STANDARD LIMITED WARRANTY This Standard Limited Warranty is given by ASSA ABLOY Fenestration, LLC (“Seller”) to the original purchaser of a Covered Product. Covered Product is exclusively defined as a standard (non-custom) product in one of the categories listed in the table below that is sold directly by Seller.
Standard Limited Warranty against Defects in Materials and Workmanship: Seller will at its sole option, where the Seller in its exclusive judgement determines the Covered Product to be defective in material or workmanship within the applicable Standard Limited Warranty Period defined below:
(a) repair the Covered Product;
(b) make available free of charge a replacement for, the Covered Product; or
(c) refund the cost of the Covered Product.
Where Seller elects under this Limited Warranty to make available a replacement for a Covered Product due to a defect, Seller reserves the right to substitute a generally equivalent or superior product (in terms of performance and features) if the relevant Covered Product being replaced has been discontinued.
In no case shall the cost of any repair or replacement product be required to exceed the original value of the Covered Product.
Disclaimer of all Other Warranties: EXCEPT AS EXPRESSLY SET FORTH IN THIS STANDARD LIMITED WARRANTY OR BY OTHER WARRANTY AGREEMENTS MADE EXCLUSIVELY BY SELLER TO PURCHASER IN WRITING, NO OTHER WARRANTIES ARE MADE BY SELLER AND, TO THE FULLEST EXTENT PERMISSIBLE UNDER LAW, SELLER HEREBY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
Standard Limited Warranty Periods:
| Product Category | Limited Warranty Period (a)(b)(c) |
| Caldwell Brand Constant Force Window Balances | 10 years |
| Caldwell Brand Block & Tackle Window Balances | 10 years |
| Caldwell Brand Ultra-Lift Extreme Window Balances | 10 years |
| Caldwell Brand Ultra-Lift Window Balances | 5 years |
| All Other Caldwell Brand Products | 5 years ** |
| Interlock Brand Products | 10 years ** |
| Electro-mechanical Products | 1 year |
* Under no circumstances shall the Standard Limited Warranty Period extend beyond the applicable warranty period provided by the manufacturer of the window, door or other product in which the Covered Product is installed or contained. Where that warranty period is less than the applicable period shown in the table above, that lesser warranty period shall be the applicable Standard Limited Warranty Period.
** Plated finishes carry no warranty, as they will deteriorate over time, particularly in coastal environments.
Exclusions to Standard Limited Warranty:
This Standard Limited Warranty
does not cover any labor costs or expenses of any party, incurred in connection with the repair of, or shipping to the relevant customer or installation of any replacement for, a defective Covered Product supplied under the terms of this Standard Limited Warranty. Seller is also not responsible under this Standard Limited Warranty for any costs or expenses related to the inspection or removal, of any defective Covered Products.
This Limited Warranty does not cover any claimed defects that Seller in its exclusive judgment considers to be in the nature of, caused by or resulting from any of the following in relation to the Covered Product:
• Incorrect use or application.
• Poor design standards and out of tolerance specifications of the product or system containing the Covered Product.
• Normal wear and tear.
• Discoloration due to normal wear and tear and naturally occurring changes to finishes including painting, powder coating and plating.
• Improper or deficient installation or maintenance.
• Modification, alteration, repair or other change by any party other than Seller.
• Improper use, abuse, misuse or neglect.
• Damage incurred during handling or shipping by parties other than Seller.
• Settlement or movement, or faulty design or construction, of the building or other structure into which the Covered Products are installed. Acts of God, including without limitation fire, hurricane, hail, flood, lightning, earthquake or other extreme weather events or conditions.
• Exposure to excessive heat, cold or moisture, or harmful chemicals or substances, including without limitation those found in cleaning products, salt water, acid rain, alkaline or other air pollutants or corrosive materials.
• Failure to reasonably maintain the product, including in accordance with any maintenance or other guidelines, recommendations or requirements supplied, communicated or made available on its website by the Seller in respect of the product. In this context, reasonable maintenance includes but is not limited to regular cleaning of tracks on moving doors and removal of any obstructive build up or debris on doors and windows.
Limitations of Liability:
In no event shall Seller be responsible for (i) any indirect, consequential, incidental, punitive or special damages (including without limitation damages for lost profits, loss of use, business interruption or for the procurement of
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substitute products), even if Seller has been advised of the potential for such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, (ii) any damage to the building or structure in which the Covered Products are installed or to any surrounding or component products or surfaces resulting from Seller’s repair or replacement of any defective Covered Product, unless caused by Seller’s gross negligence or intentional misconduct, (iii) any damages in excess of the aggregate amount of monies paid by the original purchaser for the applicable defective Covered Product, or (iv) any remedy other than the repair or replacement, at Seller’s sole discretion, of the defective Covered Product. THE PURCHASER ACKNOWLEDGES AND AGREES THAT THE PROVISIONS OF THIS STANDARD LIMITED WARRANTY CONSTITUTE THE SOLE AND EXCLUSIVE REMEDY AVAILABLE TO IT WITH REGARD TO ANY DEFECTIVE COVERED PRODUCTS.
Other Terms and Conditions:
This Standard Limited Warranty is not transferable or assignable by the original purchaser of the Covered Product(s), and any attempted transfer or assignment shall be null, void and ineffective. This Standard Limited Warranty shall be governed by and interpreted in accordance with the laws of the State of New York. If any provision of this Standard Limited Warranty is held invalid by any law or regulation of any government or by any court, such invalidity shall not affect the enforceability of the remaining provisions in this Standard Limited Warranty. No representative, dealer or any other party is authorized to make any warranty, representation or promise with respect to the Covered Products, and no agreement or understanding purporting to modify this Standard Limited Warranty shall be binding on Seller unless made in writing and signed by a duly authorized officer of Seller.
Standard Limited Warranty Claims:
In order to make a valid claim under this Standard Limited Warranty, the original purchaser of the allegedly defective Covered Product must provide written notice of the defective condition to ASSA ABLOY Fenestration, P.O. Box 92891, Rochester, New York, 14692 or via email to fenestration@assaabloy.com. The written notice must be received by Seller prior to the expiration of the Standard Limited Warranty Period and must be accompanied by a copy of this Standard Limited Warranty. The following information must be submitted with the warranty claim: name and address of claimant, email address, phone number, part number, purchase order transaction including date of purchase, quantity, description of alleged failure (alleged specification not met or alleged defect). Seller will contact the original purchaser within ten (10) business days of its receipt of a claim hereunder and samples of alleged defective product will be required for evaluation and review under the warranty terms noted in this document. A return tracking number, ship to location and contact will be provided and must be used for any return (which will be at the expense of the claimant).
Note that all limitations of liability and other terms in this Standard Limited Warranty apply to the extent permitted by law.
Where the applicable law of a relevant jurisdiction in the context of a claim under this Standard Limited Warranty does not permit any exclusion or limitation of liability set out in this Standard Limited Warranty (such as of incidental or consequential damages) the
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Standard Limited Warranty shall be read as if the terms that would otherwise apply that exclusion or limitation of liability are removed.
Note that this Standard Limited Warranty provides the original purchaser of a Covered Product with specific legal rights, and that purchaser may also have other rights under applicable laws (which vary from State to State). To the extent additional or conflicting rights under those applicable laws cannot be excluded by these terms, those additional or conflicting rights continue to apply.