, INCLUDING BUT NOT LIMITED TOTO LOSS OF PROFITS OR ATTORNEYS’ FEES, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT. THIS WARRANTY DOES NOT COVER LABOR TO REMOVE OR REPLACE THE DEFECTIVE PRODUCT. This limited warranty is exclusive and is in lieu of all other warranties or remedies at law or in equity. All other warranties, representations, or remedies, whether oral, written, express, implied, or imposed by law are disclaimed by Round Grove and waived by the Purchaser and any subsequent owner. Round Grove expressly disclaims any warranty of merchantability or fitness for a particular purpose, or any warranties arising from a course of dealing, usage or trade practice, or any warranty against patent infringement or warranty for work performed in a workmanlike manner. Oral statements by Round Grove employees or agents do not constitute warranties, shall not be relied upon by the Purchaser or any third party, and are not part of the contract for sale or warranty stated herein. PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISHPRODUCT, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF ProVia ROUND GROVE PRODUCTS LLC WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY STORM DOOR, STORM WINDOW, REPLACEMENT WINDOWPRODUCT, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE STORM DOOR, STORM WINDOW, REPLACEMENT WINDOWPRODUCT, PART OR COMPONENT ON WHICH SUCH LIABILITY IS BASED. THIS LIMITED EXPRESS WARRANTY IS EXCLUSIVE, THE ONLY WARRANTY MADE BY ROUND GROVE, AND IS IN LIEU OF ALL OTHER WARRANTIES OR REMEDIES OF ANY NATURE WHATSOEVER TO THE ORIGINAL OR SUBSEQUENT PURCHASERS OR USERS UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, STATUTORY LAW OR OTHERWISE, EXCEPT FOR ACTUAL ECONOMIC DAMAGES FOR PERSONAL PHYSICAL BODILY INJURY. ALL OTHER WARRANTIES, REPRESENTATIONS OR REMEDIES, WHETHER ORAL, WRITTEN, EXPRESS OR IMPLIED OR IMPOSED BY LAW ARE DISCLAIMED BY ROUND GROVE AND ARE WAIVED BY THE PURCHASER, PARTICULARLY THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, OR ANY WARRANTY AGAINST PATENT INFRINGEMENT OR WARRANTY FOR WORK PERFORMED IN A WORKMANLIKE MANNER. ROUND GROVE PRODUCTS LLC SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR PUNITIVE DAMAGES TO ANY PARTY WHATSOEVER, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS, ATTORNEY’S FEES. THIS EXCLUSION OF DAMAGES INCLUDES, BUT IS NOT LIMITED TO PAYMENTS OF ANY NATURE MADE BECAUSE OF ACTUAL OR POTENTIAL LIABILITY TO OTHERS, DAMAGES TO ANY OTHER PART OF THE STRUCTURE TO WHICH THE WARRANTED PRODUCTS ARE INCORPORATED OR DAMAGE TO ANY OTHER PROPERTY. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitation or exclusion may not apply to purchaser. THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN ProVia ROUND GROVE PRODUCTS LLC AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF ProVia ROUND GROVE’S PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON ProViaROUND GROVE PRODUCT’S BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF. Some states do not allow limitations on how long an implied warranty lasts; so some of the above limitations may not apply to purchaser. This Lifetime Limited Transferable Warranty extends only to the original ProVia storm doors, storm windows and/or replacement windows product(s) which were originally installed in at your Home or other structure as recorded on the warranty registration certificate and shall not be valid or enforceable if you cannot prove that the storm doors, storm windows and/or replacement windows product(s) were so installed. To establish This Warranty shall be construed and interpreted under the laws of Ohio. Any provision of this warranty that is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction only, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof or affecting the validity of enforceability of such provision in any other jurisdiction. Any applicability of the Xxxxxxxxx-Xxxx Act is hereby disclaimed. Round Grove’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a record waiver of your purchase please register your such provisions. This warranty online at xxx.xxxxxx.xxx/xxxxxxxxgives purchaser specific legal rights and he or she may also have other rights which vary from state to state.

Appears in 1 contract

Samples: roundgroveproducts.com

Warranty Conditions. No warranty herein covers natural weathering or fading of surfaces, torn screening, non-factory applied finishes (e.g. customer applied tints, films or paint finishes), damages resulting from customer applied tints, films or paint finishes, damages resulting from improper installation, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting from fire or lightning, windstorms, earthquakes, wind-borne objects, strain applied to the unit by movement of the building, inadequate provision for expansion or contraction of framing members, installation in ships or vehicles, installation outside the Continental United States, seal failure (failure, if the seal has been subject to immersion in water), acts of God, or other causes beyond the control of ProViaProVia except as expressly warranted, whether similar or dissimilar to the foregoing. Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This warranty does not cover condensation, nor frost or freezing from condensation on the unit. On some installations, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window or door, and therefore, is not covered under this Warranty. Caulking is normally considered a maintenance responsibility of the purchaser. The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit to be defective, contact the contractor for inspection. If the contractor determines the unit or parts thereof to be defective, the manufacturer at its exclusive option will repair, provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence. For the first three (3) years after the date of installation, ProVia will offer to the original purchaser a credit toward installation of twenty-five dollars ($25) for any aluminum storm door unit which ProVia determines to be defective in materials or workmanship pursuant to the terms and conditions of this warranty. It will be the responsibility of the original owner to make arrangements for installation with the dealer. The warranty on the replacement finish, components, or parts, will be limited to the balance of the time remaining on the warranty of the original finish, components, or parts as the case may be. Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract evidencing purchase of the ProVia products. ProVia PROVIA SHALL NOT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT. PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISH, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF ProVia PROVIA WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY STORM DOOR, STORM WINDOW, REPLACEMENT WINDOWPATIO DOOR, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE STORM DOOR, STORM WINDOW, REPLACEMENT WINDOWPATIO DOOR, PART OR COMPONENT ON WHICH SUCH LIABILITY IS BASED. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to purchaser. THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN ProVia PROVIA AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF ProVia PROVIA PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON ProViaPROVIA’S BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF. Some states do not allow limitations on how long an implied warranty lasts; so the above limitations may not apply to purchaser. This Lifetime Limited Transferable Warranty extends only to the original ProVia storm doors, storm windows and/or replacement windows patio doors which were originally installed in your Home or other structure as recorded on the warranty registration and shall not be valid or enforceable if you cannot prove that the storm doors, storm windows and/or replacement windows patio doors were so installed. To establish a record of your purchase please register your warranty online at xxx.xxxxxx.xxx/xxxxxxxx.

Appears in 1 contract

Samples: www.homestarwindowsutah.com

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Warranty Conditions. No warranty herein covers damages resulting from improper installation, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting from fire or lightning, windstorms, earthquakes, wind-borne objects, strain applied to the unit by movement of the building, inadequate provision for expansion or contraction of framing members, installation in ships or vehicles, installation outside the Continental United States, seal failure (if the seal has been subject to immersion in water), acts of God, or other causes beyond the control of ProVia. Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This warranty does not cover condensation, nor frost or freezing from condensation on the unit. On some installations, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window or door, and therefore, is not covered under this Warranty. Caulking is normally considered a maintenance responsibility of the purchaser. The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit to be defective, contact the contractor for inspection. If the contractor determines the unit or parts thereof to be defective, the manufacturer at its exclusive option will repair, provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence. For the first three (3) years after the date of installation, ProVia will offer to the original purchaser a credit toward installation of twenty-five dollars ($25) for any aluminum storm door unit which ProVia determines to be defective in materials or workmanship pursuant to the terms and conditions of this warranty. It will be the responsibility of the original owner to make arrangements for installation with the dealer. The warranty on the replacement finish, components, or parts, will be limited to the balance of the time remaining on the warranty of the original finish, components, or parts as the case may be. Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract evidencing purchase of the ProVia products. ProVia SHALL NOT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT. PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISH, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF ProVia WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY STORM DOOR, STORM WINDOW, REPLACEMENT WINDOW, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER IN CONTRACT, IN TORTINTORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE EXCEEDTHE PRICE OF THE OFTHE STORM DOOR, STORM WINDOWSTORMWINDOW, REPLACEMENT WINDOWREPLACEMENTWINDOW, PART OR COMPONENT ON WHICH SUCH LIABILITY IS BASED. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to purchaser. THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN ProVia AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF ProVia PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON ProVia’S BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF. Some states do not allow limitations on how long an implied warranty lasts; so the above limitations may not apply to purchaser. This Lifetime Limited Transferable Warranty extends only to the original ProVia storm doors, storm windows and/or replacement windows which were originally installed in your Home or other structure as recorded on the warranty registration and shall not be valid or enforceable if you cannot prove that the storm doors, storm windows and/or replacement windows were so installed. To establish a record of your purchase please register your warranty online at xxx.xxxxxx.xxx/xxxxxxxx.

Appears in 1 contract

Samples: goguida.com

Warranty Conditions. No warranty herein covers damages resulting from improper installation, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting from fire or lightning, windstorms, earthquakes, wind-borne objects, strain applied to the unit by movement of the building, inadequate provision for expansion or contraction of framing members, installation in ships or vehicles, installation outside the Continental United States, seal failure (if the seal has been subject to immersion in water), acts of God, or other causes beyond the control of ProVia. Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This warranty does not cover condensation, nor frost or freezing from condensation on the unit. On some installations, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window or door, and therefore, is not covered under this Warranty. Caulking is normally considered a maintenance responsibility of the purchaser. The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit to be defective, contact the contractor for inspection. If the contractor determines the unit or parts thereof to be defective, the manufacturer at its exclusive option will repair, provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence. For the first three (3) years after the date of installation, ProVia will offer to the original purchaser a credit toward installation of twenty-five dollars ($25) for any aluminum storm door unit which ProVia determines to be defective in materials or workmanship pursuant to the terms and conditions of this warranty. It will be the responsibility of the original owner to make arrangements for installation with the dealer. The warranty on the replacement finish, components, or parts, will be limited to the balance of the time remaining on the warranty of the original finish, components, or parts as the case may be. Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract evidencing purchase of the ProVia products. ProVia SHALL NOT BE LIABLE TO LIABLETO PURCHASER FOR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT. PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISH, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF ProVia WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY STORM DOOR, STORM WINDOW, REPLACEMENT WINDOW, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER UNDERTHIS CONTRACTWHETHER IN CONTRACT, IN TORTINTORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE EXCEEDTHE PRICE OF THE STORM DOOROFTHE STORMDOOR, STORM WINDOWSTORMWINDOW, REPLACEMENT WINDOWREPLACEMENTWINDOW, PART OR COMPONENT ON WHICH SUCH LIABILITY IS BASED. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to purchaser. THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN ProVia AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF ProVia PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON ProVia’S BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY. ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF. Some states do not allow limitations on how long an implied warranty lasts; so the above limitations may not apply to purchaser. This Lifetime Limited Transferable Warranty extends only to the original ProVia storm doors, storm windows and/or replacement windows which were originally installed in your Home or other structure as recorded on the warranty registration certificate and shall not be valid or enforceable if you cannot prove that the storm doors, storm windows and/or replacement windows were so installed. To establish It will help us if you will fill out the Certificate of Registration setting out the date and address of the Home or structure which you had the windows and/or doors installed if you experience any warranty problems. Important Note: Failure to return the Certificate of Registration will not affect your rights under the warranty if you can show the date of purchase and the location the storm doors, storm windows and/or replacement windows were installed in a record reasonable way. (Your receipt of purchase and the receipt from the contractor who made the installation in your purchase please register your Home showing the address is one such way. Please keep them in a safe place.) This warranty online at xxx.xxxxxx.xxx/xxxxxxxxgives purchaser specific legal rights and he or she may also have other rights which vary from state to state.

Appears in 1 contract

Samples: Lifetime Limited Transferable Warranty

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