Warranty

1. GENERAL

THE EXPRESS LIMITED WARRANTY STATED HEREIN IS EXCLUSIVE AND IS IN LIEU OF AND REPLACES ANY AND ALL OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, WHETHER WRITTEN, ORAL OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES, REPRESENTATIONS OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, STATUTORY OR OTHERWISE), AND SUPERSEDES ANY ORAL OR WRITTEN WARRANTIES, REPRESENTATIONS OR CONDITIONS MADE, ASSERTED OR IMPLIED BY ANY DISTRIBUTOR, AGENT, REPRESENTATIVE OR EMPLOYEE OR CONTAINED IN ANY MANUAL, BROCHURE, LITERATURE, ADVERTISING OR OTHER MATERIALS. NO DISTRIBUTOR, AGENT, REPRESENTATIVE OR EMPLOYEE HAS THE AUTHORITY TO CHANGE, ALTER, AMEND OR OTHERWISE MODIFY THIS LIMITED WARRANTY.

THIS LIMITED WARRANTY; THE COMPANY'S INSTRUCTIONS, IF ANY; AND THE INVOICE FOR THE PURCHASE OF THE PRODUCT CONSTITUTE THE COMPLETE AND EXCLUSIVE STATEMENT OF THE TERMS OF THE AGREEMENT BETWEEN THE COMPANY AND PURCHASER WITH RESPECT TO THE SUBJECT MATTER HEREOF AND SUPERSEDE ANY OTHER WRITING, DOCUMENT OR AGREEMENT. THIS LIMITED WARRANTY MAY NOT BE MODIFIED, INCLUDING PURSUANT TO ANY ORDER MADE BY PURCHASER OR IN ANY OTHER DOCUMENT, UNLESS SUCH MODIFICATION IS MADE IN WRITING AND EXECUTED ON BEHALF OF SELLER BY ITS PRESIDENT. THIS LIMITED WARRANTY IS EXTENDED TO THE PURCHASER OF THE PRODUCT ONLY AND ANY CLAIM HEREUNDER MAY BE MADE SOLELY BY THE PURCHASER. THIS LIMITED WARRANTY IS NOT TRANSFERABLE WITHOUT THE PRIOR WRITTEN CONSENT OF THE COMPANY, WHICH MAY BE WITHHELD ENTIRELY IN ITS DISCRETION, AND ANY ATTEMPTED ASSIGNMENT WITHOUT SUCH PRIOR WRITTEN CONSENT SHALL VOID THIS LIMITED WARRANTY.

PVC Windoors workmanship is warranted for a period of one (1) year from fabrication against manufacturing defects not resulting from mis-use, wrongly installed or abuse of products.

2. CLAIM IN writing - DELAY

All claims pursuant to this Limited Warranty must be presented in writing by the Purchaser of the Product (the “Purchaser”) to PVC Windoors Inc. 1815 N.E. 144 th Street, Miami FL 33181, within thirty (30) days of the Purchaser learning the facts upon which the claim is based. No warranty claim may be made after the passage of the applicable warranty period. Any legal action in respect of any claim under this Limited Warranty shall accrue on the date the Purchaser discovers or should have discovered with reasonable diligence the facts forming the basis for such claim.

3. REMEDIES

Upon validation by the Company of any Limited Warranty claim, the Company, at its sole option, shall either (a) furnish the Purchaser with a replacement Product or, if the Product is no longer made, a substitute product which, in the sole discretion of the Company, is comparable to the original Product, EXW the Plant, freight collect, or (b) refund the original purchase price which the Purchaser paid for the failed portion of the Product (less freight and other charges).

If the Company elects to supply a replacement or substitute product, the Limited Warranty on the replacement or substitute product shall extend only for the balance of the original Limited Warranty period of the failed Product. In no event shall the Company be responsible for any costs attendant to replacing nonconforming or defective Products (including, but not limited to, labor costs). At the Company's request, all defective Product which is replaced or substituted for pursuant to this Limited Warranty shall be returned to the Company, at the Purchaser's expense, within thirty (30) days after such replacement or substitution.

THE REMEDIES PROVIDED HEREIN AND IN THE COMPANY'S INVOICE FOR THE PRODUCTS CONSTITUTE THE PURCHASER'S SOLE AND EXCLUSIVE REMEDY UNDER ANY CLAIM OR THEORY OF LIABILITY IN RESPECT OF THE COMPANY'S MANUFACTURE, SALE OR PROVISION OF THE PRODUCT OR ANY WARRANTY IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED UPON FAILURE OF, OR DEFECT IN, THE PRODUCT, WHETHER A CLAIM, HOWEVER INSTITUTED, IS BASED UPON CONTRACT, INDEMNITY, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE AND/OR STRICT LIABILITY) OR OTHERWISE. THE COMPANY SHALL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR SPECIAL DAMAGES, CLAIMS OR COSTS OF ANY NATURE INCLUDING, WITHOUT LIMITATION, LABOR COSTS OF ANY KIND RELATING TO THE REMOVAL OF FAILED PRODUCTS AND/OR REINSTALLATION OF REPLACEMENT PRODUCTS THEREFORE, OR DAMAGES, CLAIMS OR COSTS OTHERWISE ARISING FROM, OR IN CONNECTION WITH, ALLEGED BREACH OF ANY LIMITED WARRANTY OR NEGLIGENCE ON THE PART OF THE COMPANY.

4. EXCLUSION

THE COMPANY SPECIFICALLY DISCLAIMS RESPONSIBILITY FOR ANY DAMAGE TO ANY PRODUCT CAUSED BY, OR WHICH RESULTS FROM, IMPROPER INSTALLATION, INCLUDING ANY INSTALLATION NOT PERFORMED IN A GOOD AND WORKMANLIKE MANNER IN ACCORDANCE WITH INDUSTRY STANDARDS. PROVIDED THAT, IN ADDITION, SUCH INSTALLATION SHALL BE PERFORMED AT ANY HIGHER STANDARDS AS SHALL BE SET FORTH IN ANY GLAZING OR INSTALLATION INSTRUCTIONS PROVIDED BY THE COMPANY; IMPROPER MAINTENANCE; STORAGE IN OTHER THAN A GOOD AND WORKMANLIKE MANNER; ABUSE; DAMAGE OR BREAKAGE CAUSED BY PERSONS OTHER THAN EMPLOYEES OR AGENTS OF THE COMPANY WHILE BEING HANDLED, INSTALLED, SHIPPED, GLAZED OR USED; DAMAGE OR BREAKAGE CAUSED BY IMPROPER BUILDING DESIGN OR CONSTRUCTION; THERMAL BREAKAGE; BUILDING OR FOUNDATION MOVEMENT; USE UPON THE PRODUCT OF ANY CLEANSING OR TREATING AGENTS; ATMOSPHERIC POLLUTANTS OR CONTAMINANTS, OR RUNOFF; LEACHATE FROM BUILDING COMPONENTS.

5. THIRD PARTY

If Purchaser is sued by any third party for Product failure under warranty or any other theory, Purchaser shall provide FLT Glass at its address above with written notice thereof with a copy of any and all pleadings served upon Purchaser within ten (10) days of such service and provide the Company with an opportunity to inspect the allegedly defective Product. Failure to comply with the foregoing shall void this Limited Warranty.

6. PERMISSIBLE VARIATIONS, STANDARDS AND TOLERANCES

Except for the particulars specified by Purchaser and expressly agreed to in writing by PVC Windoors, all Products shall be produced in accordance with PVC Windoors' standard practices. All Products, including goods produced to meet exact specifications, shall be subject to tolerances and variations (concerning dimension, weight, straightness, bow, warp, section, composition, and mechanical properties, normal variations in surface, internal conditions, and quality) consistent with custom and usage in PVC WINDOORS' industry. WITHOUT LIMITING THE GENERALITY OF THE PRESENT DISPOSITION, A VARIATION OF 1/8” IN WIDTH, length, HEIGHT OF ANY PRODUCT MANUFACTURED BY PVC WINDOORS CONSIDERED TO BE ACCEPTABLE.

7. DELAYS

All orders are accepted by PVC WINDOORS upon the express understanding by Purchaser THAT PVC WINDOORS shall not be liable for delays in delivery of the Products, all such shipping dates to be considered non-binding estimated shipping dates. Without limiting the foregoing, in no event shall PVC WINDOORS be liable for any delays caused by inability to obtain transportation, equipment, labor or material; insurrection, fires, floods, storms or embargoes; actions of any military or civil authorities, whether legal or de facto; strikes, lock outs and other labor difficulties; equipment outages; software, systems or computer related outages; power or other utility failures; other events which delay delivery; riots; acts of God; delay in delivery of specifications or additional specifications or changes in the specifications; or other circumstances beyond the control of PVC WINDOORS.

8. EXW – OUR FACTORY

Delivery of the Products by FLT to common carrier at the Plant shall constitute delivery of the Products to Purchaser. Therefore, all risk of loss, damage or destruction and any incidental or consequential damages attendant thereto shall be Purchaser's sole responsibility. The full amount of thE Invoice must be paid by Purchaser regardless of any such loss, damage, or destruction. ALL CLAIMS AND ALLOWANCES FOR DAMAGE TO THE PRODUCTS INCURRED IN TRANSIT MUST BE FILED AGAINST, AND BE PRESENTED TO, THE CARRIER BY PURCHASER. UNDER NO CIRCUMSTANCES MAY PURCHASER DEDUCT SUCH CLAIMS AND ALLOWANCES FROM AMOUNTS DUE TO PVC WINDOORS, IF ANY. Products sent by mail are insured at the cost of Purchaser.

9. CANCELLATION - CHANGES IN THE ORDER

No cancellation or change order shall be accepted by FLT once PRODUCT is cut or any activity has otherwise been undertaken by PVC WINDOORS to process THE PIRCHASER'S ORDER Pursuant to this Invoice. If changes are required increasing PRODUCT sizes, or orders are canceled, PVC WINDOORS shall determine charges based on salvage values and costs incurred for work done prior to the change order or cancellation order. In no event may Purchaser cancel all or any portion of any regularly entered order unless such cancellation is effected in writing and upon terms that will protect PVC WINDOORS against any and all costs and losses that PVC WINDOORS may suffer due to such cancellation, and Purchaser hereby affirmatively assumes responsibility for, and agrees to pay for, all such costs and losses. In no case will an order be considered canceled unless the purchaser received written confirmation from PVC WINDOORS that the order is canceled. 

10. ENGLISH LANGUAGE

IT IS THE EXPRESS WISH OF THE PARTIES THAT THIS LIMITED WARRANTY AND ANY RELATED DOCUMENTS BE DRAWN UP AND EXECUTED IN ENGLISH ONLY. THIS LIMITED WARRANTY AND ANY RELATED DOCUMENTS ARE IN THE ENGLISH LANGUAGE AND SHALL BE INTERPRETED IN ACCORDANCE WITH THE MEANINGS OF THE WORDS AND PHRASES USED HEREIN AS UNDERSTOOD IN THE STATE OF FLORIDA. 

11. GOVERNING LAWS AND VENUES

THIS LIMITED WARRANTY SHALL BE GOVERNED BY, AND CONSTRUED AND INTERPRETED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF FLORIDA, WITHOUT REGARD TO PRINCIPLES OF CONFLICTS OF LAWS . ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS LIMITED WARRANTY SHALL BE INSTITUTED IN ANY COURT SITTING IN DADE COUNTY IN THE STATE OF FLORIDA AND ANY OBJECTION WHICH MAY NOW OR HEREAFTER EXIST TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH SUIT, ACTION OR PROCEEDING IN COUNTY IS WAIVED. THE BRINGING OF ANY SUIT, ACTION OR PROCEEDING BY THE PURCHASER WHICH IS NOT IN COMPLIANCE WITH THE FOREGOING SHALL VOID THIS LIMITED WARRANTY.

12. THIRD PARTIES WARRANTY

To the extent assignable, the Company assigns to the Purchaser any warranty on the Product provided by third parties. These assigned warranties will generally be limited and subject to exclusions and exceptions. The Purchaser is advised to APPRISE itself of such limitations, exclusions and exceptions, and the Company shall have no obligation to so apprise the Purchaser. 

A. PVC Profiles

Unpainted PVC Profiles are warranted for lifetime to original owner by the manufacturer of said profile. Any alteration to the profile voids this warranty.

B. Glass

Glass is subject to the manufacturer's warranty.

C. Hardware

All operating hardware is warranted by manufacturer for a period of time varying for each manufacturer .