WARRANTY INFORMATION LIMITED WARRANTY STANDING BEHIND OUR PRODUCTS IMPORTANT NOTICE: Read this entire Monarch Materials Group, Inc. (“Monarch”) Limited Warranty and Limitation of Liability (“Limited Warranty”) before purchasing or installing this product. Refer to the Monarch Installation Guides and Maintenance Information (available at www.monmatgrp.com) for the required installation and maintenance of your Monarch products. By installing or using this product, you are acknowledging that this Limited Warranty is part of the terms of sale. If you do not accept this Limited Warranty, Monarch will accept the return of your unused products for a period of thirty days after the invoice date. Products must be returned unused and in the original packaging with all accompanying parts, accessories, documentation and media. Monarch will at its sole discretion determine whether or not a product has been used. After 30 days from the invoice date, your acceptance of this Limited Warranty is implied.
This Limited Warranty applies to all Monarch products, and the original purchase price of all Monarch products is reflective of the limitations and terms set forth herein. Monarch makes the following exclusive, express Limited Warranties for Monarch products installed within the United States and Canada, subject to the stated conditions, limitations and disclaimers.
DEFINITIONS APPLICABLE TO THIS LIMITED WARRANTY
For purposes of this Limited Warranty, “Original Purchaser” shall mean the original individual or entity owner of the real property on which the Monarch product was originally installed or used, but does not include Commercial Purchasers. For purposes of this Limited Warranty, “Commercial Purchasers” shall mean the original individual or entity owner of the real property on which the Monarch product was originally installed or used in commercial properties or retail properties, including but not limited to schools, churches, apartment complexes, multi-family residential buildings, government-owned buildings and office buildings.
For purposes of this Limited Warranty, “Lifetime” of the product shall mean the length of time the product is owned and used under normal and reasonable conditions by the Original Purchaser or Commercial Purchaser.
2. RESERVATION OF RIGHTS
Monarch reserves the right to discontinue any of its products or components covered by this Limited Warranty. Any discontinued parts or components may be replaced with an equivalent part at the sole discretion of Monarch. Monarch is not responsible for any color variation in the replacement part or component. Monarch reserves the right to inspect any and all claimed defects on-site where the product is installed. On-site inspections may result in reasonable service charges if no limited warranty coverage of the Monarch product is found.
3. LIMITED WARRANTIES FOR SPECIFIED MONARCH PRODUCTS
Vinyl Windows. Lifetime Limited Warranty. Subject to the stated conditions and disclaimers set forth below, Monarch warrants to the Original Purchaser that its Vinyl Windows products shall be free of manufacturing defects in material or workmanship with respect to peeling, flaking, blistering, corrosion and rotting that significantly impair their proper operation and function of the product for the Lifetime of the product. If Monarch is given notice of a defect in materials or workmanship occurring within the Lifetime of the product, Monarch shall, at its sole option: (1) repair or replace the defective part(s) or product(s) or (2) refund the original purchase price. This Limited Warranty on Vinyl Windows products does not cover the cost of shipping for the repaired or replacement part(s) or product(s) or labor to: (1) remove and dispose of the defective part(s) or product(s) or (2) install the repaired or replacement part(s) or product(s). Window Wells, Window Well Extensions, Frames, Vents, Window Well Covers and Ladders. Ten-Year (10-Year) Limited Warranty.
Subject to the stated conditions and disclaimers set forth below and excluding Vinyl Windows as outlined above, Monarch warrants to the Original Purchaser that all Monarch products, including its Window Wells, Window Well Extensions, Frames, Vents, Window Wells Covers, and Ladders, shall be free of manufacturing defects in material or workmanship that significantly impair their proper operation and function of the product for ten (10) years from the date Monarch ships said product to Seller, Original Purchaser or Commercial Purchaser. If Monarch is given notice of a defect in materials or workmanship occurring within ten (10) years from the date of shipment by Monarch, Monarch shall, at its sole option: (1) repair or replace the defective part(s) or product(s) or (2) refund the original purchase price. This Limited Warranty does not cover the cost of shipping for the repaired or replacement part(s) or product(s) or labor to: (1) remove and dispose of the defective part(s) or product(s) or (2) install the repaired or replacement part(s) or product(s).
All Monarch Products purchased by Commercial Purchasers. Non-Transferable One-Year (1-Year) Limited Warranty. Subject to the stated conditions and disclaimers set forth below, Monarch warrants to Commercial Purchasers that all Monarch products shall be free of manufacturing defects in material or workmanship that significantly impair their proper operation and function of the product for one (1) year from the date of manufacture by Monarch. If Monarch is given notice of a defect in materials or workmanship occurring within one (1) year from the date of manufacture by Monarch, Monarch shall, at its sole option: (1) repair or replace the defective part(s) or product(s) or (2) refund the original purchase price. This Limited Warranty on all Monarch products does not cover the cost of shipping for the repaired or replacement part(s) or product(s) or labor to: (1) remove and dispose of the defective part(s) or product(s) or (2) install the repaired or replacement part(s) or product(s). CONDITIONS APPLICABLE TO ALL SALES OF MONARCH PRODUCTS AND LIMITED WARRANTIES
4. LIMITATIONS OF LIMITED WARRANTY
FAILURE TO COMPLY WITH MONARCH INSTALLATION AND MAINTENANCE INSTRUCTIONS VOIDS ALL WARRANTIES UNLESS IT IS CLEARLY ESTABLISHED BY THE BUYER OR USER OF THE PRODUCT THAT THE DEFECT OR FAILURE IS UNRELATED TO SUCH NONCOMPLIANCE. This Limited Warranty does not extend to the use of Monarch Products under abnormal conditions, conditions that exceed the stated performance parameters of the product as provided on the product labeling and under conditions not reasonably foreseeable to, or beyond the control of, Monarch. Original Purchaser and Commercial Purchaser assume all risk of any such use. This Limited Warranty is the exclusive warranty for Monarch Products. NEITHER MONARCH NOR SELLER MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THOSE STATED IN THIS LIMITED WARRANTY. This disclaimer of implied warranties may be limited or ineffective if you are a consumer, as that term is defined by the Magnuson Moss Act, 15 U.S.C. § 2301, in which case the duration of any implied warranties shall be two years from the date of sale by Monarch or its authorized dealer. Some states do not allow limitations on how long an implied warranty lasts for consumers, so the above limitation may not apply to you, in which event the manner of presenting any claim thereon shall be the same as provided in the express warranties stated herein. This Limited Warranty gives you specific legal rights, and you may have additional rights, which vary from state to state.
5. LIMITATION OF LIABILITY
This Limited Warranty sets forth the maximum liability for our products. IN NO EVENT (INCLUDING WHERE THIS LIMITED WARRANTY IS DEEMED NOT TO APPLY TO THE SALE OR PRODUCT IN QUESTION) SHALL MONARCH OR SELLER BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE SALE, INSTALLATION OR USE OF ANY MONARCH PRODUCTS. Some states do not allow the exclusion or limitation of incidental or consequential damages for consumers, so the above limitation or exclusion may not apply to you.
6. LIMITATION OF REMEDY
THE EXCLUSIVE REMEDY OF THE ORIGINAL PURCHASER OR COMMERCIAL PURCHASER, AND THE SOLE LIABILITY OF MONARCH AND SELLER FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE SALE, INSTALLATION OR USE OF THE MONARCH PRODUCTS, SHALL BE, AT THE OPTION OF MONARCH, THE REPAIR OR REPLACEMENT OF THE PRODUCT OR THE RETURN OF THE ORIGINAL PURCHASE PRICE OF THE PRODUCT, AS PROVIDED HEREIN. IN NO EVENT SHALL THE LIABILITY OF MONARCH OR SELLER EXCEED THE PRICE PAID FOR THE PRODUCT. Replacement products shall be a reasonably similar current product and may not exactly match the original. Even where Monarch chooses to repair or replace product within the stated Limited Warranty period, the costs covered by this warranty do not include shipping or freight for the repaired or replacement part(s) or product(s), any labor or material costs associated with removing the defective product, installing the replaced product or finishing space surrounding or adjacent to the repaired or replaced product. Replacement product provided pursuant to this Limited Warranty shall be subject to the applicable Monarch product Limited Warranty only for the remainder of the original warranty period on the product being replaced. If Monarch or Seller provides any of the remedies identified in the Limited Warranty above (i.e. repair, replacement of product or refund of the purchase price), then Original Purchaser or Commercial Purchaser agrees that this limitation of remedy shall not have failed of its essential purpose. 7. DISCLAIMER — WHAT THE LIMITED WARRANTY DOES NOT COVER
This Limited Warranty covers only defects in material or workmanship of Monarch products. Monarch is not responsible for or makes no warranty, limited, implied or otherwise, as to product failure, loss or damage due to or resulting from: •Normal wear and tear. •Improper storage, handling, installation, use, alteration, modification or maintenance. •Failure to perform reasonable and necessary maintenance. •Accident, misuse, abuse, alterations, improper handling, operation or cleaning. •Accidents, including accidental glass breakage. •Improperly installed security or alarm systems. •Acts of God, fire, flood, earthquake or other natural causes. •Exposure to excessive heat and/or cold beyond naturally occurring conditions. •Improper removal of any permanent warning or identification labels or markings on the product. •Rusting or corrosion of non-vinyl products or components due to the close proximity to coastal areas, caused by electrical conductivity, abnormal soil conditions unique to the installation locale or electrically charged rebar. •Yellowing of, rusting of and condensation inside the polycarbonate of window well cover products. •Inappropriate or unintended use or uses of the product. •Minor blemishes in glass. •Color variation or variations of the glass. •Glass breakage for any cause or reason. •Application of after-market window films to glass surfaces. •Stress arising from glass surface temperature differentials or caused by building settlement or movement. •Structural settlement, movement or vibration. •Condensation on external surfaces of the steel frame, window and/or glass which may occur as the natural result of humidity and interior/external temperature differentials. •The gradual, natural migration of inert gas infill used in insulated glass products. •Loss of energy efficiency resulting from migration of inert gas infill. •Non-factory repairs or modifications performed by anyone other than Seller (or one of its subcontractors). •Normal wear, fading or discoloration from product usage, age or exposure to direct sunlight. •Acid rain or other corrosive elements. •Damage caused by inappropriate finishes, solvents, brickwash or cleaning chemicals. •Products subjected to conditions outside product design limitations. •Products with modifications that are not approved by Monarch. •Products that have not been paid for in full. •The installation of any window without a window well around the window or a window installed with a window well in which the top of the window frame placement is eight (8) inches or higher above grade level. •Damage resulting in whole or in part from installation inconsistent with Monarch installation instructions. •Altered or reinstalled products.
The Limited Warranty is transferable by the Original Purchaser to one subsequent owner. To transfer the Limited Warranty, the Original Purchaser must notify Monarch of the transfer of ownership of the real property within thirty (30) days after the transfer of ownership. Such a transfer does not extend the warranty period of the Limited Warranty for any products. Upon a transfer, the Vinyl Window Lifetime Limited Warranty automatically becomes a Ten-Year (10-Year) Limited Warranty which begins from the date of manufacture by Monarch. Transfer requests under these Limited Warranties must be made in writing to Monarch, P.O. Box 250, Adel, Iowa 50003, or by email to the following address: firstname.lastname@example.org. Transfer requests to Monarch must include the following information: •Original Purchaser’s name, address and phone number and the installation address (if different); •Subsequent owner’s name, address and phone number •A description of the product, purchase price, and the date and location of purchase, and copies of invoices; •Product information for the Monarch product label; and •A certified or cashier’s check in the amount of $30.
9. PROMPT NOTICE OF CLAIM Within the applicable limited warranty period, Buyer or User shall notify Monarch immediately, and in no case more than one (1) year, after any defect or other basis of a claim covered by this Limited Warranty is discovered or should have been discovered. Any claims otherwise covered by the foregoing warranties, but for which Monarch did not receive notice within one (1) year from the time the problem first became known, shall be barred. In all circumstances, the notice of claim must fall within: (1) the Lifetime Limited Warranty period for Vinyl Windows, (2) the Ten-Year Limited Warranty period for all other Monarch Products, or (3) for Commercial Purchasers, the One-Year Limited Warranty period.
10. LIMITED WARRANTY CLAIM PROCEDURE
Claims under these Limited Warranties must be made in writing to Monarch, P.O. Box 250, Adel, Iowa 50003, or by email to the following address: email@example.com. Limited Warranty claims to Monarch must include the following information: •Claimant’s name, address and phone number and the installation address (if different); •A description of the product, purchase price, and the date and location of purchase, and copies of invoices; •Product information from the Monarch product label; •A description of the product concerns (photos may be included); and •A brief summary of attempts made to address the concerns.
11. ALLOCATION OF RISKS OF MONARCH PRODUCT PERFORMANCE
Because all construction must anticipate some water infiltration, it is important that the wall system be designed and constructed to properly manage moisture. Monarch is not responsible for claims or damages caused by anticipated or unanticipated water infiltration; deficiencies in building design, construction and maintenance; failure to install Monarch products in accordance with Monarch Installation Instructions; or the use of Monarch products in barrier wall systems, which do not allow for proper management of moisture within the wall system. The determination of the suitability of all building components, including the use of Monarch products, as well as the design and installation of flashing and sealing systems, is the responsibility of the Original Purchaser or Commercial Purchaser, the architect, contractor, installer or other construction professional and is not the responsibility of Monarch. All risks related to building design and construction, or the maintenance, installation and use of Monarch products shall be assumed by Original Purchaser or Commercial Purchaser.
12. ENTIRE AGREEMENT
With the exception of a written statement signed by an authorized Monarch representative, this Limited Warranty and all the terms contained herein constitutes the entire agreement between Monarch/ Seller and Buyer/User. This Limited Warranty, including all Limitations of Liability contained herein, are made a part of any such written agreement, unless expressly excluded therein. By purchasing or using the product covered by this Limited Warranty, Buyer and User agree that they are not relying on any oral statements made by anyone that are in any way contrary to this Limited Warranty.
13. NO AMENDMENT EXCEPT IN WRITING
Monarch and Seller offers this product, and Original Purchaser or Commercial Purchaser accepts it, subject to the foregoing Limited Warranty. NO REPRESENTATIVE OF MONARCH OR ITS DISTRIBUTORS OR DEALERS IS AUTHORIZED TO MAKE ANY CHANGE OR MODIFICATION TO THIS WARRANTY.
It is the responsibility of the owner, architect and/or builder to select products that comply with applicable laws and building codes and that are appropriate for the application and use.
Read the Monarch Installation Guides and Maintenance Information for the required installation and maintenance of your Monarch products. All Monarch Owner’s Manuals are available on www.monmatgrp.com.
14. NO STATEMENT OF USEFUL LIFE This Limited Warranty is not a statement of the useful life of any Monarch products. Effective July 31, 2017