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This is to certify that EURO Windows and Doors MFG warrants to its dealers, customers and all subsequent purchasers and owners of the project incorporating EURO Windows and Doors MFG products, subject to every term, condition and limitation stated herein, that the products supplied by EURO Windows and Doors MFG shall be free from material defect in materials and workmanship for a period of one (1) year from the date of substantial completion of the project, provided however, that the limited warranty period shall begin in no event later than three (3) months from the date of shipment.This limited warranty (“Limited Warranty”) applies only if EURO Windows and Doors MFG‘S products are installed and maintained according to EURO Windows and Doors MFG‘S recommended practices and installation instructions, and only if EURO Windows and Doors MFG is notified in writing within thirty (30) days after such defect either (i) appears or (ii) should have been discovered after the exercise of reasonable diligence. Failure of the claiming party to notify EURO Windows and Doors MFG within such period shall automatically relieve EURO Windows and Doors MFG of any and all responsibility and/or liability under this Limited Warranty.
THE WARRANTIES SET FORTH IN THIS LIMITED WARRANTY AND REMEDY ARE IN LIEU OF ALL OTHER REPRESENTATIONS, WARRANTIES OR OTHER AGREEMENTS, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WHICH ARE HEREBY DISCLAIMED, INCLUDING,BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
This Limited Warranty does not cover, and EURO Windows and Doors MFG hereby disclaims all liability for the installation of EURO Windows and Doors MFG products, any particular application or selection of the product for any particular project or design, any parts, gaskets, glazing materials, components or sealants of other manufacturers used with EURO Windows and Doors MFG products, or any lack of performance of EURO Windows and Doors MFG‘S products attributable to such items. This Limited Warranty also does not cover, and EURO Windows and Doors MFG hereby disclaims all liability for, any product which has been subject to abuse, alteration, neglect, misuse, abnormal use, accident, fire, war, flood, earthquakes, acts of God, or to which parts, not supplied by EURO Windows and Doors MFG have been added, or to defects caused by depreciation or normal wear. All decisions regarding the existence of defects in material and workmanship and the occurrence of any of the matters described in the preceding paragraphs or affecting this Limited Warranty shall be made by EURO Windows and Doors MFG and shall be final and binding upon all parties.
The sole and exclusive remedy with respect to this Limited Warranty or with respect to any other claim relating to defect or any other condition or use of the products supplied by EURO Windows and Doors MFG, however caused, and whether such claim is based upon breach of representation, warranty, condition, contract (fundamental or otherwise), tort (including negligence), strict liability or any other theory is limited to, at EURO Windows and Doors MFG‘S option, repair or replacement of such products or repayment by EURO Windows and Doors MFG of the purchase price paid for it. The remedy with respect to claims made relating to EURO Windows and Doors MFG fenestration and door products excludes the replacement of glass, gaskets, hardware, immediate framing, temporary enclosures or any related labor or installation costs. In no event does EURO Windows and Doors MFG‘S warranty cover the cost of labor or sundry materials required to remove and/or replace any defective product.
The products repaired, replaced or otherwise restored shall be warranted to the same extent and to the expiration date from the original date of shipment, and this Limited Warranty shall not be deemed to have been extended from the date of such warranty work. At no time does this Limited Warranty confer upon the claiming party or any other party the right to proceed with repair, replacement or restoration, without the written notice and agreement by a duly authorized officer of EURO Windows and Doors MFG. Any such work undertaken by the claiming party or any other party shall be for the claiming party’s own account and shall result in this Limited Warranty becoming null and void.
EURO Windows and Doors MFG‘S AGGREGATE TOTAL CUMULATIVE LIABILITY UNDER THIS LIMITED WARRANTY IS LIMITED TO THE DOLLAR AMOUNT OF THE PURCHASER’S ORIGINAL PAYMENT MADE TO EURO Windows and Doors MFG FOR PRODUCT FURNISHED BY EURO Windows and Doors MFG. IN CONSIDERATION OF THIS LIMITED WARRANTY, EURO Windows and Doors MFG SHALL NOT BE LIABLE FOR SPECIAL DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR GOODWILL, DAMAGES FOR NEGLIGENCE IN THE MANUFACTURE, DESIGN OR INSTALLATION OF THE PRODUCT, OR OTHER COMMERCIAL LOSS OR INJURY.
This is the only warranty made in connection with the sale and distribution of the EURO Windows and Doors MFG products. No representative, dealer or any other person is authorized to make or makes any warranty, representation or promise with respect to the EURO Windows and Doors MFG products. No terms or conditions other than those stated herein, and no agreement or understanding, oral or written, in any way purporting to modify this warranty shall be binding on EURO Windows and Doors MFG unless made in writing and signed by a duly authorized officer of EURO Windows and Doors MFG. Laws and building and safety codes governing the design and use of glaze entrance, window and curtain wall products vary widely. EURO Windows and Doors MFG does not control the selection of product configurations, operating hardware or glazing materials, and assumes no responsibility therefor.