Warranty

Double-Lifetime Warranty Simonton Windows
®
B. Certain Environmental Conditions
This Limited Warranty does not guarantee safety for persons or
property, nor make a premises hurricane-proof or impact-proof.
Follow weather and news reports in order to assess severe weather
situations and obey local authorities’ shelter and evacuation orders.
This Limited Warranty does not cover damage attributable to or caused
by acts of nature that include, but are not limited to stresses, high winds,
floods, fire and other conditions that exceed Product designs that are test
evaluated and certified as referenced in Simonton’s published literature.
CERTIFICATION APPROVAL, RATING, AND REFERENCES TO OTHER
PERFORMANCE STANDARDS MEAN THAT THE PRODUCT MEETS THE
ESTABLISHED SPECIFICATION PARAMETERS OF THE CERTIFICATION
PROCESS OR STANDARD TESTING AT THE TIME THE PRODUCT IS
MANUFACUTURED. However, with exposure over time to environmental
conditions, including by example, high wind events and other forces of
nature, the Product will be subjected to normal and abnormal wear and its
performance capability may change. Consult local building code laws, and
the certification and rating agencies’ published materials and websites, for
guidelines on the standards necessary to meet all regulations and codes
in your area. Product features designed to help address pressurization
of a building during high-wind or other severe storm events are not a
guarantee against water and air infiltration. Simonton is not responsible
for claims or damages caused by water or air infiltration or improper
installation. PRODUCT SELECTION IS THE SOLE RESPONSIBILITY OF THE
WARRANTY HOLDER.
C. Damage From Failure to Inspect Product Following
Each High-Wind or Impact Event
Product that is subject to any high wind event or the possibility of having
been impacted by wind-borne debris should be promptly inspected by
the Warranty Holder or by a building professional if the Warranty Holder
cannot perform this inspection themselves or if there is concern about
Product damage. Proper care and maintenance of the Product is the
responsibility of the Warranty Holder and failure to do so may void the
Limited Warranty. Although a Product may appear to be in good working
condition, the effects of such an event(s) may have adversely affected
the ability of the Product to provide subsequent protection against
another such event.
This Limited Warranty’s Exclusive Remedy
If the Product or any components fail to meet this Limited Warranty,
Simonton’s sole obligation is, to either (as Simonton elects): a) repair
the component (aesthetic matching not guaranteed); or b) provide
replacement component(s) to the Warranty Holder or to Simonton’s
designated dealer (aesthetic matching not guaranteed); or c) refund the
Warranty Holder’s purchase price (the lesser of the original Product/
component purchase price or the original catalog list price). Repaired
or replaced components are warranted only on the same terms and
for the remainder of the Warranty Period. Simonton reserves the right
to discontinue or change any Product. If the Product or component is
not available, Simonton may select and provide a replacement Product
or component of equal quality and price. This is the Warranty Holder’s
sole and exclusive remedy for the Product under this Limited Warranty.
By example but not limitation, this Limited Warranty does not cover the
following costs and expenses: (1) except as expressly set forth in this
Limited Warranty, labor for removing, reinstalling, refinishing Product
(or other materials that are removed, reinstalled or refinished to repair or
replace the Product); (2) shipping/freight expenses to return the Product
to Simonton; (3) normal maintenance; or (4) consequential, special, or
indirect losses or damages of any kind.
Disclaimer of Warranties
THIS LIMITED WARRANTY IS IN LIEU OF AND EXCLUDES ALL OTHER
WARRANTIES NOT EXPRESSLY SET FORTH HEREIN, 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. SIMONTON DOES
NOT AUTHORIZE ANYONE TO CREATE FOR IT ANY OBLIGATION OR
LIABILITY IN CONNECTION WITH PRODUCTS.
Limitation of Liability
SIMONTON’S SOLE LIABILITY UNDER THIS LIMITED WARRANTY IS
REPLACEMENT, REPAIR, OR REFUND OF THE PURCHASE PRICE AS
SET FORTH ABOVE. IN NO EVENT WILL SIMONTON BE LIABLE FOR
INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE
DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGE OF ANY KIND TO A
PREMISES, LOSS OF PRODUCT USE, REINSTALLATION, LABOR, REMOVAL,
REFINISHING (EXCEPT TO THE EXTENT EXPRESSLY PROVIDED IN THIS
LIMITED WARRANTY), TEMPORARY OR PERMANENT RELOCATION OF
RESIDENTS OR PROPERTY, LOSS OF PROFITS/REVENUE, INTEREST, LOST
GOODWILL, WORK STOPPAGE, IMPAIRMENT OF OTHER GOODS OR WORK,
INCREASED OPERATING EXPENSES, EMOTIONAL DISTRESS CLAIMS, OR
CLAIMS OF THIRD PARTIES 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 DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY.
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 SIMONTON’S
ENTIRE LIABILITY EXCEED THE LESSER OF THE PRODUCT’S OR THE NON-
CONFORMING COMPONENT’S PURCHASE PRICE.