Warranty Guide

www.fypon.com Phone [phone] • 419.445.0116 U.S. and Canada Fax [phone] • 419.445.4440 U.S. and Canada
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All prices in U.S. Dollars. All prices, models and specifi cations subject to change without notice.
Master Price List
ARCHITECT, CONTRACTOR, AND/OR BUILDING
AGENTS SHOULD REVIEW SELLER’S PUBLISHED
PRODUCT SPECIFICATION (INCLUDING WITHOUT
LIMITATION THE PRODUCT MANUAL) AND
INFORMATION INDICATING WHICH PRODUCTS
ARE SUITABLE FOR INTERIOR AND/OR EXTERIOR
USE, AND WHETHER OR NOT THE PRODUCTS
ARE SUITABLE FOR, AND THE EXTENT OF,
LOAD BEARING CAPACITY, AND SELLER’S
INSTALLATION, USE AND MAINTENANCE
INSTRUCTIONS FOR THE PRODUCT. THIS
INFORMATION ACCOMPANIES THE PRODUCT
AND/OR IS AVAILABLE UPON REQUEST FROM
THE SELLER AND/OR IS AVAILABLE ON SELLER’S
WORLD WIDE WEB SITE WWW.FYPON.COM.
FAILURE TO FOLLOW THESE INSTRUCTIONS
AND INFORMATION WILL VOID THE PRODUCT’S
LIMITED WARRANTY.
e) SPECIAL ENVIRONMENTAL CONDITIONS
AND FIRE RESISTANCE ARE NOT
COVERED BY THE LIMITED WARRANTY
This Limited Warranty does not cover damage
attributable or caused by acts of God that include
but are not limited to, stresses, winds, debris and
other conditions that exceed design(s) as test
evaluated and referenced in Seller’s published
Product materials and installation. The Products
have not been specifi cally formulated for fi re
resistance nor tested by any offi cial independent
laboratory.
3. YOUR SOLE AND EXCLUSIVE REMEDY
UNDER THIS LIMITED WARRANTY
In the event of a non-conformity in workmanship
or materials in the Product or one or more
components of the Products as specifi ed in this
Limited Warranty, Seller sole obligation is, at its sole
option, to either: a) provide replacement Product
or component(s) to you or the Seller’s dealer you
designate (color matching not guaranteed); or b)
provide for repair of the Product or components(s)
(color matching not guaranteed); or c) refund the
purchase price of the Product or component(s)
at the time the Product or component(s) was
installed (the lesser of the original Product
purchase price or the original catalog list price).
Repaired or replaced Product or components are
individually warranted only under the same terms
and for the remaining balance of the Warranty
Period applicable to that Product or component(s)
which is repaired or replaced. THIS IS YOUR SOLE
AND EXCLUSIVE REMEDY UNDER THIS LIMITED
WARRANTY. By way of example but not limitation,
the following costs and expenses are not covered
by the provisions of this Limited Warranty: (i) labor
costs for the removal, reinstallation or refi nishing
of Products (or of other building materials which
must be removed, reinstalled or refi nished in order
to repair or replace the non-conforming Products);
(ii) shipping and freight expenses required to
return Products to Seller; (iii) normal maintenance;
and (iv) consequential, special, or indirect losses or
damages of any kind.
4. DISCLAIMER OF OTHER WARRANTIES
THE FOREGOING LIMITED WARRANTY IS IN LIEU
OF AND EXCLUDES ALL OTHER WARRANTIES
NOT EXPRESSLY SET FORTH HEREIN, WHETHER
EXPRESS 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, ANY SUCH
WARRANTIES ARE LIMITED TO THE DURATION
PROVIDED BY THAT LAW. SOME STATES/
PROVINCES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
5. LIMITATION OF LIABILITY
SELLER’S SOLE LIABILITY UNDER THIS LIMITED
WARRANTY SHALL BE REPLACEMENT, REPAIR,
OR REFUND OF THE PURCHASE AS SET FORTH
ABOVE. IN NO EVENT, WILL SELLER OR ITS
AFFILIATES BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, ECONOMIC, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGE OF ANY KIND TO A
RESIDENCE OR BUILDING, LABOR COSTS OF ANY
KIND, REMOVAL, REINSTALLATION, REFINISHING,
LOSS OF USE OF THE PRODUCTS, COSTS OF
TEMPORARY OR PERMANENT RELOCATION OF
PERSONS OR PROPERTY, LOSS OF PROFITS OR
REVENUE, INTEREST, LOST GOODWILL, WORK
STORAGE, IMPAIRMENT OF OTHER GOODS,
LOSS BY REASON OF SHUTDOWN, DOWNTIME,
OR NON-OPERATION, INCREASED EXPENSES OF
OPERATION, CLAIMS OF EMOTIONAL DISTRESS,
COST OF SUBSTITUTE EQUIPMENT, FACILITIES
OR SERVICES, OR CLAIMS OF WARRANTY
HOLDER’S CUSTOMERS FOR SUCH DAMAGES,
WHETHER BASED ON CONTRACT, WARRANTY,
TORT (INCLUDING, BUT NOT LIMITED TO, STRICT
LIABILITY OR NEGLIGENCE) OR OTHERWISE,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES/PROVINCES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATION OR EXCLUSION MAY
NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY
ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE.
EVEN IF THIS LIMITED WARRANTY IS DEEMED
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE,
IN NO EVENT WILL SELLER’S ENTIRE LIABILITY
EXCEED THE PURCHASE PRICE OF THE PRODUCT
WARRANTED HEREUNDER, OR THE NON-
CONFORMING PORTION THEREOF, WHICHEVER
IS THE LESSER AMOUNT.
6. CLAIMS
Claims under this Limited Warranty must
be initiated during the Warranty Period. To
initiate a claim under this Limited Warranty,
please contact the builder or contractor who
installed the Product or the dealer who provided
the Product. In the event that the builder or
contractor or dealer is not known or can not
be contacted, please contact Seller’s Customer
Service department at 1-800-446-3040 or
as directed at www.fypon.com. Claimant will
be required to provide the necessary proof of
home or premises ownership and the date of
purchase of the Product and may be required
to return the Product or component to Seller (at
Claimant’s expense).
7. PRODUCT CHANGES
Seller reserves the right to discontinue or change
any Product it manufactures or sources. If the
Product or component of the Product originally
installed is not available and Seller elects to
provide a replacement, Seller shall have the
right to substitute such Product or component
with a Product or component designated by
Seller, at its sole option, to be of equal quality
and price.
8. INTERNATIONAL SALES
Seller does not warrant that published Product
and technical information regarding Products is
consistent with applications, building customs,
or building standards outside of North America.
Seller’s customers outside of North America
should contact a local Product distributor or
Seller’s Sales Department – International Sales
for specifi c guidelines and questions regarding
Product warranty.
Corporate Headquarters
Fypon, Ltd.
960 West Barre Rd.
Archbold, OH 43502
1-800-446-3040 · Fax [phone]
www.fypon.com