Warranty

THE PRODUCT, WARRANTY HOLDER AND ITS
ARCHITECT, CONTRACTOR, AND/OR BUILDING
AGENTS SHOULD REVIEW SELLER’S PUBLISHED
PRODUCT SPECIFICATION (INCLUDING WITHOUT
LIMITATION THE PRODUCT MANUAL) AND
INFORMATION INDICATING WHICH PRODUCTS
ARE SUITABLE FOR INTERIOR AND/OR EXTERIOR
USE, AND WHETHER OR NOT THE PRODUCTS
ARE SUITABLE FOR, AND THE EXTENT OF,
LOAD BEARING CAPACITY, AND SELLER’S
INSTALLATION, USE AND MAINTENANCE
INSTRUCTIONS FOR THE PRODUCT. THIS
INFORMATION ACCOMPANIES THE PRODUCT
AND/OR IS AVAILABLE UPON REQUEST
FROM THE SELLER AND/OR IS AVAILABLE
ON SELLER’S WEBSITE WWW.FYPON.COM.
FAILURE TO FOLLOW THESE INSTRUCTIONS
AND INFORMATION WILL VOID THE PRODUCT’S
LIMITED WARRANTY.
e) SPECIAL ENVIRONMENTAL CONDITIONS
AND FIRE RESISTANCE ARE NOT
COVERED BY THE LIMITED WARRANTY
This Limited Warranty does not cover damage
attributable or caused by acts of God that include
but are not limited to, stresses, winds, debris and
other conditions that exceed design(s) as test
evaluated and referenced in Seller’s published
Product materials and installation. The Products
have not been specifically formulated for fire
resistance nor tested by any official independent
laboratory.
3. YOUR SOLE AND EXCLUSIVE REMEDY
UNDER THIS LIMITED WARRANTY
In the event of a non-conformity in workmanship or
materials in the Product or one or more components
of the Products as specified in this Limited Warranty,
the sole obligation of the Seller is, at its sole
option, to either: a) provide replacement Product
or component(s) to you or the Seller’s dealer you
designate (color matching not guaranteed); or b)
provide for repair of the Product or components(s)
(color matching not guaranteed); or c) refund the
purchase price of the Product or component(s) at
the time the Product or component(s) was installed
(the lesser of the original Product purchase price or
the original catalog list price). Repaired or replaced
Product or components are individually warranted
only under the same terms and for the remaining
balance of the Warranty Period applicable to that
Product or component(s) which is repaired or
replaced. THIS IS YOUR SOLE AND EXCLUSIVE
REMEDY UNDER THIS LIMITED WARRANTY. By way
of example but not limitation, the following costs
and expenses are not covered by the provisions
of this Limited Warranty: (i) labor costs for the
removal, reinstallation or refinishing of Products
(or of other building materials which must be
removed, reinstalled or refinished in order to
repair or replace the non-conforming Products); (ii)
shipping and freight expenses required to return
Products to Seller; (iii) normal maintenance; and
(iv) consequential, special, or indirect losses or
damages of any kind.
4. DISCLAIMER OF OTHER WARRANTIES
THE FOREGOING LIMITED WARRANTY IS IN LIEU
OF AND EXCLUDES ALL OTHER WARRANTIES
NOT EXPRESSLY SET FORTH HEREIN, WHETHER
EXPRESS 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, ANY SUCH
WARRANTIES ARE LIMITED TO THE DURATION
PROVIDED BY THAT LAW. SOME STATES/
PROVINCES DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, SO
THE ABOVE LIMITATIONS MAY NOT APPLY TO
YOU.
5. LIMITATION OF LIABILITY
SELLER’S SOLE LIABILITY UNDER THIS LIMITED
WARRANTY SHALL BE REPLACEMENT, REPAIR,
OR REFUND OF THE PURCHASE AS SET FORTH
ABOVE. IN NO EVENT, WILL SELLER OR ITS
AFFILIATES BE LIABLE FOR INCIDENTAL,
CONSEQUENTIAL, ECONOMIC, SPECIAL OR
PUNITIVE DAMAGES, INCLUDING, BUT NOT
LIMITED TO, DAMAGE OF ANY KIND TO A
RESIDENCE OR BUILDING, LABOR COSTS OF ANY
KIND, REMOVAL, REINSTALLATION, REFINISHING,
LOSS OF USE OF THE PRODUCTS, COSTS OF
TEMPORARY OR PERMANENT RELOCATION OF
PERSONS OR PROPERTY, LOSS OF PROFITS OR
REVENUE, INTEREST, LOST GOODWILL, WORK
STORAGE, IMPAIRMENT OF OTHER GOODS,
LOSS BY REASON OF SHUTDOWN, DOWNTIME,
OR NON-OPERATION, INCREASED EXPENSES OF
OPERATION, CLAIMS OF EMOTIONAL DISTRESS,
COST OF SUBSTITUTE EQUIPMENT, FACILITIES
OR SERVICES, OR CLAIMS OF WARRANTY
HOLDER’S CUSTOMERS 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/PROVINCES/
TERRITORIES 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
VARY FROM STATE TO STATE/PROVINCE TO
PROVINCE/TERRITORY TO TERRITORY.
EVEN IF THIS LIMITED WARRANTY IS DEEMED
TO HAVE FAILED OF ITS ESSENTIAL PURPOSE,
IN NO EVENT WILL SELLER’S ENTIRE LIABILITY
EXCEED THE PURCHASE PRICE OF THE PRODUCT
WARRANTED HEREUNDER, OR THE NON-
CONFORMING PORTION THEREOF, WHICHEVER
IS THE LESSER AMOUNT.
6. CLAIMS
Claims under this Limited Warranty must be
initiated during the Warranty Period. To initiate
a claim under this Limited Warranty, please
contact the builder or contractor who installed
the Product or the dealer who provided the
Product. In the event that the builder or
contractor or dealer is not known or can not
be contacted, please contact Seller’s Customer
Service department at 1-800-446-3040 or as
directed at www.fypon.com. Claimant will be
required to provide the necessary proof of home
or premises ownership and the date of purchase
of the Product and may be required to return the
Product or component to Seller (at Claimant’s
expense).
7. PRODUCT CHANGES
Seller reserves the right to discontinue or change
any Product it manufactures or sources. If the
Product or component of the Product originally
installed is not available and Seller elects to
provide a replacement, Seller shall have the right
to substitute such Product or component with a
Product or component designated by Seller, at
its sole option, to be of equal quality and price.
8. INTERNATIONAL SALES
Seller does not warrant that published Product
and technical information regarding Products is
consistent with applications, building customs,
or building standards outside of North America.
Seller’s customers outside of North America
should contact a local Product distributor or
Seller’s Sales Department – International Sales
for specific guidelines and questions regarding
Product warranty.
Corporate Headquarters
Fypon LLC / Therma-Tru Corp.
1750 Indian Wood Circle
Maumee, Ohio 43537
1-800-446-3040 · Fax [phone]
www.fypon.com • 2013
Fypon LLC Product Warranty
Lifetime Limited for Homeowners / 4-Year Commercial
Fypon LLC Product Warranty
TM