‍Supersedes all Previous Warranties

The warranty provided herein is the sole warranty provided by The Metal Window, a California corporation (TMW) on all TMW materials, goods and products, and supersedes all other or previous warranties of any kind. Subject to the following qualifications and exceptions, and TMW’s standard Terms and Conditions, which are made part hereof, TMW provides a LIMITED FIVE (5) YEAR WARRANTY (Warranty) on all TMW products from the date of original purchase, as follows:

A.SEALED INSULATED GLASS UNITS (IGU) / SINGLE GLASS: TMW warrants that IGU shall be free from defects in material and workmanship and that IGU will be manufactured from glass that shall meet the requirements of the current version of ASTM C 1036, ANSI Z97.1, ASTM C1048, 16 CFR 1201 and ASTM E 774-1988 Level C or higher (as appropriate). TMW further warrants that IGU will seal against failure resulting in material obstruction of vision through the IGU due to the accumulation of dust or moisture, on the internal glass surfaces; provided, however, said Warranty is subject to the following exceptions and qualifications (for which said Warranty shall not apply):

1.) Seal failure due to (i) Glass breakage, (ii) IGU used or installed in high moisture environments (swimming pool enclosures, greenhouses, refrigeration units, shower areas, etc.), (iii) IGU installed in high-vibration environments (mobile units, water craft, airport sites, etc.), (iv) IGU which have been improperly handled or stored, (v) IGU which have been installed, by others, with incompatible sealant materials, and/or (vi) IGU with applied films added to any surface of the glass after shipment and/or installation.

2.) TMW does not provide any warranty on IGU that do not fully comply with all of the following IGU requirements and specifications (which should be carefully reviewed by Customer): (i) the inboard lite of glass on a standard IGU must be clear, a translucent/sandblasted or obscure; (ii) tinted, Low-e, reflective or laminated IGU may require heat treatment to avoid thermal stress breakage; (iii) reflective glass IGU with a coating on the #2 surface (counting from exterior, #1, to interior of unit) MUST be heat strengthened on sunny elevations; and (iv) outboard tinted glass MUST be heat strengthened when the inboard glass is low-E on sunny elevations.

3.) All gas-filled IGU units supplied by TMW (regardless of type of gas) are warranted to have the airspace filled to a minimum of 80% with the required gas (the balance to be air) at the time of purchase. TMW makes no warranty that the gas will remain in the airspace for ANY length of time. All IGU supplied by TMW that are shipped through high elevations (3,000 feet or higher) must be equipped with a breather tube. IGU units with breather tubes cannot be gas-filled. Any breather tube IGU that is exposed to moisture prior to installation will not be covered by this Warranty. The Customer is solely responsible for closing and properly crimping all breather tubes prior to, or during, installation.

4.) TMW is not responsible for, and provides no warranty covering, breakage due to thermal stress. By way of example, breakage caused by the glass absorption of heat and the resultant expansion and contraction is not covered by the Warranty.

5.) The specific requirements for safety glass are the responsibility of the Customer.

6.) TMW will not be held to glass quality standards higher than published Federal Specifications for allowable variances.

B.APPLIED FINISHES: All painted or anodized finishes on materials and hardware that are supplied by TMW carry the limited five (5) year Warranty from the date of original purchase. TMW warrants that within said five year warranty period, under normal atmospheric and operating conditions, the finish will not peel, crack, nor chip beyond acceptable trade tolerances. Class II anodized finishes are NOT recommended within 5 miles of the ocean. TMW has no control over the location in which TMW products are installed. Locations with salt or chemical air pollution, adverse atmospheric conditions and abnormal or high use operating conditions, can have an extremely detrimental affect on the applied finish, seriously reducing the quality and life expectancy of the finish or color. The warranty provided herein does not extend to nor cover damage to the finish occasioned by any of the following: moisture, condensation, salt or chemical or other contamination or corrosion, adverse atmospheric conditions, abnormal operating conditions, damage during shipment, improper storage, handling during installation, lack of regular maintenance, or other factors beyond the control of TMW. Unpainted or non-anodized frames or hardware are NOT warranted against corrosion or other degradation of the material surfaces.

C.HARDWARE: Window and door hardware is warranted to perform the function for which each such item was installed during any warranty period offered by the hardware manufacturer (if any). NOTE: all hardware manufactured by third parties shall contain a pass-through warranty from the hardware manufacturer only (i.e., TMW does not offer any warranty for such hardware other than what the hardware manufacturer offers). If it is deemed that any problem with the hardware is legitimately covered by any such warranty, then TMW will supply replacement hardware parts only, FOB Inglewood, California (no labor costs are included ). The Warranty provided by TMW herein for hardware is limited to: window and door lock and latch mechanisms, hinges, roto gears and pivot-shoe roto gears. Special order hardware is supplied with the original manufacturer’s warranty (if any), and no other TMW Warranty applies. Any warranty regarding hardware finishes are addressed under “Applied Finishes” above. TMW strongly recommends that regular cleaning and maintenance be performed on all frames and hardware.

D.SCREEN MESH: TMW warrants that screen mesh shall be free from visible variations of the mesh pattern, tears, or manufacturing defects and variations in color or discoloration beyond commercial tolerance. This screen mesh Warranty shall not extend to, and therefore does not cover, (i) damage caused by handling or installation, (ii) damage caused by conditions other than normal architectural and atmospheric conditions, (iii) damage caused by insects, (iv) damage caused by corrosive materials, or (v) fading due to normal atmospheric conditions. Insect screens are intended to provide reasonable insect control only. Screens are not for the purpose of providing security or to provide a safety barrier for the retention of objects or persons from the interior.

E.GENERAL:

1.)TMW’S SOLE LIABILITY AND THE CLAIMANT’S SOLE AND EXCLUSIVE REMEDY FOR BREACH OF THE ABOVE WARRANTIES SHALL BE LIMITED TO, AT TMW’S OPTION, (i) THE REPLACEMENT OF THE DAMAGED OR DEFECTIVE MATERIALS, F.O.B. INGLEWOOD, CALIFORNIA, OR (ii) THE ISSUANCE OF A REFUND IN AN AMOUNT NOT TO EXCEED THE ORIGINAL PURCHASE PRICE OF THE MATERIALS OR PRODUCTS.

2.)All claims pursuant to this Warranty must be made in writing and sent by registered mail, postage prepaid, return receipt requested, to The Metal Window, 501 South Isis Ave., Inglewood, CA 90301.

3.)This Warranty is extended only to the original purchaser of the covered item (materials, products, or otherwise) and is NOT transferable.

4.)Pursuant to the terms of this Warranty and the Terms and Conditions that are made part hereof, damaged or defective materials/products which are covered by this Warranty and which are returned to the factory (freight prepaid) within the Warranty period, will be repaired or replaced at the discretion of TMW, free of charge. The repaired or replacement materials/products shall be returned to the Customer (i.e., claimant) F.O.B Inglewood, California, “Freight Collect” to be paid by Customer.

5.)Reimbursement for labor and/or other costs involved with the removal of the damaged or defective materials and the installation of the replacement materials is specifically excluded from this Warranty. Under no circumstances will any on-site repairs or replacements be made or paid for by TMW.

6.)The above Warranty does NOT include materials, goods or products that have been abused, misused, installed in a manner contrary to the TMW published installation instructions, not used for the purpose intended, or that have been damaged during shipment by a common carrier or after acceptance of a delivery.

7.)Except as may otherwise be provided in this Warranty, or in the Terms and Conditions, in no event shall TMW have liability for or accept direct, indirect, special incidental charges or consequential or liquidated damages or back or other charges relating to any Warranty claims or repairs conducted in connection therewith. This Warranty does not apply to products or materials which are not paid in full.

8.)EXCEPT AS SET FORTH HEREIN AND IN THE TERMS AND CONDITIONS MADE PART HEREOF, TMW MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, INCLUDING AND IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE.

9.)All TMW materials or products which are installed contrary to the published installation instructions do NOT carry a warranty. Customer understands that TMW recommends only licensed glazing contractors (C-17), in good standing with the California Contractor’s Board, install TMW materials and products.

10.)This Warranty does not extend to materials or products that are damaged or where the operation becomes impaired or that become inoperable due to building settling, building movement or acts of God or other factors beyond the control of TMW.

11.)In accordance with the AAMA voluntary certification and labeling program standards for quality and performance, all TMW products meet or exceed the referenced specifications.

12.)This Warranty is VOID and of no force or effect if windows and/or door styles/sizes requested by the Customer are beyond TMW’s normal manufacturing specifications or limits (as determined by TMW in its sole discretion), or where it is noted on a sales confirmation as “NO WARRANTY.”

13.)All TMW products are intended to be installed by a qualified glazing contractor per ASTM E2112-07, FMA/AAMA 100-07, AAMA 2400-02, GAGNA Glazing Manual. The Warranty is void if a window or door (or any other product provided by TMW) is installed by anyone not qualified to the highest published standards of the industry. All TMW provided products must be installed in accordance with the published installation instructions, and if there are no such installation instructions then it is the dealer (Customer)/installer’s responsibility to meet the standards of the industry to supply a water-tight and well functioning installation. Failure to fully comply in any respect with these instructions (or with the provisions contained in this paragraph) will void the Warranty provided herein.

14.)Any changes to the Warranty are null and void unless they are agreed upon by TMW in writing and expressly made part of the written sales confirmation.