WARRANTY Commercial US 12-1-2009 to 6-30-2010
10-YEAR Commercial Warranty
10-Year Commercial Warranty On Milgard Products Purchased in the United States after 12/1/2009 (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 labor, except that the Original Consumer 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 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 and 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, broken glass, alterations including but not limited to customer-applied finishes, minor imperfections in glass that do not affect the Product's structural integrity or significantly obscure vision, normal wear and tear including but not limited to natural weathering of exterior finishes, acts of nature (e.g. fire, hurricane, etc.), condensation (moisture or ice forming on the surface of the glass or frame) or damage as a result of condensation (except to the extent such condensation or damages from such condensation are caused by failure of the Product), improper storage, improper handling, improper installation or failure to properly care for and maintain Milgard Products***. Normal wear, 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 two miles of salt water and any Covered Building located in the State of Hawaii, is also excluded from coverage. For Milgard Products with argon or krypton gas-filled insulating glass, Milgard injects the gas at the time of manufacture. The gradual dissipation of inert gas may occur naturally over time and is not a defect. Other than gas loss due to seal failure, this warranty does not cover the gradual dissipation of inert gas or the amount of inert gas remaining in the Milgard Products at any time after manufacture. 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.
Milgard reserves the right to modify or discontinue any of its Products. For the repair or replacement of modified or discontinued Products, Milgard will have the right to substitute current Products and components of equal quality and as similar in appearance as possible. Milgard will not be obligated to replace discontinued Products and components for which no similar alternatives are available.
Disclaimer of Warranty
Except for the express warranty contained herein, Milgard extends no other warranties, whether express, implied or statutory, and Milgard expressly disclaims the implied warranties of merchantability and fitness or 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, 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. The statute of limitations applicable to all claims arising under this Warranty shall be one (1) year from the date the claim accrues.
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.
* Screens, Integrated Blinds and Skylight Components
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 (includes parts and/or labor) for a period of one (1) year after the Start Date. Milgard will replace any integrated blind that is defective in materials or workmanship at no charge to the Original Purchaser (includes parts and labor) for a period of five (5) years after Start Date. Milgard will replace the electric motor or basic drive unit of Milgard's operable skylights that are defective in materials or workmanship at no charge to the Original Purchaser (includes parts and labor) for a period of one (1) year after Start Date.
** Stainless Steel Hardware
Milgard will replace at no charge (parts and/or labor) to the Original Commercial Purchaser stainless steel hardware that loses functionality in highly corrosive environments within one (1) year after the Start Date.
*** Proper Care and Maintenance
Please see the Care and Maintenance Instructions on the back side of this certificate or go to Milgard's website at www.milgard.com