Limitations of Remedies. The remedy provided for in this Warranty is the sole and exclusive remedy with respect to NBP Product, whether arising out of contract, tort or otherwise, and in no event shall NBP’s liability exceed the original purchase price of the affected Product. THIS WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES AND NBP MAKES NO WARRANTIES OR REPRESENTATIONS OTHER THAN THOSE CONTAINED IN THIS WARRANTY. ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY WITH RESPECT TO MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, laws do not allow the disclaimer of implied warranties or exclusion of incidental and consequential damages, so these disclaimers or exclusions may not apply to you. This Warranty gives you specific legal rights, and you may have other rights which vary from state to state. If any specific term of this Warranty is prohibited by an applicable law, it shall be null and void, but the remainder of this Warranty shall remain in full force and effect. This warranty excludes Garden Bay and all architectural shaped windows manufactured by Ventana USA. In addition to any other limitations or exclusion in this Warranty, NBP shall have no obligation for product failure, damage or costs caused in whole or part by: • Condensation, mold or fungus on Products. This condition may occur as the natural result of humidity within the house or building caused by interior/exterior temperature differentials and does not indicate a manufacturing defect. • Water infiltration other than as a result of a defect in manufacturing. • Improper handling or storage, misuse, abuse, vandalism, neglect, lack of or improper maintenance, or natural aging of parts due to friction or the elements. • Accident, acts of God, fire, flood or atmospheric contaminants; application of heat causing excessive temperature differentials; or anything outside of NBP’s control. • Failure to follow NBP Care and Cleaning Instructions & General Information for upkeep of NBP product or maintenance inadequate for the existing application. This includes improper maintenance, such as use of brick wash, razor blades, sealants, sanding, power washer or other improper washing methods. • Damage caused by failure to properly seal and protect exposed wood surfaces of the Product against moisture. • Insects passing through or around the insect screen. • Exposure to conditions beyond published performance specifications. • Damage caused by handling or delivery by anyone other than NBP. • Glass breakage. • Normal wear and tear.
Appears in 4 contracts
Sources: Limited Warranty, Limited Warranty, Limited Warranty