WARRANTY Commercial Canada 1-1-2005 to 4-1-2006
10-YEAR Commercial Warranty
On Milgard Products Purchased in Canada after 01/01/2005 (This is not a consumer warranty)
Milgard Manufacturing Incorporated ("Milgard") guarantees to the original commercial purchaser ("Original Commercial Purchaser") of Milgard windows, doors or skylights* (hereafter referred to as "Products") installed in (i) a single family home or a multi-family home unit that is not owner-occupied or (ii) a building used for commercial, governmental, fraternal or religious purposes (collectively a "Covered Building") as new construction or as replacements, that Milgard will, at Milgard's option, either repair or replace any Products that are found to be defective in materials or workmanship during the ten (10)-year warranty period defined below ("Warranty Period") provided that Milgard receives prompt notice of such defective materials or workmanship. Milgard will pay the costs of parts and labour, except that the Original Commercial Purchaser must provide at no cost to Milgard any scaffolding or lift equipment that may be required to repair or replace the Product (e.g. because of the height or location of the Covered Building). If, in Milgard's sole discretion, repair or replacement is not commercially practical or cannot timely be made, then Milgard will refund the purchase price. The foregoing remedies are the exclusive remedies for breach of warranty.
Persons Covered & Definition of Warranty Period
This Warranty extends to the Original Commercial Purchaser of Milgard Products installed in a Covered Building. The Warranty Period starts on the date of purchase of a Covered Building as new construction or the date of purchase of Milgard Products that are installed as replacements ("Start Date") and expires ten (10) years after the Start Date. In addition, if the Original Commercial Purchaser sells a Covered Building before ten (10) years has elapsed after the Start Date, Milgard will automatically extend full coverage under this Warranty (subject to the same limitations and exclusions) to the new commercial owner and any subsequent commercial owners of the Covered Building, until the tenth (10th) anniversary of the Start Date.
Exclusions from Coverage
This Warranty does not cover damage or defects relating to misuse, abuse, the use of applied tints or films, alterations including but not limited to customer-applied finishes, normal wear and tear including but not limited to natural weathering of exterior finishes, broken glass, acts of nature (e.g. fire, hurricane, etc.) improper installation, storage, or handling, or failure to properly care for and maintain the Milgard Products. *** Normal wear and tear, including discoloration, on hardware component finishes is not a defect and is not covered by this Warranty. Loss of functionality of hardware (except as provided below for stainless steel hardware**) in highly corrosive environments, which includes any Covered Building located within 3.5 kilometers of salt water. This Warranty does not apply to any Products that are installed in a Covered Building that has a non-drainable EIFS or DEFS siding product.
Milgard WoodClad™ fiberglass windows and doors may, as an option, be purchased with unfinished wood interior surfaces that must be finished prior to, or immediately after installation for maximum protection. Unfinished wood surfaces that experience water damage at the jobsite or are left unfinished after installation and become stained or damaged will not be considered as defective in materials or workmanship under the terms of this Warranty.
Disclaimer of Warranty
Except for the express Warranty contained herein, Milgard extends no other warranties or conditions, whether express, implied or statutory, and Milgard expressly disclaims the implied warranties and conditions of merchantability, quality and fitness for a particular purpose.
Limitation of Remedies
In no event will Milgard be liable for incidental, indirect, special or consequential damages, whether based on breach of express or implied warranty or condition, breach of contract, negligence, strict liability or any other legal theory. Such damages include, but are not limited to lost rents or profits, loss of use, claims of third parties and property damage. To the maximum extent permitted by applicable law, any claim arising under this Warranty or relating to non-performance thereof shall be commenced within one (1) year from the date the claim arises.
To obtain service under this Warranty, contact us at 1-800-Milgard or access Milgard's website at www.milgard.com. Please keep this certificate for your files.
Milgard will replace any Milgard window or door screen frame and mesh that is defective in materials or workmanship at no charge to the Original Commercial Purchaser (Milgard will pay for parts and/or labour) for a period of one (1) year after the Start Date.
**Stainless Steel Hardware
Milgard will replace at no charge (parts and/or labour) to the Original Commercial Purchaser stainless steel hardware that loses functionally in highly corrosive environments within one (1) year after the Start Date.
***Care and Maintenance
Care and Maintenance Instructions are available at www.milgard.com.