LIMITED
WARRANTY, ADVANCED ENERGY PANEL
A. WHO IS COVERED
Windo-Therm, LLC (hereinafter collectively referred
to as "Manufacturer") warrants only to the original owner
of the Advanced Energy Panel at the original installation location (hereinafter
"Owner") for a period of ten (10) years from date of purchase.
The coverage is restricted to the insulating system used in the United
States of America.
B. WHEN IT IS COVERED
The insulating system is warranted against defects
in material and workmanship only when installed, operated and maintained
in accordance with the printed instructions accompanying the insulating
system.
C. WHAT THE MANUFACTURER WILL DO AND THE PERIOD OF
COVERAGE
1. If the original component from the date of original
installation of the insulating system because of a defect in material
or workmanship which is proven to Manufacturer's satisfaction, then
for a period of ten (10) years:
Manufacturer or its representative will furnish to
such original Owner a new component of Manufacturer's then prevailing
system.
If governmental regulations prohibit Manufacturer
or its representative from furnishing a comparable unit or component
under this warranty, the Owner will be furnished with a new insulating
system or comparable component as permitted by such governmental regulations.
However, the Owner will be charged for the additional value of the
item(s) that Manufacturer has incorporated in the replacement insulating
system that does not comply with such governmental regulations. If
any serviceable component part proves to Manufacturer's satisfaction
to be defective in material or workmanship, Manufacturer will provide
customer with a replacement for, or repair of the defective part(s).
2. Limitation of Warranty Period - The respective
warranty period for replacement of the insulating system or component
parts is limited in duration of the unexpired term of the original
warranty period applicable to the replaced insulating system or component
parts. A new warranty will not be furnished with the replacement unit.
3. Return of Defective Component Parts - Manufacturer
reserves the right to examine the alleged defect in the insulating
system component part(s), and it will be the Owner's obligation to
return the insulating system and/or component part(s) to the Manufacturer
or its representative.
4. When returning a complete insulating system, it
must include all original component parts.
5. Verification of Date of Original Installation
- When Owner cannot verify or document the original date of installation,
the company may unilaterally determine such.
D. WHAT THIS LIMITED WARRANTY DOES NOT COVER
1. THIS LIMITED WARRANTY SHALL BE THE EXCLUSIVE WARRANTY
MADE BY THE MANUFACTURER AND IS MADE IN LIEU OF ALL OTHER WARRANTIES,
EXPRESS OR IMPLIED (WHETHER WRITTEN OR ORAL), EXCEPT THE IMPLIED WARRANTIES
WHICH INCLUDE BUT ARE NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND WHICH ARE LIMITED IN DURATION
TO THE PERIODS SPECIFIED ABOVE IN THIS LIMITED WARRANTY.
2. Manufacturer shall not be liable for any incidental,
consequential, special or contingent damages or expenses, arising,
directly or indirectly, from any defect in the insulating system or
the use of the insulating system.
3. Manufacturer shall not be liable for any damage
arising, directly or indirectly, from any defect in the insulating
system or component part(s) or from its use. Further, manufacturer
shall not be liable under this warranty if, including but not limited
to,
(a) the insulating system or any of its component parts have been
subject to misuse, alteration, neglect or accident, or
(b) the insulating system has not been installed in accordance with
the applicable building code(s) and/or regulation(s) or
(c) the insulating system is not installed, operated and maintained
in accordance with the manufacturer's printed instructions.
4. The OWNER, and not the Manufacturer, or his representative,
shall be liable for and shall pay for all field charges for labor
or other expenses incurred in the removal, repair (except when Manufacturer
elects to repair the insulating system or component part(s) in accordance
with paragraph C (2) above,) or replacement of the insulating system
or any component part(s) claimed to be defective or any expense incurred
by the owner in order to remedy any defect in the product. Such charges
may include, but are not necessarily limited to:
(a) all freight, shipping and delivery costs of forwarding a new insulating
system or replacement part to the owner.
(b) all costs necessary or incidental in removing the defective insulating
system or replacement part.
(c) any material required to complete, and/or permits required for,
installation of a insulating system or replacement part, and
(d) all costs necessary or incidental in returning the defective insulating
system or component part(s) to a location designated by Manufacturer
or its representative.
E. HOW STATE LAW MAY RELATE TO THIS WARRANTY.
SOME STATES DO NOT ALLOW LIMITATIONS ON HOW
LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY
TO YOU. SIMILARLY, SOME STATES DO NOT ALLOW THE 'EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR
EXCLUSION MAY NOT APPLY TO YOU. FURTHER, THIS WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM
STATE TO STATE.
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