MARTIN INDUSTRIES WARRANTY
SCHEDULE C
MANUFACTURER’S PRODUCT WARRANTIES INFORMATION
AND
VENDOR’S INSTALLATION WARRANTY
1. Manufacturer’s Product Warranty
1.1 Vendor does not provide any warranties on any products or parts. Such warranties are provided by the manufacturers of those products and parts and vary depending on the manufacturer and the product or part. Details pertaining to these warranties shall be provided by Vendor upon Purchaser’s request.
1.2 All warranty claims for any products or parts shall be made directly to the Vendor who shall apply to the manufacturer on behalf of the Purchaser. Purchaser understands and agrees that it may not contact the manufacturer directly and shall process all such claims with the Vendor. For purposes of all product warranty claims, Purchaser shall contact Vendor at:
Les Industries Martin (1990) Inc.
8178 Montview
Montreal, H4P 2L7
Quebec, Canada
Tel: (514) 486-4635
Fax: (514) 486-7080
E-mail: info@martinindustries.ca
1.3 The items described hereunder have the following limited warranties:
1.3.1 Screen mesh tears are only covered for a period of twenty-four (24) hours following the installation of the screen mesh.
1.3.2 Any non-standard or customized item (ie. custom glass, items exceeding standard sizes, etc.) are subject to limited warranties. Details pertaining to these warranties shall be provided by Vendor upon Purchaser’s request.
1.3.3 Low profile sills are not covered against air or water infiltration.
1.3.4 No warranty coverage exists for air or water infiltration through any mail slots.
1.3.5 The following products do not contain any warranty: Granite sills, any of Purchaser’s existing items which have been re-used or re-installed by Vendor.
2.0 Vendor’s Standard Five (5) Year Installation Warranty
2.1 Vendor’s Installation warranty extends for a period of five years from the time of completion of the installation of the Products and shall cover only those defects which prevent the functional use of the Products, specifically, any defect which prevents the doors or windows from opening, closing or locking in accordance with the manufacturer’s specifications.
2.2 The seller’s five-year warranty will apply to any replacement of defective seals (silicone caulking). It is the responsibility of the buyer to check the condition of the caulking joints around the doors and windows and to advise the seller as soon as possible of any infiltration problem.
2.3 Any further services in virtue of any warranties provided by Vendor following the initial installation does not extend the duration of the warranties past their original termination dates.
2.4 Vendor’s Installation Warranty Does Not Include the Following Items:
2.4.1 Exterior Stucco or Interior Plaster or Gyproc cracking around the perimeter of the window following the removal of Purchaser’s existing windows and mouldings;
2.4.2 Condition of Purchaser’s existing mouldings if re-used;
2.4.5 Condition of Purchaser’s existing sashes/shutters if re-used;
2.4.6 Condition or function of any of Purchaser’s existing hardware if re-used;
2.4.7 Any additional labor costs for the installation of products or parts which require repair or replacement under the manufacturer’s warranty;
2.4.8 Minor frost/condensation on interior of glass or along weatherstrip seals during excessive winter weather conditions;
2.4.9 Any damages due to non-existing lintels/angle iron etc.;
2.5 Acts Which Render Vendor’s Installation Warranty Void
The following shall have the effect of rendering Vendor’s Installation Warranty under the present Section null and void:
2.5.1 Any window/door or hardware that has been modified by the client renders all warranties on the modified items void;
2.5.2 Use of security film by a third party voids all glass warranties;
2.5.3 The installation of storm doors outside of steel doors voids all warranties on those products;
2.5.4 Vendor’s warranty does not cover any damages caused by Purchaser’s failure to perform standard maintenance on the Products, which includes, without limitation, periodic and regular cleaning, caulking, staining and painting (when applicable) of the Products. It is Purchaser’s obligation to inform itself of the type of maintenance required. Failure to perform standard maintenance on the Products may render both Vendor’s Installation Warranty in virtue of the present Section 2 and the Manufacturer’s Product Warranty in virtue of Section 1 null and void.
2.5.5 Any uncured defaults on any payments owing hereunder to Vendor renders Vendor’s Installation Warranty null and void.
3. No representative of Vendor shall have the authority to modify or expand any warranty contained in the present Agreement and any purported modification to any warranty shall be of no force or effect.
4. The warranties provided are made only to the Purchaser hereunder and may not be assigned to any third parties.
SCHEDULE D
VENDOR’S GENERAL EXCLUSIONS/LIMITATION ON LIABILITY
Other General Exclusions / Limitation on Liability
1. Vendor will have no liability for damages or defects to the Products or installation due to:
1.1 Accident or negligence in handling the Products by anyone other than Vendor or its employees or authorized contractors;
1.2 Accident or negligence in use, or improper use or operation of the Products (including but not limited to, guillotines not raised for tilting, removal of casement sashes, etc.);
1.3 Modifications or attachments to the Products not authorized by Vendor;
1.4 Force majeure such as, without limitation, fire, earthquake, storms, acts of nature, explosion, vandalism, or any similar occurrence, orders of acts of military or civil authority or national emergencies or any cause beyond Vendor’s control;
1.5 Variance or inconsistency in the coloration and grain pattern of natural wood parts, products or components;
1.6 Damage occurring prior to installation while the Products are being stored on Purchaser’s site prior to installation;
1.7 Settlement or shifting of the land or building structure or structural defect in the building in which the Products or components have been installed;
1.8 Pre-existing conditions in the building or structure in which the Products have been installed, i.e: dry-rot, cracked stucco, existing leaks, leaking siding, or weather damage;
1.9 Washing Products with pressure washer;
1.10Normal wear and tear, weathering or corrosion of surfaces or hardware.
2. Vendor’s Installation Warranty as set out in Schedule C herein sets forth the maximum liability of Vendor in relation to the present Agreement. In no event shall Vendor be liable for any other damages, personal injury, loss of profits, loss of use, incidental, consequential or punitive damages, regardless of the nature of the claim and whether or not occasioned by Vendor’s negligence. In no event shall the liability of Vendor exceed the Installation Price as set out in the present Agreement.
