Limited Product Warranty
Seller warrants that the Products delivered pursuant to this Agreement shall be freefrom defects in material and workmanship for a period of twelve (12) months after the date of delivery to Customer (the “Limited Warranty Period”). Products shall not be considered defective so long as they fall within the finished panel specifications set forth in the table below. In order for any Product to be considered defective, it must fall outside the ranges shown.
Length .................................................................................................+/-1/8"
Width ...................................................................................................+/-1/8"
Diagonal Squareness ...................................................................+/-3/16"
Thickness ...........................................................................................+/-1/8"
Skin to Skin Squareness Ends and Sides ..................................+/-1/8"
2x Pocket Depth .............................................................................+/-1/16"
Block Spline Pocket Depth ......................................................-1/16" +0"
Limitation on Limited Product Warranty
The foregoing warranty shall not be valid if the Products or any component parts have been subjected to abuse, misuse, accident, alteration, neglect, or unauthorized repair. The fore going warranty is also contingent upon the proper use and installation of the Products and expires immediately upon the modification, or enhancement of the Products, including any of the hardware, subsystems, or components, by anyone without the express written consent of Seller.
Discovery & Notice
Customer shall notify Seller within fifteen (15) days of Customer’s discovery of any defect in material or workmanship, and Seller will provide a Return Authorization (“RM”) number prior to Customer returning the Products. Seller shall make its best efforts to provide an RM number within thirty (30) days of its receipt of a notice of defective product from Customer. All defective Products must be returned to Seller no more than ninety (90)days after the expiration of the Warranty Period in order to be eligible for the limited warranty provided herein.
Returns
Customer shall forward any defective Products to Seller, freight prepaid by Customer, and Seller will use its best efforts to return the repaired or replaced Products, freight prepaid by Seller, to Customer within ninety (90) days from the date Seller receives the defective Products. Seller shall make the final determination as to the existence or cause of any alleged defect or any other matters with respect to the applicability of Limited Product Warranty.
LIMITED LIABILITY
EXCEPT AS SET FORTH BELOW, THIS LIMITED WARRANTY IS THE EXCLUSIVE WARRANTY PROVIDED BY SELLER. SELLER MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND THERE IS EXPRESSLY EXCLUDED ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER’S SOLE REMEDY SHALL BE REPAIR OR REPLACEMENT OF ANY DEFECTIVE PRODUCTS AND/OR COMPONENTS.
Lamination and Thermal R-Value Limited Warranties
In addition to the Limited Product Warranty, Seller warrants the lamination performance and the thermal R-value of the Products for a period of twenty-one (21) years after the date of delivery to Customer (the “Lamination and Thermal Performance Warranty Period”). Seller warrants that the Products will maintain their required lamination adherence for the Lamination and Thermal Performance Warranty. Seller further warrants that the EPS insulation used as the panel core will maintain the minimum R-value indicated in the ESR-1962 standard for TYPE I EPS for the Lamination and Thermal Performance Warranty Period. All EPS panel cores will bear the UL ER16529-01 certification mark and the Atlas ESR-162 Type I Standard. The R values of these cores shall comply with the minimum R value indicated within a reasonable experimental error following the ESR-1962 procedures.
Limitations on Lamination and Thermal R-Value Limited Warranties
The Lamination and Thermal R-Value Limited Warranties are contingent upon the proper use and installation of the Products and Product components at the Project site. The occurrence of any of the following events shall void the Lamination and Thermal R-Value Limited Warranties: (a) improper installation of the Products or any Product components; (b) damage to the Products cause by natural disasters, including but not limited to lightning, fire, insects, pests, earthquakes, tornadoes, and/or hurricanes; (c)damage to the Products caused by intentional or negligent acts, accidents, misuse, abuse, vandalism, civil disobedience, or the like; (d) exposure of the Products to acids, oils, coal, tar, pitch, petroleum-based solvents or distillates, harmful chemicals and the like; (e) the deterioration or failure of the Project components, including, but not limited to, the roof, roof substrate, walls or damage; (f) exposure of the Products to excessive moisture; (g) exposure of the Products to excessive heat; (h) the Project’s heating, ventilation and air conditioning system was incorrectly designed and/or installed; and/or (i) failure to properly maintain the Products.
Returns
Customer shall forward any defective Products to Seller, freight prepaid by Customer, and Seller will use its best efforts to return the repaired or replaced Products, freight prepaid by Seller, to Customer within ninety (90) days from the date Seller receives the defective Products. Seller shall make the final determination as to the existence or cause of any alleged defect or any other matters with respect to the applicability of the Lamination and Thermal R-Value Limited Warranties.
LIMITED LIABILITY
CUSTOMER’S SOLE REMEDY FOR PRODUCTS COVERED BY THE LAMINATION AND THERMAL R-VALUE LIMITED WARRANTIES SHALL BE REPAIR OR REPLACEMENT OF ANY PRODUCTS AND/OR COMPONENTS.