SUPPLEMENT To SIMONTON’S MANUFACTURED WINDOW AND PATIO DOOR PRODUCT LIMITED WARRANTY
Residential 10 Year Limited Warranty
This Factory-Applied Exterior Coating Limited Warranty Rider (“Rider”) supplements the applicable Simonton manufactured window and patio door (“Product”) Product Limited Warranty from Simonton Windows, Inc. or Simonton Industries, Inc. (“Seller” or “Simonton”) in effect on the Product purchase date (“Limited Warranty”).
1. WHAT THIS RIDER COVERS AND HOW LONG THE LIMITED WARRANTY COVERAGE APPLICABLE TO THE PRODUCT’S PROFILE (WHETHER “VINYL,” “FIBERGLASS,” OR OTHERWISE) AS SET FORTH IN THE PRODUCT’S LIMITED WARRANTY IS LIMITED TO THOSE PROFILE COMPONENTS OF THE PRODUCTS (EXCLUDING THE FACTORY-APPLIED EXTERIOR COATING). THE FACTORY-APPLIED EXTERIOR COATING OF THE PRODUCTS IS COVERED BY THE FOLLOWING LIMITED WARRANTY:
Vinyl – 10 Year Residential Applications; 3 Year
Subject to the limitations and exclusions set forth in the Limited Warranty and this Rider, the Simonton factory-applied exterior coating on the Products is warranted against peeling, flaking, chipping, blistering and corrosion, and for significant ultraviolet fading or discoloration (greater than 5 Delta E units, as described below) caused by natural environmental conditions, from the date of Product purchase for a period of 10 years for the original resident purchaser/ property owner (3 years for Commercial Applications as defined in the Limited Warranty) and is subject to the transferability limitations set forth in the Limited Warranty. If such defects occur, Simonton will, at its option, provide factory authorized repair at no charge, or provide replacement parts only at no charge (assembly and labor not included), or refund the purchase price of the product or component (the lesser of the original product or component purchase price or the original catalog list price). Repaired or replaced products or components are NOT guaranteed to match other windows or doors in the premises, due, in part, to the normal effects of weathering over time on paint finishes
2. WHAT THIS RIDER DOES NOT COVER AND WHEN THIS RIDER MAY BE VOID
This Rider does not include non-conformities or damage attributable to or arising from:
• ANY painting, staining, or other alteration of the factory-applied exterior surface of the Products
• Minor scratches or minor visual or mechanical imperfections within the Product’s standard manufacturing and quality specification parameters. For questions or to purchase a touch-up kit, contact 1-800-SIMONTON (1-800-746-6686)_
• Damage to the factory-applied exterior coating occurring after the Product leaves Simonton’s facility, whether arising during pre-installation handling or storage (including inadequate shelter or inadequate venting of shipping wrap in hot or humid locations), installation, maintenance, or otherwise
• Minor scoring or scratching of the factory-applied exterior coating surface due to normal operation of the Products is not considered a manufacturing defect
• Chemicals or solvents, including by example, acidic brick washes, or stucco leach
• Maintenance inconsistent with the Care and Maintenance recommendations set forth in the Limited Warranty
• Harsh natural environmental conditions, including by example, from substantial exposure to sun, salt spray or airborne pollutants
• Excessive artificial temperature buildup or exposure, including by example but not limitation, occurring from the use of storm doors or windows or shutters under certain conditions
• Installation in locations or a manner that exceeds or deviates from product design standards and/or testing and certified performance specifications, and/or not in compliance with building codes
• Labor for removing, installing, or replacing Product or components or labor for other materials that are removed, reinstalled or refinished in conjunction with repairing or replacing the Product or component
• Fading, discoloration, or color change of the factory-applied color finish that equals or is less than five (5) E units, calculated in accordance with ASTM D2244, paragraph 6.2, effective on the date the Product is manufactured, and which covers less than a material portion or the exterior profile components of the Product. Color change will be measured on an exposed colored surface of the Product that has been cleaned of soils, and the corresponding values measured on the original or unexposed colored surface. Non-uniform fading or color change is a natural occurrence if the exterior surfaces of the Product are not equally exposed to the sun and other environmental conditions.
• Any event, action, condition, or situation stated in the Limited Warranty as limiting, restricting, or voiding the Limited Warranty
• Consequential, special, or indirect losses or damages of any kind, including without limitation, shipping/freight expenses to return the
Product or component to Seller
3. INTERACTION WITH STORMBREAKER PLUS®
Repaired or replaced Product (component) are warranted on the same terms as in the Product’s Limited Warranty and only for the remainder of the stated warranty period stated in the Limited Warranty as modified by this Rider, subject to the transferability provisions stated in the Limited Warranty. Seller reserves the right to discontinue or change the Products or components, including but not limited to, the right to discontinue manufacturing or offering a factory-applied exterior coating on Products and components. If the Product (component) is not available, Seller may select and provide a replacement Product (component) of equal quality and price.
FACTORY-APPLIED Exterior Coating
SIM2265 /0310 Publication No. 070501 Simonton Windows® and the stylized “S” are registered trademarks of Simonton Building Products, Inc. ©2010 Simonton Building Products, Inc. Printed in U.S.A.
FOR A COPY OF THE LIMITED WARRANTIES, OR TO VIEW A PICTURE OF ANY OF THE PRODUCTS OR COMPONENTS REFERRED TO IN THIS RIDER, contact an authorized Simonton Windows dealer, or contact Simonton Windows,
Inc., 5300 Briscoe Road, P.O. Box 1546 Parkersburg, WV 26102-1646 or at
1-800-SIMONTON (1-800-746-6686), or visit Simonton Windows’ worldwide website at www.simonton.com
4. EXCLUSIVE REMEDY, LIMITATION OF LIABILITY, AND
DISCLAIMER OF WARRANTIES
This Rider, read in conjunction with the Seller’s Product Limited Warranty, sets forth the warranty holder’s sole and exclusive remedy for the factory-applied exterior coating components non-conformity. In no case will Seller be liable to the Warranty Holder or any other person for any consequential, special, or indirect losses or damages of any kind. Without limiting the scope of the foregoing: THE LIMITED WARRANTY AND THIS RIDER ARE IN LIEU OF AND EXCLUDE ALL OTHER WARRANTIES NOT EXPRESSLY SET FORTH THEREIN, EXPRESSED OR IMPLIED BY OPERATION OF LAW OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TO THE EXTENT THAT ANY IMPLIED WARRANTIES MAY NONETHELESS EXIST BY OPERATION OF LAW, SUCH WARRANTIES ARE LIMITED TO THE DURATION PROVIDED BY LAW. SOME STATES/PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY. SELLER DOES NOT AUTHORIZE ANYONE TO CREATE FOR IT ANY OBLIGATION OR LIABILITY IN CONNECTION WITH PRODUCTS. THIS LIMITED WARRANTY PROVIDES SPECIFIC LEGAL RIGHTS BUT WARRANTY HOLDER MAY HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. IF THIS LIMITED WARRANTY IS DEEMED TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, IN NO EVENT WILL SELLER’S ENTIRE LIABILITY EXCEED THE LESSER OF THE PRODUCT’S OR THE NON-CONFORMING COMPONENT’S PURCHASE PRICE.
Claims under this Rider must be initiated promptly following the warranty holder’s earliest awareness of a potential issue for which recovery arises under this Rider, in accordance with the Claims procedure set forth in the Limited Warranty, and in all cases initiated during the Rider warranty period indicated above. To obtain help under this Rider, the warranty holder should contact Simonton Windows, Inc., 5300 Briscoe Road, P.O. Box 1546 Parkersburg, WV 26102-1646 or at 1-800-SIMONTON or 1-800-746-6686, or visit Simonton Windows’ worldwide website at www.simonton.com