|AMERIMAX BUILDING PRODUCTS, INC. -
VINYL WINDOWS & PATIO DOORS LIFETIME LIMITED WARRANTY
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Amerimax Building Products, Inc. (hereinafter referred to as "Amerimax") makes the following limited warranty on its vinyl window and patio door product (hereinafter referred to as the "Product") which is installed at the residential property described on the attached limited warranty card. This limited warranty shall not apply to any Product installed on commercial property and is for the exclusive benefit of the Owner whose name appears on the reverse side of this form or the transferee as stated in paragraph 7. This limited warranty applies only to installation of the Product in the United States.
1. Materials: Amerimax warrants for a lifetime that the frame and sash vinyl lineals were manufactured according to Amerimax specifications and contain no defects and, subject to the limitations listed below, that the Product will not crack, warp, pit, corrode, peel or blister and that it will maintain its proper color characteristics under normal use and service for a period continuing for as long as the original Owner, or the transferee as stated in paragraph 7, continues to own the same house in which the Product is installed (the "Structure").
2. Parts: Amerimax warrants for a lifetime all moving parts against defective materials and workmanship, including the balances, locks, keepers and screws.
3. Insulating Glass: Amerimax warrants for a lifetime that the insulating glass portion of this Product will not "fail". A "failed" insulating glass unit is one that develops a significant obstruction of vision resulting from a moisture formation or dust collection between the interior glass surfaces caused by failure of the hermetic seal.
4. Exclusions from Warranty: This warranty does not cover defects or damages due to installation or any consequences of faulty installation including failure, damage, or deterioration caused by faulty installation, accidents, normal weathering, chalking, caulking, fading, corrosive atmosphere contaminated with chemical fumes or salt, harmful fumes, vapors or chemicals, settlement, structural shrinkage or distortion of the Structure, building heat or excessive temperature exposure (including exposure caused by storm windows), volcanic ash, fire, lightning, earthquakes, windstorms, tornadoes, or any other act of God, explosions, riots, civil disturbances, war, misuse or abuse, or other causes beyond the control of Amerimax. This warranty does not cover breakage of glass or torn screens resulting from any cause whatsoever. This limited warranty shall be void if any alterations or modifications are made to the Product as installed.
Small marks, scratches or spots which do not exceed the Amerimax standard or federal government specifications DD-04516 do not constitute a "failed" insulating glass unit. Condensation on glass which may occur as the natural result of humidity within the house or building area or as a result of interior/exterior temperature differential does not indicate a defect in the window and is not covered by this limited warranty.
The insulating glass warranty shall not cover or apply to the following products or situations: non-rectangular glass units; special types of decorative glass; glass units other than stock or standard catalog descriptions; glass units damaged in handling or installation; units installed in areas of excessive moisture or heat, or otherwise abused; glass units to which aftermarket films or coatings have been applied or if windows are painted, varnished or coated with any form of alternate substance; any cost of removal, installation or refinishing.
5. What Amerimax Will Do: Amerimax will not be required to honor this warranty without being given a reasonable opportunity to have its representative investigate any claim made. If after investigating the claim, Amerimax determines that the claim is valid, Amerimax's sole liability and Owner's only remedy shall be as follows: Amerimax will pay for the cost of labor for repair or replacement of the Product for one (1) year from the date of Product installation. Except as provided herein, this limited warranty does not include any additional labor costs and Amerimax will not be responsible after the first year for any costs incurred in the removal ore replacement, installation or reinstallation of the Product or any of its component parts furnished by Amerimax under this warranty.
7. Warranty Transfer:This warranty is transferable only once from original purchaser. Any claims by new transferee will be honored if the following criteria have been met: Amerimax must be notified in writing within 45 days after the date of ownership transfer; and the transferee must send completed transfer form and a certified check payable to Amerimax for $75.00 to cover warranty transfer handling cost. Failure to receive these criteria and the original warranty number will result in cancellation of warranty coverage. If the criteria are met, the warranty will remain in accordance with original Owner's terms from date of installation.
8. Amerimax reserves the right to discontinue or change any product as manufactured. If the Product, component part or particular color is not available and Amerimax determines to make replacement, Amerimax shall have the right to substitute a compatible part or component.
9. AMERIMAX MAKES NO WARRANTY THAT THE GOODS SHALL BE MERCHANTABLE OR FIT FOR ANY PARTICULAR PURPOSE, NOR DOES AMERIMAX MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, BY OPERATION OF LAW OR OTHERWISE, EXCEPT AS EXPRESSLY SET FORTH HEREIN. AMERIMAX SHALL NOT BE RESPONSIBLE OR LIABLE TO THE OWNER OR TO ANY THIRD PARTY FOR ANY LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR CONTINGENCY DAMAGES OR LOSSES FOR ANY BREACH OF WARRANTY OR IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE PRODUCTS FOR ANY PURPOSE WHATSOEVER. OWNER AGREES THAT OWNER'S SOLE AND EXCLUSIVE REMEDY AGAINST AMERIMAX SHALL BE FOR THE REPLACEMENT OF, OR REFUND OF, THE PRODUCT AS STATED HEREIN. Amerimax's total cumulative liability under this limited warranty is limited to the dollar amount of the Owner's original payment for the Product.
No modification or amendment of this limited warranty shall be binding on Amerimax unless made in writing and signed by its authorized representative. This document constitutes the entire limited warranty made by Amerimax.
The terms, conditions, covenants and provisions contained in this limited warranty may be waived only in writing and signed by an authorized representative of Amerimax. The invalidity or unenforceability of any provision of this limited warranty shall not affect the validity and enforceability of any remaining provisions, and this limited warranty shall be construed in all respects as if any invalid or unenforceable provision is omitted.
Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations and exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
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