Warranty Guide

Limited Warranty
Fiber Glass
Building Insulation
Johns Manville
P.O. Box 5108
Denver, CO 80217-5108
What is Warranted
All Fiber Glass Building Insulation
(“FGBI”) products sold are subject to
the following limited warranty: the FGBI
is manufactured in all material respects
to Seller’s product specifications; and
Seller warrants that for a period of one
year from the date of shipment the product
will be free from defects in material and
workmanship. Note: Seller’s products
may vary in details of design and
construction from descriptions in
any literature or from any sample,
display or other model inspected by
Purchaser.
SELLER DISCLAIMS ALL OTHER
REPRESENTATIONS AND
WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, IN FACT OR
IN LAW, INCLUDING, WITHOUT
LIMITATION, THE IMPLIED WARRANTY
OF MERCHANTABILITY AND THE
IMPLIED WARRANTY OF FITNESS
FOR A PARTICULAR PURPOSE.
Every claim under this limited warranty
shall be deemed waived unless in writing
and received by Seller within 10 days of
delivery if visibly damaged or defective,
and otherwise within 30 days after the
defect to which each claim relates
is discovered, or should have been
discovered, but in no event longer
than one year after product shipment.
Some states do not allow limitation
of an implied warranty, so the above
limitation may not fully apply to you.
Any damage to the FGBI is not a result
of a defect in its manufacture and,
therefore, is not covered by this warranty
and/or constitutes a waiver of this
warranty and any remedy. Such damage
includes, without limitation: accident;
misuse; abuse; and/or failure to care for
the FGBI as recommended in the
product data sheet.
Legal Rights and Remedies
This warranty gives you specific legal
rights and remedies. You may also have
other rights that vary from state to state.
Purchaser’s exclusive remedy and the
limit of seller’s liability for breach of the
limited warranty set forth above, whether
any such breach is based on negligence,
breach of contract or warranty, strict
liability, or any other theory, shall be, at
seller’s option, the repair, replacement
with a like quantity of nondefective
product or refund of the purchase price,
plus reasonable shipping charges
incurred by Seller for approved returns.
Seller shall not be liable for any
consequential or special damages
based on negligence, breach of
contract or warranty, strict liability,
or any other theory, for failure to
perform its obligations under this
agreement and limited warranty.
Additionally, consequential and special
damages shall not be recoverable
even if the repair, replacement or
refund remedy for seller’s breach of
its limited warranty fails of its essential
purpose or for any other reason.
Some states do not allow the exclusion
or limitation of incidental or consequential
damages, so the above exclusion
or limitation may not fully apply to you.
In such states, Seller’s liability shall be
limited to the maximum extent permitted
by applicable law. The consideration for
the limitation of Johns Manville’s liability
as stated herein is the original purchase
price Purchaser paid for the FGBI.
How to Make a Claim
To require Johns Manville to perform
any obligation under this warranty, you
must, within ten (10) days of discovery
of the alleged defect to which the claim
relates, and at your own expense, send
written notification of such defect, by
certified mail, to the nearest Johns
Manville Insulation Group Sales Office
or Johns Manville Headquarters.
This notice must include a general
description of the alleged defect.
Failure to notify Johns Manville in this
manner shall be deemed a waiver of
any claim for any purported defect.
Within (30) days after written notice of
the alleged defect has been received by
Johns Manville, a Johns Manville
representative will investigate the claim.
You must allow a Johns Manville
representative to reasonably investigate
the alleged defect and provide that
representative adequate samples of the
FGBI from the structure to which it is
affixed for testing by Johns Manville as
part of the claim investigation.
Upon being permitted such opportunity
to investigate, Johns Manville will then
promptly perform any obligation
imposed by this limited warranty as a
result of such investigation.
Johns Manville will not be liable for any
actions or expenditures Purchaser may
incur prior to written acknowledgement
from Johns Manville that it assumes
responsibility for the alleged defect.
HIG-267 03/04
© 2004 Johns Manville