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2006 Hurd Series Vinyl Warranty
Limited Warranty Coverage
This Limited Warranty applies to the original retail purchaser ("owner") of Hurd Windows & Doors, Inc. ("Hurd") New Construction Vinyl Windows and Patio Doors (the "product"). Hurd extends the following limited warranties:
1. Material and workmanship Hurd warrants that for a period of two (2) years from the date of installation, the product shall be free of defects in materials and workmanship.
2. Vinyl Frames Hurd warrants that for a period twenty (20) years, the product's vinyl frames shall not crack, rot, blister, pit or peel.
3. Hardware Hurd warrants that for a period of ten (10) years, the product's hardware components (consisting of sash locks, roto operators, balances, and lock sets) shall not fail to operate. In addition, if the hardware failure is deemed to be a manufacturing defect and cannot be replaced easily by the homeowner within the first two (2) years of the warranty, Hurd, subject to its approval, will also assist with the installation and replacement of the hardware.
4. Insulating Glass Seal Hurd warrants that for a period of twenty (20) years, a product that has been factory-glazed shall be free from failure in the seal in the insulating glass unit which results in the permanent obstruction of vision. In addition, if the glass failure is deemed to be a manufacturing defect and cannot be replaced easily by the homeowner within the first two (2) years of the warranty, Hurd, subject to its approval, will also assist in with the installation and replacement.
This limited warranty may not be transferred to any other party.
Exclusive From Warranty Coverage
This Limited Warranty provides a remedy only for non-conformities reported in accordance with paragraph six below, and it expressly excludes any remedy caused by or resulting from any of the following:
• Window and door products ordered or manufactured with capillary tubes may negate the benefits of any added inert gas in the IG unit. Hurd specifically excludes any express warranties and any implied warranties of merchantability or fitness for a particular purpose, regarding the concentration of inert gases in any insulated glass unit as migration may occur over the life of the unit.
• Certain types of exterior wall systems (including, for example, synthetic stucco or EFIS Engineered Insulating Finish System) may allow moisture to buildup within the wall. Hurd specifically excludes any express warranty, implied warranty of merchantability, or implied warranty of fitness for a particular purpose for any Hurd product installed in a wall system that does not allow for the proper management of moisture within the wall system, including without limitation walls containing synthetic stucco or barrier EFIS.
• Coated colored exterior vinyl is limited to ten (10) years.
• Acts of God
• Finishing (painting or staining)
• Slight glass curvature
• Brass hardware finishes
• Field-applied glass films of any type
• Screens or grilles
• Glass breakage or distortion
• Wood rot as a result of lack of maintenance
• Damage as a result of improper installation
• Decorative or art glass
• Damage as a result of excessive stress from movement of the structure
• Parts which have been damaged by accident or improper use or negligent operation
• Damage as a result of exposure to corrosive fumes, condensate's, or fire
• Insulating units installed in slope glazing; workmanship; or product installation
• Water damage caused by leakage from sources other than defective product or glass
• Minor scratches or other imperfections that do not impair structural integrity or obscure normal vision
• Damage to surfaces caused by pollutants, salt, or acid rain, including fading, discoloration, and chalking
• Condensation on glass is a natural result of humidity in the home and/or changes in the interior and exterior temperatures. It does not indicate a defect and is not included in this Limited Warranty.
Exclusion of Implied Warranties
This warranty is the only warranty applicable to this product and excludes all other warranties, including any implied warranty of merchantability or fitness for a particular purpose, and any implied warranties otherwise arising from course of dealing or usage of trade, except where product purchase is subject to consumer product warranty law, in which instances any applicable implied warranties are limited to the period of the applicable express warranty, or such shorter period as permitted or required under applicable law.
NOTE: Some states do not allow limitations on how long an implied warranty lasts, so the limitations may not apply to you. No other expressed warranty has been made or will be made on behalf of Hurd with respect to the product.
Remedies
This section provides the sole remedy available to the owner from Hurd for any non-conformity in the product. In the event of any non-conformity covered by this, or any implied warranty, Hurd will supply replacement parts that provide to be defective at no cost to owner. The parts will be shipped prepaid to the nearest dealer.
Exclusion of Other Remedies
In no event will Hurd be liable for labor, installation, finishing or any incidental, special indirect or consequential damages resulting from any defect in the product. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Responsibilities of the Owner
1. Any owner seeking remedies under this warranty must notify Hurd in writing within 30 days after discovering a possible non-conformity of the product, and before beginning any permanent repair. This written notice should describe the possible non-conformity and include the date the product was installed. It is the owner's responsibility to establish the date of installation.
2. Immediately upon discovering any possible non-conforming product, the owner must immediately make temporary repairs at the owner's expense to protect all property that could be affected.
3. The owner must allow an Hurd agent to enter the property and building on which the product is installed to inspect the possible non-conforming product.
This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state.
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To obtain warranty services notify Custom Order Online as to the nature of the problem and provide documentation (photos). Custom Order Online will need you to provide the date of purchase, as well as proof of purchase, and/or forward the defective part pre-paid to the manufacturing facility. After inspection of the part to verify that is it manufacturer's defect, a new replacement part will be forwarded to you at no charge except otherwise provided for herein. There is a 50-mile radius restriction from the main manufacturing facility. Any area outside of this radius will unable manufactures representative inspection. If the inspection shows that the material has failed, and is covered under warranty provided above, a replacement part will be shipped to our designated distributor closest to consumer at no charge, except for the freight. It is the obligation of the consumer to pick up the part at our distributor's location. If replacement part has been discontinued, COO reserves the right to substitute item with like product or part at our discretion. Labor for replacement applications or repairs for installation requirements are not covered. COO makes no other warranty or representation of any kind whatsoever expressed or implied, and all implied warranties including any warranty or merchantability of fitness for a particular purpose are hereby disclaimed. If COO finds anything other than a manufacturer's defect, charges will be incurred by customer.
COO maximum liability hereunder is limited to the current wholesale price. We will not cover the cost of new or defective installation. In no event shall COO be liable for any consequential, indirect, incidental or special damages of any nature rising form the sale or use window in contact, tort and strict liability or otherwise. If COO determines improper installation, all warranties are voided. COO authorizes no charge or exceptions in this warranty as set forth in writing and signed by manufacturer.
This warranty sets forth only warranties extended by COO. The provision terms and conditions contained herein, constitute the exclusive remedy for breach of warranty. These warranties are valid in those stated where permitted and give specific legal rights. Rights may vary from state to state. All warranties must be received by certified mail within 30 days of purchase date on original manufacturer's order signed by both property owner and installer at time of installation. Warranty must be numbered to be authentic. If there is any improper installation or any defect in installation, all warranties are voided. By acceptance of this warranty purchaser agrees that any and all claims are subject exclusively to the laws of the State of Illinois , Kane County . Any lawsuits or legal action filed against COO will be filed in Kane County , IL ONLY. |
