Common use of Year Limited Warranty Clause in Contracts

Year Limited Warranty. Commercial/multi-resident Subject to the limitations and exclusions herein, and for the duration of the applicable Warranty Period of the Residential Warranty Holder or Commercial/ Multi-Resident Warranty Holder (as defined below), Xxxxxxxx Windows, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair or replace any Product that fails to meet this Limited Warranty of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser of the original Product/ to remove a Slider sash, simply: Balance Shoe component purchase price or the original catalog list price) if in Xxxxxxxx’x opinion such repair or replacement is not commercially practical or reasonable or cannot timely be made. This Limited Warranty is applicable to Products purchased and installed in the United States or Canada only. Warranty Period Lifetime (Vinyl) and 20 years (Hardware, Glass and Screens)

Appears in 2 contracts

Samples: www.ryanbp.com, aabpinc.com

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Year Limited Warranty. Commercial/multiMulti-resident Resident Subject to the limitations and exclusions herein, and for the duration of the applicable Warranty Period of the Residential Warranty Holder or Commercial/ Multi-Resident Warranty Holder (as defined below), Xxxxxxxx Windows, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair or replace any Product that fails to meet this Limited Warranty of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Your Vinyl Windows and doors Doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to To tilt in the operable sash on double Double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser of the original Product/ to To remove a Slider sash, simply: Balance Shoe component purchase price or the original catalog list price) if in Xxxxxxxx’x opinion such repair or replacement is not commercially practical or reasonable or cannot timely be made. This Limited Warranty is applicable to Products purchased and installed in the United States or Canada only. Warranty Period Lifetime (Vinyl) and 20 years (Hardware, Glass and Screens)

Appears in 2 contracts

Samples: www.thehouseofwindows.com, aabpinc.com

Year Limited Warranty. Commercial/multiFADE RESISTANCE The Product’s color will not fade from light and weathering exposure, as measured by a color change of Years Since Purchase Maximum Color Change in Delta E (CIE) YEARS CIE 0-resident Subject 5 5 6-9 ...............................6 10-13 ...........................7 14-17 ...........................8 18-21 ...........................9 22-25 ...........................10 more than 5 Delta E (CIE) units for the first five (5) years of the Warranty Period and of more than 6 to 10 Delta E (CIE) units prorated for 20 years from year six (6) to twenty-five (25) of the Warranty Period as listed in the box to the right. While the Product is designed to resist fading, no material is fade proof when subjected to years of exposure to ultraviolet (UV) rays and the elements. All warranties are subject to the exclusions, limitations and exclusions restrictions set forth in the foregoing paragraph and below. STANDARD RESIDENTIAL LIFETIME LIMITED WARRANTY This Warranty is in addition to the standard residential Lifetime Limited Warranty that applies to all WOLF PVC Deck products. EXCLUSION FROM WARRANTY COVERAGE Surface Damage: Never use metal shovels or sharp-edged tools to remove snow and ice on the surface of any WOLF PVC Porch product. If the surface of WOLF PVC Porch is damaged or punctured after the decking is installed, including as a result of contact with shovels or other sharp-edged tools, this warranty will be voided. Paint Or Other Surfaces Applied to WOLF PVC Porch: Although WOLF PVC Porch does not need painting or staining to maintain its looks, it can be done. You can paint or stain WOLF Porch to achieve a custom color, but it is not necessary for protection as is required with wood. However, if paint or other coating materials are applied to the WOLF PVC Porch surface, this warranty will be voided. Other Exclusions: IPG does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, condition or damages attributable to the following: (1) Product which was not installed in accordance with WOLF PVC Porch installation guidelines or installed in a less than workmanlike man-ner; (2) Product which has been structurally altered or damaged by fire, flood, lightning, windstorm, hurricane, earthquakes, tornado or other acts of God; (3) Product which has been put in unusual service, or used for purpose for which it was not designed originally; (4) Product which has not been properly stored or handled; (5) Product which has been damaged during shipment, storage, handling, or installation; (6) Product which has been damaged by movement, distortion, collapse or settling of the ground or the supporting structure on which the Product is installed; (7) Product which has exposure to direct or indirect contact with extreme heat sources (over 250 degrees) that may damage the surface of the Product; (8) Product which has staining not on the surface of the Product (i.e., the underside or the ends of the Product); or (9) Product which has been damaged by ordinary wear and tear. Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the Product in connection with its use in any particular application. CLAIM PROCEDURE Purchaser must do as follows in order to make a claim under this warranty: Attempt to clean the affected area of the Product by using the cleaning procedures described above within one (1) week of exposure of the food or beverage to the surface of the Product. If, after completing step 1 above, the affected area remains reasonably unsatisfactory, then Purchaser must have the affected area of the Product cleaned by a professional deck cleaner at Purchaser’s expense. If, after completing steps 1 and 2 above, the affected area still remains reasonably unsatisfactory, Purchaser may make a claim under this warranty as provided herein, and for provided that such claim is made with- in thirty (30) days after the duration professional cleaning is completed. Purchaser must, no later than the end of the applicable Warranty Period Period, send to IPG proof of pur- chase, a description and photographs of the Residential Warranty Holder affected area(s) of the Product, and reasonable proof of compliance with the requirements set forth above to the following address: Inteplast Group Ltd./World-Pak Division - 0 Xxxxx Xxxx Xxxx Xx., Livingston, NJ 07039, Attn: WOLF Porch CONTINUED ON REVERSE For more information, please contact your WOLF Sales Consultant or Commercial/ Multi-Resident Warranty Holder WOLF Customer Service at 0.000.000.0000 XXX.XXXXXXXXXXXXXXXX.XXX kmd51413 CLAIM PROCEDURE (as defined below)continued) After reviewing all information, Xxxxxxxx Windows, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants IPG will make a determination regarding the validity of the claim submitted. If IPG determines that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair Purchaser’s claim is valid, IPG will, at its sole option, either replace the affected item or replace any Product that fails to meet this Limited Warranty refund the portion of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price paid by the Purchaser for such affected item (not including the lesser cost of its initial installation). Replacement material will be provided that is as close as possible in color, design and quality as the replaced material, but IPG does not guarantee an exact match as colors and designs may change. If Purchaser makes a valid warranty claim hereunder during years eleven (11) through twenty-five (25) of the original Product/ Warranty Period, then Purchaser’s recovery will be prorated as indicated below. If IPG is providing replacement materials, it may elect to remove replace the percentage listed below of boards otherwise meeting the requirements for a Slider sashclaim; if IPG is refunding the purchase price, simply: Balance Shoe component it may elect to refund the percentage listed below of the purchase price of boards otherwise meeting the requirements for a claim. Prorated Warranty Schedule Years since purchase Percent of Purchase Price covered 0-10 100 % 11-13 80 % 14-16 60 % 17-19 40 % 20-22 20 % 23-25 10 % This warranty shall not cover, and IPG shall not be responsible for, costs and expenses incurred with respect to the removal of affected Product or the original catalog list price) if in Xxxxxxxx’x opinion such repair installation of replacement materials, including but not limited to, labor and freight. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY. LIMITATIONS Disclaimer of Warranties: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN AND IN THE IPG LIFETIME LIMITED RESIDENTIAL WARRANTY, IPG MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION. Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you. Limitation of Remedies and Exclusion of Consequential and Incidental Damages: IPG’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL IPG BE LIABLE OR OBLIGATED FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. IPG’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE. Some states do not allow the exclusion or replacement is limitation of incidental or consequential damages, so the above limitation or exclusion may not commercially practical or reasonable or cannot timely be madeapply to you. This Limited Warranty warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Miscellaneous: This warranty is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written instrument signed by IPG and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and IPG shall not be bound by any such statements other than those contained in this warranty. This warranty shall only be applicable to Products purchased and installed enforceable in the United States of America and Canada. This warranty is effective for purchases by residential purchasers made on or Canada onlyafter August 1, 2012 for Tropical Hardwood Collection and March 1, 2015 for Estate Collection. Warranty Period Lifetime (Vinyl) and 20 years (HardwareFor more information, Glass and Screens)please contact your WOLF Sales Consultant or WOLF Customer Service at 0.000.000.0000 XXX.XXXXXXXXXXXXXXXX.XXX

Appears in 1 contract

Samples: Eligibility

Year Limited Warranty. Commercial/multi-resident Subject The Company warrants to Owners and Craftsman that, for a period of 10 years from date of delivery of Products installed on subject Building, the Products will perform according to associated specifications and characteristic when installed in accordance with applicable guides; provided that a localised WUFI (or equivalent) analysis has determined suitability. If a Product should fail to meet performance characteristics in a properly designed wall using where a WUFI or equivalent analysis has determined same is suitable, then the Company will provide a Product to replace the failed Product. The replacement Product shall have reasonably similar Specifications to the limitations failed Product, subject to the availability. To avail of this 10 Year Limited Warranty the Owner or Craftsman must notify the Company in in writing to the address set forth herein at least fourteen (14) days prior to commencement of an installation of a Product, and exclusions hereinmust complete a Practical Training (online or in- person) with the Company or an authorized representative of the Company with the actual authority to conduct the Practical Training. Six Year Limited System Warranty For new Buildings of up to two (2)stories in height, and for products comprising the duration complete building envelope and in accordance with the terms of this Six Year Limited System Warranty, the applicable Warranty Period Company will pay for the reasonable costs of construction (labour and materials) necessary to repair the Residential Warranty Holder actual area of damage to the wall or Commercial/ Multi-Resident Warranty Holder roof system if (as defined belowi) the damage was caused solely by the failure of a product manufactured by the Company, and (ii) the product was installed in strict compliance with published Specifications. To qualify for this Six Year Limited System Warranty, the entire Building Envelope must have been constructed using products manufactured by the Company, including all WRB (External), Xxxxxxxx WindowsAirsealing membrane and tapes, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants provided that the Product will be free products were available from non-conformities in material and workmanship. Xxxxxxxx will repair or replace any Product that fails to meet this Limited Warranty of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either casethe Company, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser of the original Product/ to remove a Slider sash, simply: Balance Shoe component purchase price or the original catalog list price) if in Xxxxxxxx’x opinion such repair or replacement is not commercially practical or reasonable or cannot timely be made. This Limited Warranty is applicable to Products purchased and installed in strict compliance with published Specifications. This Six Year Limited System Warranty applies only to Buildings where the United States Partel System is installed during the original construction of the Building. The use of alternative products where products manufactured by the Company are available voids this warranty. To qualify for this Six Year Limited System Warranty the Owner or Canada only. Warranty Period Lifetime Craftsman must notify the Company in in writing to the address set forth herein at least fourteen (Vinyl14) days prior to commencement of an installation of a Partel System, and 20 years must complete a Practical Training (Hardware, Glass and Screens)online or in-person) with the Company or an authorized representative of the Company with the actual authority to conduct the Practical Training.

Appears in 1 contract

Samples: www.partel.ie

Year Limited Warranty. Commercial/multiThe term of this Limited Warranty (“Warranty Period”) for the Green Plank Product listed below shall be ten (10) years from the date of original purchase by or for a commercial application for a commercial purchaser as long as the Purchaser owns the property upon which the Green Plank Product was installed. Decking: SmartCap™, Smart Marine™, Marine Jumbo™ Cladding: PrimaCap™ 5-resident Subject year Limited Warranty The term of this Limited Warranty (“Warranty Period”) for the Green Plank Product listed below shall be five (5) years from the date of original purchase by or for a commercial application for a commercial purchaser as long as the Purchaser owns the property upon which the Green Plank Product was installed. Decking: MarineCap™, Entra™, Marine60™ Green Plank written installation instructions are available from your Green Plank dealer or your contractor or from Green Plank at xxxxxxxxxx.xx or by writing to Green Plank. If a defect occurs within the Warranty Period, the Purchaser shall notify GREENPLANK in writing and, upon confirmation by an authorized GREENPLANK representative of the defect, GREENPLANK’s sole responsibility shall be, at its option, to either replace the defective item, in an amount equal to the limitations and exclusions volume (linear meter) of defective material as listed on the Prorated Warranty Schedule contained herein, and for the duration of the applicable Warranty Period of the Residential Warranty Holder or Commercial/ Multi-Resident Warranty Holder (as defined below), Xxxxxxxx Windows, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants that the . Replacement Green Plank Product will be free from non-conformities as close in material color, design and workmanshipquality to the original installation as reasonably possible, in GREENPLANK’s discretion and determination, but GREENPLANK does not guarantee an exact match as colors and designs may change. Xxxxxxxx will repair or replace any Product that fails GREENPLANK may, at its option, elect to meet this Limited Warranty of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser percentage of the original Product/ to remove a Slider sash, simply: Balance Shoe component purchase price listed under Recovery on the Prorated Warranty Schedule in lieu of replacing the defective product (not including the cost of its initial installation). This warranty shall not cover and GREENPLANK shall not be responsible for costs and expenses incurred with respect to the removal of defective GREENPLANK products, any freight, labor or the installation of replacement materials. The Warranty Period shall not be extended by any such replacements but the replacement Product shall continue to be covered during the remainder of the original catalog Warranty Period. GREENPLANK reserves the right to discontinue production of any Green Plank Product. If a Green Plank Product has been discontinued or is for some other reason no longer available, GREENPLANK reserves the right to substitute another product of comparable function and quality for such Green Plank Product. GREENPLANK shall not be liable for any indirect, incidental, punitive, consequential, exemplary or other damages of any kind whatsoever, whether any such claim is based upon theories of contract, warranty, negligence, tort, strict liability or otherwise. In any dispute over the performance of the product, the purchaser shall have the burden of proof that the Green Plank Product was installed and maintained in accordance with the GREENPLANK’s applicable instructions. WARRANTY REGISTRATION In order to validate your Warranty you must complete and mail the REGISTRTION CARD within 90 days after installation. A copy of the receipt from an authorized Green Plank AB's, Green Plank® Decking dealer or contractor and a photo of the project are required. Mail to: Green Xxxxx XX, Xxxxxxxxxx 0, XX-000 00 Xxxxx, Xxxxxx or eMail to: xxxx@XxxxxXxxxx.xx CLAIM PROCEDURE To make a claim under this Warranty to receive replacement product, the original owner must, within 30 days of actual constructive notice of damage covered under this warranty, prepare a letter that includes the following information: • A list price) if in Xxxxxxxx’x opinion such repair or replacement of the number of pieces and the size of each piece for which the claim is not commercially practical or reasonable or cannot timely be mademade • Description of the claimed defect with pictures and proof of purchase, copy of the invoice, etc. • Copy of validated Warranty Registration card Download • Mail the above information to: Green Plank XX, Xxxxxxxxxx 0, XX-000 00 Xxxxx, Xxxxxx This Limited Warranty does not cover and GREENPLANK shall not be liable for any installation, removal or reinstallation costs. GREENPLANK does not warrant against and is applicable not responsible for, and no implied warranty shall be deemed to Products purchased cover, any condition attributable to: (1) improper installation of Green Plank Product and/or failure to abide by GREENPLANK’s installation guidelines, including but not limited to improper gapping, installation directly on top of or attached to a concrete slab, installation directly on the ground, installation on top of other decking, or any installation that does not provide for proper ventilation above, below, and installed to the side, or lack of proper slope to allow water flow away from the surface; (2) use of Green Plank Product beyond normal use, or in an application not recommended by GREENPLANK’s guidelines and local building codes and including but not limited to improper structural support, fastening, ventilation or gapping; (3) movement, distortion, collapse or settling of the United States ground or Canada onlythe supporting structure on which Green Plank Product are installed; (4) defects or damages caused by accident, fire, flood, lightning, hurricane, tornado, sandstorm, earthquake or other acts of God, vandalism, misuse, abuse, harmful fumes, vapors or chemicals, settlement, structural shrinkage or distortion of the structure, environmental condition (such as air pollution, mold, mildew, etc., static electricity or any cause beyond the control of GREENPLANK), staining from substances (such as dirt, grease, oil, etc.), or normal weathering (defined as exposure to sunlight, weather and atmosphere which will cause any colored surface to gradually fade, chalk, or accumulate dirt or stains); (5) variations or changes in color of Green Plank Product; (6) improper handling, storage, abuse or neglect of Green Plank Product by Purchaser, or third parties; or (7) ordinary wear and tear or (8) surface damage as a result of moving/dragging heavy objects or using shovels or sharp-edged tools to remove snow and ice on the surface of the product. GREENPLANK shall not be liable for incidental, special, consequential or other similar damages arising from the breach of this warranty. In particular, the liability of GREENPLANK, if any, and the Purchaser’s sole remedy for damages for any claim of any kind whatsoever, regardless of legal theory and whether arising in tort or contract, shall not be greater than the actual purchase price of the product with respect to which such claim was made. No person or entity is authorized by GREENPLANK to make and GREENPLANK shall not be bound by any statement or representation as to the quality or performance of GREENPLANK products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by GREENPLANK and Purchaser. UNDER NO CIRCUMSTANCES WILL GREENPLANK BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDINGBUTNOTLIMITEDTONEGLIGENCEANDSTRICTLIABILITY)OR OTHERWISE,AND GREENPLANK’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE. Pro-rated Limited Warranty Period Lifetime (Vinyl) and Schedule Recovery 5 years Commercial 10 years Commercial Year of claim Year of claim 100 % 1 year 0 – 3 years 80 % 2 years 4 years 60 % 3 years 5 years 40 % 4 years 6 years 20 % 5 years (Hardware, Glass and Screens)7 - 8 years 10 % - 9 - 10 years

Appears in 1 contract

Samples: greenplank.eu

Year Limited Warranty. Commercial/multi-resident Subject HomTex, Inc. (“HomTex“) warrants to the limitations original purchaser or user that the accompanying product will be free from defects in materials and exclusions hereinwork- xxxxxxx for a period of 1 year from the date of the original retail sales invoice. If during the warranty period, this product is found to be defective be- cause of defects in materials or workmanship, it will be replaced without charge. Use of the product diminishes the loft of the filling material. Notice of a claim under this warranty must be given promptly in writing, in no case later than 45 days after the discovery of the defect. Defective products must be returned, along with the invoice, prepaid to HomTex at the address stated below. HomTex will prepay shipping charges for the replaced product. HomTex makes no warranty with respect to the natural settling of the filling material. This warranty will become void if the product shows signs of careless handling or if the product is ripped or torn. In addition, this product must be cleaned in accordance with HomTex’s care and for use instructions. Any implied warranties shall be limited to the duration of the applicable Warranty Period 1 year limited warranty. In no case will HomTex be liable for the incidental or consequen- tial damages, whether such damages are claimed on account of the Residential Warranty Holder breach of warranty, breach of contract, negligence or Commercial/ Multi-Resident Warranty Holder (as defined below)strict/product liability, Xxxxxxxx Windowsin- cluding without limitation, damage to property other than the product) or economic losses. Some states do not allow limitations on implied warranties or the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from state to state. All claims relating to limited warranty should be addressed to: Customer Service Department, HomTex, Inc. 00000 Xxxxxxx Xxxxxxx 000, Xxxxxxxx, Xxxxxxx 00000. “DREAMFIT,“ the “DREAMFIT“ logo and Simonton Industries“FITS LIKE A DREAM“ are trademarks of HomTex, Inc. (hereinafter, “Simonton”), warrants that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair or replace any Product that fails to meet this Limited Warranty of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser of the original Product/ to remove a Slider sash, simply: Balance Shoe component purchase price or the original catalog list price) if in Xxxxxxxx’x opinion such repair or replacement is not commercially practical or reasonable or cannot timely be made. This Limited Warranty is applicable to Products purchased and installed in the United States or Canada only. Warranty Period Lifetime (Vinyl) and 20 years (Hardware, Glass and Screens)ACCESSORIES

Appears in 1 contract

Samples: www.meyerdc.com

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Year Limited Warranty. Commercial/multi-resident Subject to the limitations and exclusions herein, and for the duration The term of the applicable Warranty Period of the Residential Warranty Holder or Commercial/ Multi-Resident Warranty Holder (as defined below), Xxxxxxxx Windows, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair or replace any Product that fails to meet this Limited Warranty (“Warranty Period”) for Fiberon Relax Decking shall be fifteen (15) years from the date of original purchase by or for a Residential residential application as long as the Original Purchaser owns the property upon which the Fiberon Product was installed. Fade Resistance: Fiberon warrants that Relax Decking is and will be, from the date of residential consumer purchase for a period of five years, resistant to color change from light and weathering exposure as measured by color change in excess of 5 Delta E (Hunter) units, provided that the Fiberon products were installed, cared for and maintained in accordance with Fiberon written and the conditions stated below. Exclusions from/Voiding Fade Warranty Holder that is installed up to an elevation of Coverage: Fiberon does not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured warrant its Fiberon Products to be thermally efficientfade-proof. When installed, aesthetically pleasing cared for and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt maintained properly in the operable sash residential exterior deck environment, Fiberon Relax Decking provides fade resistance. However, no material is fade-proof, especially but not only when the materials are exposed to years of UV exposure and the elements. Without limitation on double Hung any other provision of this Limited Warranty, Fiberon does not warrant for stain resistance resulting from spilled or otherwise applied substances that are not properly cleaned with soap and Single Hung windows, you must: n Unlock the sash water or mild household cleaners immediately. All warranties are void and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom excluded in their entirety in any of the sash up following events: • Failure to install, care for and out maintain the Fiberon Product in accordance with written instructions and the conditions stated below voids all warranties in their entirety. • Use of abrasive compounds of acidic or basic pH, strong solvents, oil-based paints or stains, metallic rust, concrete or masonry products, air or water borne minerals and other abnormal residential deck use items will damage the frameFiberon Product and voids all warranties in theirentirety. To reinsert • Putting Relax Decking in direct or indirect contact with extreme heat sources (over 250 degrees) voids all warranties in their entirety. • Damaging, gouging, scraping or puncturing the sash into the frame, make sure both pivot bars (located at the bottom surface of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser of the original Product/ Relax Decking voids all warranties in their entirety. • Failure to remove a Slider sash, simply: Balance Shoe component purchase price or the original catalog list price) if in Xxxxxxxx’x opinion such repair or replacement is not commercially practical or reasonable or cannot timely be made. This Limited Warranty is applicable recoat Fiberon Relax Decking periodically to Products purchased maintain finish and installed in the United States or Canada only. Warranty Period Lifetime (Vinyl) and 20 years (Hardware, Glass and Screens)appearance.

Appears in 1 contract

Samples: assets.fiberondecking.com

Year Limited Warranty. Commercial/multiCommercial/ Multi-resident Resident Subject to the limitations and exclusions herein, and for the duration of the applicable Warranty Period of the Residential Warranty Holder or Commercial/ Commercial/Multi-Resident Warranty Holder (as defined defined below), Xxxxxxxx Windows, Inc. and Simonton Xxxxxxxx Industries, Inc. (hereinafter, “Simonton”), warrants that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair or replace any Product that fails to meet this Limited Warranty of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); ) provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price (the lesser of the original Product/ to remove a Slider sash, simply: Balance Shoe Product/component purchase price or the original catalog list price) if in Xxxxxxxx’x opinion such repair or replacement is not commercially practical or reasonable or cannot timely be made. This Limited Warranty is applicable to Products purchased and installed in the United States or Canada only. Warranty Period Brickmould 600: Lifetime (VinylVinyl (General), Factory Applied Interior Laminate Option, Hardware, Glass and Screens) – 10 years (Factory-Applied Exterior Coating Option) Brickmould 300: Lifetime (Vinyl (General) and 20 years (Hardware, Glass and Screens) Transferability for Residential Warranty Holder: Brickmould 600: Product Warranty is transferable by the original Residential Warranty Holder once to a subsequent Residential owner, however, the successor’s Residential Warranty Period will exist and continue only from the original Warranty Holder’s product purchase date until (i) the 20th anniversary of that original purchase date with respect to Vinyl (General),Factory Applied Interior Laminate Option, Hardware, Glass and Screens, and (ii) the 10th anniversary of the original purchase date with respect to Factory Applied Exterior Coating Option; but in each case, for such shorter period of time if it is expressly stated in this Limited Warranty for the Product component; and provided the Warranty has been properly transferred following the procedure set forth below. Brickmould 300: Product Warranty is transferable by the original Residential Warranty Holder once to a subsequent Residential owner, however, the successor’s Residential Warranty Period will exist and continue only from the original Warranty Holder’s product purchase date until the 20th anniversary of that original purchase date with respect to Vinyl (General), Hardware, Glass and Screens, but for such shorter period of time if it is expressly stated in this Limited Warranty for the Product component; and provided the Warranty has been properly transferred following the procedure set forth below. Brickmould 600 and 300: If the transfer from a Residential Warranty Holder is to a Commercial/Multi-Resident owner, the warranty will continue only until (and will expire on) the 10th anniversary of the original purchase date of the Product (that is, the warranty is only transferable by the original Residential owner to a subsequent Commercial/Multi-Resident owner if the transfer occurs during the first 10 years following purchase of the Product, unless a shorter period of time is expressly stated for the Product component.) Regardless of the classification of the transferee, the Warranty must be properly transferred following the procedure set forth below in order to be effective. Commercial/Multi-Resident Warranty Holder: 10 years (excluding Factory-Applied Exterior Coating coverage)from the earlier of the date Product was shipped from Xxxxxxxx or an authorized dealer; transferable to successive non-Residential owners during and for any balance of the 10 year Warranty Period (but for such shorter period of time if it is expressly stated in this Limited Warranty for the Product component) and only if the Warranty has been properly transferred following the procedure set forth below. Three (3) year Factory-Applied Exterior Coating limited warranty applies from the earlier of the date Product was shipped from Xxxxxxxx or an authorized dealer; NOT transferable. Warranty Transfer Any Warranty Transfer previously described will be deemed effective only if the following procedures are completed: (1) written notice is provided to Xxxxxxxx within 30 days after the transfer of ownership of the premises where the Products are installed, (2) delivered to Xxxxxxxx Windows, 0000 Xxxxxxx Xxxx, P.O. Box 1646, Parkersburg, WV 26102-1646, (3) accompanied by a copy of this Limited Warranty, the Product order number (bar code located in the sash head, sill or jamb of each Product),

Appears in 1 contract

Samples: aabpinc.com

Year Limited Warranty. Commercial/multiFADE RESISTANCE The Product’s color will not fade from light and weathering exposure, as measured by a color change of Years Since Purchase Maximum Color Change in Delta E (CIE) YEARS CIE 0-resident Subject 5 5 6-9 ...............................6 10-13 ...........................7 14-17 ...........................8 18-21 ...........................9 22-25 ...........................10 more than 5 Delta E (CIE) units for the first five (5) years of the Warranty Period and of more than 6 to 10 Delta E (CIE) units prorated for 20 years from year six (6) to twenty-five (25) of the Warranty Period as listed in the box to the right. While the Product is designed to resist fading, no material is fade proof when subjected to years of exposure to ultraviolet (UV) rays and the elements. All warranties are subject to the exclusions, limitations and exclusions restrictions set forth in the foregoing paragraph and below. STANDARD RESIDENTIAL LIFETIME LIMITED WARRANTY This Warranty is in addition to the standard residential Lifetime Limited Warranty that applies to all WOLF PVC Deck products. EXCLUSION FROM WARRANTY COVERAGE Surface Damage: Never use metal shovels or sharp-edged tools to remove snow and ice on the surface of any WOLF PVC Porch product. If the surface of WOLF PVC Porch is damaged or punctured after the decking is installed, including as a result of contact with shovels or other sharp-edged tools, this warranty will be voided. Paint Or Other Surfaces Applied to WOLF PVC Porch: Although WOLF PVC Porch does not need painting or staining to maintain its looks, it can be done. You can paint or stain WOLF Porch to achieve a custom color, but it is not necessary for protection as is required with wood. However, if paint or other coating materials are applied to the WOLF PVC Porch surface, this warranty will be voided. Other Exclusions: IPG does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, condition or damages attributable to the following: (1) Product which was not installed in accordance with WOLF PVC Porch installation guidelines or installed in a less than workmanlike man-ner; (2) Product which has been structurally altered or damaged by fire, flood, lightning, windstorm, hurricane, earthquakes, tornado or other acts of God; (3) Product which has been put in unusual service, or used for purpose for which it was not designed originally; (4) Product which has not been properly stored or handled; (5) Product which has been damaged during shipment, storage, handling, or installation; (6) Product which has been damaged by movement, distortion, collapse or settling of the ground or the supporting structure on which the Product is installed; (7) Product which has exposure to direct or indirect contact with extreme heat sources (over 250 degrees) that may damage the surface of the Product; (8) Product which has staining not on the surface of the Product (i.e., the underside or the ends of the Product); or (9) Product which has been damaged by ordinary wear and tear. Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the Product in connection with its use in any particular application. CLAIM PROCEDURE Purchaser must do as follows in order to make a claim under this warranty: Attempt to clean the affected area of the Product by using the cleaning procedures described above within one (1) week of exposure of the food or beverage to the surface of the Product. If, after completing step 1 above, the affected area remains reasonably unsatisfactory, then Purchaser must have the affected area of the Product cleaned by a professional deck cleaner at Purchaser’s expense. If, after completing steps 1 and 2 above, the affected area still remains reasonably unsatisfactory, Purchaser may make a claim under this warranty as provided herein, and for provided that such claim is made with- in thirty (30) days after the duration professional cleaning is completed. Purchaser must, no later than the end of the applicable Warranty Period Period, send to IPG proof of pur- chase, a description and photographs of the Residential Warranty Holder affected area(s) of the Product, and reasonable proof of compliance with the requirements set forth above to the following address: Inteplast Group Ltd./World-Pak Division - 0 Xxxxx Xxxx Xxxx Xx., Livingston, NJ 07039, Attn: WOLF Porch CONTINUED ON REVERSE For more information, please contact your WOLF Sales Consultant or Commercial/ Multi-Resident Warranty Holder WOLF Customer Service at 0.000.000.0000 XXX.XXXXXXXXXXXXXXXX.XXX kmd51413 CLAIM PROCEDURE (as defined below)continued) After reviewing all information, Xxxxxxxx Windows, Inc. and Simonton Industries, Inc. (hereinafter, “Simonton”), warrants IPG will make a determination regarding the validity of the claim submitted. If IPG determines that the Product will be free from non-conformities in material and workmanship. Xxxxxxxx will repair Purchaser’s claim is valid, IPG will, at its sole option, either replace the affected item or replace any Product that fails to meet this Limited Warranty refund the portion of a Residential Warranty Holder that is installed up to an elevation of not more than three stories (for Product installations over three stories contact Xxxxxxxx for warranty consideration); provided in either case, Operation of your Vinyl Windows and doors Along with being virtually maintenance free, your windows and doors have been designed and manufactured to be thermally efficient, aesthetically pleasing and easy to operate. Double Hung and Slider sash lift out; Casement sash open by turning the handle. to tilt in the operable sash on double Hung and Single Hung windows, you must: n Unlock the sash and raise (or lower) it approximately 4” above (or below) the frame. n Slide the tilt latches toward the cam lock and gently tilt the sash in. Always support tilted sash while cleaning. n When finished cleaning, tilt the sash up and snap the tilt latches into place. For safety, make sure the tilt latches are securely engaged. n If it becomes necessary to remove and reinsert the sash, tilt the sash inward to a 90-degree angle and lift the bottom of the sash up and out of the frame. To reinsert the sash into the frame, make sure both pivot bars (located at the bottom of the sash) are fully inserted into the balance shoes Xxxxxxxx may refund the purchase price paid by the Purchaser for such affected item (not including the lesser cost of its initial installation). Replacement material will be provided that is as close as possible in color, design and quality as the replaced material, but IPG does not guarantee an exact match as colors and designs may change. If Purchaser makes a valid warranty claim hereunder during years eleven (11) through twenty-five (25) of the original Product/ Warranty Period, then Purchaser’s recovery will be prorated as indicated below. If IPG is providing replacement materials, it may elect to remove replace the percentage listed below of boards otherwise meeting the requirements for a Slider sashclaim; if IPG is refunding the purchase price, simply: Balance Shoe component it may elect to refund the percentage listed below of the purchase price of boards otherwise meeting the requirements for a claim. Prorated Warranty Schedule Years since purchase Percent of Purchase Price covered 0-10 100 % 11-13 80 % 14-16 60 % 17-19 40 % 20-22 20 % 23-25 10 % This warranty shall not cover, and IPG shall not be responsible for, costs and expenses incurred with respect to the removal of affected Product or the original catalog list price) if in Xxxxxxxx’x opinion such repair installation of replacement materials, including but not limited to, labor and freight. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY. LIMITATIONS Disclaimer of Warranties: EXCEPT FOR THE EXPRESS WRITTEN WARRANTY CONTAINED HEREIN AND IN THE IPG LIFETIME LIMITED RESIDENTIAL WARRANTY, IPG MAKES NO OTHER WARRANTIES, GUARANTEES OR INDEMNITIES, WHETHER EXPRESS OR IMPLIED, ARISING BY LAW, COURSE OF DEALING, USAGE OF TRADE, CUSTOM OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTY OF MERCHANTABILITY AND IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH OTHER WARRANTIES, GUARANTEES AND INDEMNITIES ARE HEREBY DISCLAIMED, OVERRIDDEN AND EXCLUDED FROM THIS TRANSACTION. Some states do not allow limitations on how long an implied warranty lasts so the above limitation may not apply to you. Limitation of Remedies and Exclusion of Consequential and Incidental Damages: IPG’S LIABILITIES ARE LIMITED SOLELY AND EXCLUSIVELY TO THE OBLIGATIONS SPECIFICALLY UNDERTAKEN HEREIN, AND UNDER NO CIRCUMSTANCES WILL IPG BE LIABLE OR OBLIGATED FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST SALES, LOSS OF GOODWILL, USE OF MONEY, USE OF GOODS, STOPPAGE OF WORK, OR IMPAIRMENT OF ASSETS), WHETHER FORESEEABLE OR UNFORESEEABLE, ARISING OUT OF BREACH OR FAILURE OF EXPRESS OR IMPLIED WARRANTY, BREACH OF CONTRACT, FRAUD, MISREPRESENTATION, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, EXCEPT AND ONLY TO THE EXTENT THIS LIMITATION IS SPECIFICALLY PRECLUDED BY APPLICABLE LAW OF MANDATORY APPLICATION. IPG’S LIABILITY WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS OR REFUND OF THE PURCHASE PRICE, AS DESCRIBED ABOVE. Some states do not allow the exclusion or replacement is limitation of incidental or consequential damages, so the above limitation or exclusion may not commercially practical or reasonable or cannot timely be madeapply to you. This Limited Warranty warranty gives you specific legal rights, and you may also have other rights that vary from state to state. Miscellaneous: This warranty is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written instrument signed by IPG and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and IPG shall not be bound by any such statements other than those contained in this warranty. This warranty shall only be applicable to Products purchased and installed enforceable in the United States of America and Canada. This warranty is effective for purchases by residential purchasers made on or Canada onlyafter August 1, 2012 for Tropical Hardwood Collection and March 1, 2015 for Estate Collection. Warranty Period Lifetime (Vinyl) and 20 years (HardwareFor more information, Glass and Screens)please contact your WOLF Sales Consultant or WOLF Customer Service at 0.000.000.0000 XXX.XXXXXXXXXXXXXXXX.XXX

Appears in 1 contract

Samples: Eligibility

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