Warranty

LIMITED LIFETIME MATERIAL AND LABOR WARRANTY
Metals Building Products (hereinafter referred to as “Metals”) warrants that
lattice, patio cover, carport and awning components (hereinafter referred to
as the “Products”) manufactured by Metals will not peel, blister, flake, chip,
split, rust or crack, subject to the limitations and conditions listed herein,
for the life of the original retail purchaser (steel Products are not warranted
against rust and the term “crack” as used herein shall not include minute frac-
turing of the Products which may occur in proper fabrication of the Products).
This limited lifetime warranty (hereinafter referred to as “Warranty”) com-
mences on the completed construction date of the Products on the original
purchaser’s property. This Warranty remains in effect for as long as the
owner(s) of the property to which the Products were originally applied [the
“Original Property Owner(s)”] continues to live in and/or own the property. In
the event that there is more than one Original Property Owner, this Warranty
will remain in effect as long as one of the Original Property Owners is living in
and/or owns the property.
This Warranty is TRANSFERABLE by the Original Property Owner(s) to a sub-
sequent owner(s) of the Products during the first ten (10) years of Warranty
coverage. In the event of transfer of this warranty, the warranty period shall
be ten (10) years from the date of the original installation of the Products and
shall only apply to manufacturing defects in the Products.
NOTICE AND INSPECTION
If you suspect or notice manufacturing defect(s) in your Metals product,
notify Metals in writing of the claimed defect(s) within 30 days of discovery
of said defect(s), at the following address, 6450 Caballero Blvd., Buena Park,
CA, 90620, Attention Warranty Services. This written notification must include
a description of the defect(s) (to the best of your ability), the exact address of
the installed Products, plus the work order number, date, and name/address/
phone of the contractor who installed the Products. As Metals must have a
reasonable opportunity to inspect the Products to confirm the defect(s), do
not begin any repairs prior to said inspection. Any repairs or attempted repair
made before inspection by Metals may void the terms of this warranty.
REMEDIES AND PRORATIONS
If, after inspection by Metals, it is determined that said defect(s) is covered by
this warranty, Metals shall have one hundred twenty (120) days to deliver to
you refinished, repaired or new Products to remedy the defective Products
as follows:
1) During the first three (3) years of the warranty period, the Products, at
Metal’s option, will be refinished, repaired or replaced to remedy any defect
at no cost to you.
2) During years four (4) through ten (10) of the warranty period, the Products,
at Metal’s option, will be refinished, repaired or replaced to remedy any defect
at no cost to you other than labor and shipping.
3) From the eleventh year through the remaining lifetime of the warranty
period, any defective Product, at Metals’ option, will be refinished, repaired or
replaced, at a cost to the original buyer of 50% of the current wholesale cost of
the defective Product(s). Labor and shipping charges will be the responsibil-
ity of the Original Property Owner or proper transferee, as the case may be.
This shall be the exclusive remedy for any such defect. Metals, in any event,
shall not be liable for any shipping, labor (except during the first three years
of the warranty period), removal or installation costs to remedy the defective
products. All replacement material is furnished F.O.B. at our nearest Service
Center.
EXCLUSIONS AND LIMITATIONS
This warranty is strictly limited to the Products outlined herein and shall
only apply to products manufactured by Metals. Metals does not control the
installation of its products and cannot be held responsible for consequential
damages caused by misapplication or improper installation, or for damage
done to the product by you or by third parties, by unreasonable use, by the
installer, or by failure to provide necessary and proper maintenance. Defects
in installation are warranted, if at all, by the installers and/or the manufactur-
ers of related equipment used in the installation.
This warranty shall not be valid or enforceable unless it is registered with
Metals within thirty (30) days after completion of the original installation of
the product covered hereby and on the registration form attached hereto.
If any statement on the registration from shall be false, if any claimed defect
shall be false, or if the registration form does not contain the true signature of
the property owner, this warranty shall not be valid or enforceable.
Repaired, refinished, restored or replaced Products supplied by Metals to
correct the defect(s) will only be warranted for the unexpired portion of the
original warranty and shall not be deemed to have been warranted from the
date warranty work was performed or completed. Fading or chalking of any
painted finish, as well as defects caused by condensation on skylights located
above hot tubs, spas or pools are excluded from this warranty. Normal weath-
ering and aging of existing Products will preclude a perfect color-match of
repaired, refinished, restored or replaced Products.
Metals reserves the right to discontinue and make changes in any of its
Products. In the event that Products covered by this warranty are not
available, Metals shall have the right to substitute Products, that at Metals’
discretion, are of comparable grade, quality or price. At no time does this war-
ranty confer on the homeowner the right to repairs, refinishing, restoration or
replacement, without written notice and agreement by a duly authorized rep-
resentative of Metals. Any such work undertaken by the homeowner shall be
for its own account and may result in this warranty becoming null and void.
This limited warranty only applies to Products erected within the United
States, Canada and Mexico, which have been exposed to normal weather and
atmospheric conditions. It does not apply to any failure or defects caused as
a result of acts of God, war, fire, other accidents or casualty, vandalism, radia-
tion, falling objects, external forces, explosions, riots, civil commotion, harm-
ful fumes, cement and foreign substances in the atmosphere, blowing sand,
dust particles, hail storm, salt spray due to proximity to the seacoast, chemical
spray in the community where the Products are installed, and damage as a
result of walking over the products.
Metals is providing this limited lifetime warranty under the provisions of the
Magnuson-Moss Federal Warranty Act; Metals can not and shall not be liable
to you for breach of any other written or oral express warranties, such as
those, if any, given by sales representatives, dealers, contractors, or installers
of Metals Products. This instrument covers any and all warranted agreements,
express or implied, between Metals and the original retail purchaser of the
Metals Products. No other person is authorized to offer any other warranty, or
assume any other liabilities on behalf of Metals.
ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
PURPOSE ARE LIMITED IN TIME TO THE DURATION OF THIS EXPRESS
WARRANTY. METALS SHALL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL
OR CONSEQUENTIAL DAMAGES FOR BREACH OF ANY EXPRESS, WRITTEN,
ORAL OR IMPLIED WARRANTY ON ITS PRODUCTS.
Your EXCLUSIVE REMEDY shall be repair, refinishing, restoration or replace-
ment only on the terms stated in this warranty; any claims do not extend the
duration of this warranty.
LEGAL RIGHTS
Some states do not allow limitations on how long an implied warranty lasts,
so the above limitation may not apply to you. Some states 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 may vary, from state
to state.
Metals Building Products LIMITED LIFETIME WARRANTY REGISTRATION CERTIFICATE
Please complete and return this certificate within thirty (30) days of completion of your installation. I hereby certify that I am the original retail purchaser of the installation described on this certificate, that it has been supplied as ordered, has been properly installed, and functions satisfactorily. Name of Purchaser (printed) _____________________________________________________________ Signature of Purchaser _________________________________________________________________ Street Address/City/State (where installed) _________________________________________________ Specific Location on Premises (where installed) _____________________________________________ Description of Product Installed __________________________________________________________ Dealer’s Name ________________________________________________________________________ Dealer’s Address/City/State ______________________________________________________________ Installation Completion Date ______________________ Work Order or Invoice # __________________ Metals Building Products Representative’s Signature _________________________________________
QUESTIONNAIRE This information will not be sold or distributed to any other organization. 1. How long have you lived in your current home? ____ Less than 2 years ____ 2-4 years ____ 5-10 years ____ more than 10 years 2. Have you purchased Metals Building Products products in the past? ____ Yes ____ No 3. What is your age? ____ 20-29 ____ 30-39 ____ 40-49 ____50-59 ____ 60+ 4. What is your combined household income? ___ $20-39K ___ $40-59K ___ $60-79K ___$80-99K ___ $100K 5. Where did you first see or hear about this product? _________________________________________________________