Warranty

Therm-O-Loc Windows, Inc., hereinafter “TOL”, warrants to the original consumer purchaser, that under normal use this product will be free from defects in material and workmanship for as long as the purchaser owns and lives in the single family residence, hereinafter, “Home”, in which the product was installed. The details of the warranty are as follows:

BASIC WINDOW – LIFETIME TRANSFERABLE
The rigid vinyl and factory-applied wood components of the window (not including factory installed jamb extensions), are warranted against chipping, cracking, peeling, pitting, blistering, warping, or delamination for as long as you own and live in the Home in which the product was originally installed. This warranty is transferable to one subsequent purchaser so long as TOL is provided with notice of the transfer within 30 days of the subsequent purchaser becoming owner.

PAINT – 10 YEAR
TOL further warrants the factory-applied paint on vinyl window components against cracking, pitting, peeling, blistering, or suffering from non-uniform fading discoloration (non-uniform fading discoloration resulting from unequal exposure of surfaces to the sun and elements is not covered by this warranty) and defects in material and workmanship for a period of ten (10) years from date of installation. TOL further warrants the factory-applied paint or stain finish on interior wood components against flaking, checking, blistering or peeling and defects in material and workmanship for a period of ten (10) years from date of installation. Damage to the paint or stain finish caused by condensation and normal wear are not covered.

WINDOW HARDWARE – 1 YEAR
TOL further warrants the moving parts, such as balances on double-hung windows and locking mechanisms, for a period of one (1) year as the original purchaser owns and lives in the Home in which the product was originally installed, if those parts are not free from defects in material and workmanship under conditions of normal use and wear.

INSULATED GLASS – 20 YEAR
TOL further warrants the insulated glass units in its vinyl windows against defects resulting in material obstruction of vision as the result of film formation between the interior glass surfaces caused by failure of the air-tight seal, for a period of twenty (20) years as long as the original purchaser owns and lives in the Home in which the product was originally installed. Small spots, marks, lint, and scratches not exceeding applicable glass manufacturing specifications imposed by Federal Specification 1036-90 will not constitute defects under this warranty.

GLASS BREAKAGE – 5 YEAR
TOL further warrants the insulated glass units in its vinyl windows against breakage if the glass in a warranty covered unit breaks as the result of a manufacturing defect.

SCREENS – 5 YEAR
Further, TOL will replace under normal conditions of use, for a period of five (5) years as long as the original purchaser owns and lives in the Home in which the product was originally installed; for manufacturing defects, if the fiberglass, aluminum, or stainless steel screening is not free from rotting, staining, or rusting. No warranty herein covers torn screen mesh caused by abnormal use, negligence, or other means not controlled by TOL.

NON-RESIDENTIAL AND MULTI-FAMILY APPLICATIONS
Where the structure in which the product is installed is not a single family residence occupied by the purchaser, or is owned by a public or private corporation for profit or non-profit, an unincorporated association or other business entity of any type recognized by law, a church, a school, a governmental or public authority, the time periods stated in this warranty shall be limited as follows: Basic Window – 5 Year (non-transferrable); Hardware – 1 Year; Insulated Glass – 10 Year (glass breakage not included); Screens – 1 Year; and Finishes – 5 Year.

WARRANTY CONDITIONS
No warranty herein covers natural weathering or fading of surfaces, torn screening, non-factory applied finishes (e.g. customer applied tints, films, or paint finishes), damages resulting from customer applied tints, films, or paint finishes, damages resulting from improper or negligent installation, abuse, negligence, abnormal or unreasonable use (including failure to provide reasonable and necessary maintenance), damage resulting from fire or lightning, windstorms, earthquakes, wind-borne objects, strain applied to the unit by movement of the building, inadequate provision for expansion or contraction of framing members, installation in ships or vehicles, installation outside the Continental United States, seal failure, if the seal has been subject to immersion in water, acts of God, or other causes beyond the control of TOL except as expressly warranted, whether similar or dissimilar to the foregoing.
Condensation on units may occur as the natural result of humidity within the house or building area. This natural result may come from changes in interior or exterior temperatures and does not indicate a defect in the unit. This warranty does not cover condensation, nor frost or freezing from condensation on the unit.
On some installations, caulking is used to seal the frames or trim packages against water or air penetration. Caulking is not considered a part of the window, and therefore, is not covered under this Warranty. Caulking is considered a maintenance responsibility of the purchaser.
The procedure for obtaining performance of the obligations of this warranty is as follows: if you believe your unit to be defective, contact the contractor for inspection. If the contractor determines the units or parts thereof to be defective, the manufacturer at its exclusive option will repair, provide a new product or part of a product after having determined that it does not conform to the limited warranties contained herein. The manufacturer reserves the right to discontinue or make changes in any of its products. If the products covered by this warranty are not available, the manufacturer shall have the right to substitute a product that is of equal quality or value. The manufacturer will ship the replacement product or part to the nearest authorized dealer and the purchaser must pay for any and all labor necessary to install such product or part and for the transportation from the nearest authorized dealer to his/her residence.
Any claim must be accompanied by a copy of the Warranty certificate and a copy of the contract evidencing purchase of the TOL products.
TOL SHALL NOT BE LIABLE TO PURCHASER FOR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, DAMAGES OR LOSS TO OTHER PROPERTY OR EQUIPMENT, LOSS OF USE, OR CLAIMS OF SERVICE INTERRUPTION, FOR BREACH OF ANY WRITTEN OR IMPLIED WARRANTIES ON ITS PRODUCT.
PURCHASER’S EXCLUSIVE REMEDY SHALL BE THE REPLACEMENT OF DEFECTIVE FINISH, COMPONENTS, OR PARTS, ALL AS PROVIDED HEREIN. IN ANY EVENT, THE LIABILITY OF TOL WITH RESPECT TO ANY CONTRACT, OR ANYTHING DONE IN CONNECTION THEREWITH SUCH AS THE PERFORMANCE OR BREACH THEREOF OR FROM THE MANUFACTURE, SALE, DELIVERY, RESALE, INSTALLATION, OR TECHNICAL DIRECTION OF INSTALLATION, REPAIR OR USE OF ANY WINDOW, COMPONENT OR PART COVERED BY OR FURNISHED UNDER THIS CONTRACT WHETHER IN CONTRACT, IN TORT, UNDER ANY WARRANTY, OR OTHERWISE, SHALL NOT, EXCEPT AS EXPRESSLY PROVIDED HEREIN, EXCEED THE PRICE OF THE WINDOW, PART OF COMPONENT ON WHICH SUCH LIABILITY IS BASED.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to purchaser in those states.
THIS WRITING CONTAINS THE ENTIRE AGREEMENT BETWEEN TOL AND PURCHASER. DEALERS, CONTRACTORS, APPLICATORS, OR DISTRIBUTORS OF TOL PRODUCTS HAVE NO AUTHORITY TO GIVE WARRANTIES ON TOL’ BEHALF, THAT ARE DIFFERENT FROM OR EXCEED THOSE LISTED HEREIN. PURCHASER SHOULD THEREFORE EXAMINE THIS LIMITED WARRANTY CAREFULLY.
ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE LIMITED TO THE TERMS HEREOF.
Some states do not allow limitations on how long an implied warranty lasts; so the above limitations may not apply to purchaser in those states.
This Lifetime Limited Warranty extends only to the windows which were originally installed in your Home or other structure as recorded on the warranty registration and shall not be valid or enforceable if you cannot prove that the windows were so installed. To establish a record of your purchase please register your warranty by completing and returning the warranty card via certified mail, return receipt requested to: Therm-O-Loc Windows, Inc., 124 S. Main Street, Mitchell, SD 57301.
Important Note: Failure to fill out the warranty registration form will not affect your rights under the warranty if you can show the date of purchase and the location the windows were installed in a reasonable way. (Your receipt of purchase and the receipt from the contractor who made the installation in your Home showing the address is one such way. Please keep them in a safe place.)
This warranty gives purchaser specific legal rights and he or she may also have other rights which vary from state to state.

DISPUTE RESOLUTION
If a dispute, claim, or controversy arises between TOL and its Purchaser, all parties agree to attempt to resolve the dispute, claim, or controversy through mediation. If mediation is unsuccessful, the parties hereby agree to submit the dispute, claim, or controversy to an arbiter and will engage in binding arbitration in accordance with the Uniform Arbitration Act. This shall be the sole option for dispute resolution. The costs of arbitration and mediation shall be split evenly between TOL and the Purchaser.
If the Purchaser files a lawsuit against TOL in any court, the Purchaser hereby agrees to PAY ALL OF TOL’ ATTORNEY FEES AND ALL COSTS ASSOCIATED WITH SUCH LITIGATION. Such fees and costs shall be tendered to an escrow account with counsel for TOL in the amount of the gross sum of the original contract. If the Purchaser files a lawsuit against TOL, the Purchaser waives his or her right to submit the claim to binding arbitration. PURCHASER HEREBY WAIVES THEIR RIGHT TO TRIAL BY JURY OR BY ANY COURT OF COMPETENT JURISDICTION ON ALL MATTERS ASSOCIATED WITH THE PRODUCTS PROVIDED AND/OR INSTALLED BY TOL.

This agreement shall be construed, governed, interpreted, and applied in accordance with the laws of the State of South Dakota, without regard to conflict of law principles. Any and all disputes shall be resolved in Hanson County, South Dakota. The parties agree that any and all actions filed in Federal Court must be filed in the Federal District Court of South Dakota, Sioux Falls Division.