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2003 WARRANTY

I. HURD'S EXPRESS WARRANTIES

A. Twenty (20) Year Transferable Limited Warranty: Insulated Glass.

Hurd Millwork Company, Inc. ("Hurd") warrants the Insulated Glass glazed in Hurd windows and patio doors shall be free from any material obstructions of vision due to fogging occurring between the interior glass surfaces resulting solely from a failure of the hermetic seal, other than through glass breakage, for a period of twenty (20) years from the original date of manufacture by Hurd.

B. Two (2) Year Transferable Limited Warranty: Glass Stress Cracks.

Hurd warrants that all glass units shall be free from stress cracks for a period of two (2) years from the original date of manufacture by Hurd.

C. Ten (10) Years Transferable Limited Warranty: Non-Glass Components.

Hurd warrants that non-glass window and door components shall be free from defects in materials or workmanship for a period of ten (10) years from the original date of manufacture of the window or door by Hurd.

II. LIMITATIONS AND DETAILS OF HURD'S EXPRESS WARRANTIES

A. Hurd windows and doors are manufactured to certain specifications and ratings (emissivity, U-Value, Infiltration, etc.) The performance of installed windows and doors can and will change over time due to environmental conditions, installation technique, maintenance, normal wear and tear and other factors beyond Hurd's control. The initial ratings and specifications are furnished solely to assist the purchaser in comparing products at the time of purchase and are not meant to warrant or guarantee specific field performance over the life of the product.

B. Your Hurd product may contain inert gas to improve the thermal performance of the product. The best manufacturing techniques cannot guarantee that the initial fill rate of inert gas will be maintained during the product lifetime and Hurd makes no such guarantee. The presence of inert gas will improve the thermal performance of the Hurd product. If the product you purchased from Hurd is fitted with a capillary tube, it must be treated as if it is entirely air filled.

C. None of the above warranties apply to or cover problems, costs or losses caused by, or arising from or in connection with any of the following:

  • Improper installation;
  • Excessive indoor humidity, condensation or frost on exposed surfaces (condensation or frost on exposed surfaces is not a defect, but is a result of excessive humidity in the building);
  • Any size units having any dimensions greater than those listed in Hurd's standard catalog;
  • Minor scratches, imperfections or blemishes that are not within central viewing area or that do not impair the structural integrity of the unit;
  • Painting or staining of vinyl parts or weather-strip;
  • Any non-Hurd product mulled to any Hurd product;
  • Obstructions of air flow to products, such as airflow obstructions due to draperies, etc.
  • Natural causes and/or natural disasters;
  • None of the above warranties apply to or cover any Hurd products installed in any face barrier system or exterior insulation finish system using synthetic stuccos, unless the Purchaser proves that there is an effectively engineered system for the control and drainage of water or moisture vapor;
  • Impact Resistant Product Line (covered under separate warranty);
  • Abuse, misuse or alteration of any product;
  • Exposure to chemicals, chemical fumes or other corrosive substance or corrosive environments;
  • Variance in color, grain or texture of wood;
  • Stress or strain due to building movement or settlement;
  • Improper painting or staining, field finishing maintenance, or power washing;
  • After market tints, films or coatings applied to glass surfaces;
  • Installation of products in an application above tested performance levels;
  • If the windows and/or doors are not installed vertically (slope glazing);
  • Non-compliance with building codes;
  • Door warpage of less than 1/4" as measured across the diagonals;
  • Hardware finishes;
  • Normal wear or discoloration of interior or exterior finishes;
  • Screens
  • Any air or water infiltration/damage on non-factory mulled or non-Hurd setup units;
  • Environmental conditions or use exceeding design standards;
  • Acts of God;
  • Acts of war or civil unrest;
  • Damage that occurs during delivery by someone other than Hurd;
  • Damage as a result of normal wear and tear. D. This warranty is effective as of February 1, 2003 and is applicable only in the U.S.A. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.

D. These warranties transfer with the transfer of title to the building the windows and/or doors were originally installed in. They do not transfer if the windows and/or doors are installed in a building other than the building of original installation.

III. Warranty Resolution

In the event the product fails to conform to the express warranties described above in the stated time period, Purchaser's sole and exclusive remedy is that Hurd will either repair or replace defective materials with another product or part thereof. Current design may be substituted for the original. If Hurd determines (in its sole discretion) that repair or replacement is not commercially practicable or cannot be timely made, Hurd will refund your original product purchase price or the original catalog list price, whichever is less. Any replacement units or glass shall be F.O.B. the original destination of the first purchase from Hurd. In no event shall any handling labor, removal, refinishing, or installation costs be included in any warranty.

IV. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL HURD BE LIABLE FOR ANY INCIDENTAL DAMAGES, CONSEQUENTIAL DAMAGES OR OTHER INDIRECT DAMAGES OR LOSSES. IN NO EVENT SHALL THE AMOUNT DUE HEREUNDER BE IN EXCESS OF THE PURCHASE PRICE, WHETHER THE CLAIM IS FOR A BREACH OF WARRANTY OR NEGLIGENCE, OR OTHERWISE. SOME STATES DO NOT ALLOW FOR THE EXCLUSION OR LIMITATIONS OF INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES OR LOSSES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

V. NO IMPLIED WARRANTIES

TO THE MAXIMUM EXTENT ALLOWED BY THE LAW, ALL IMPLIED WARRANTIES OF ANY KIND (EXCEPT THE IMPLIED WARRANTY OF TITLE), INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OR USE ARE DISCLAIMED. THE DURATION AND TERMS OF ANY IMPLIED WARRANTY THAT IS NOT EFFECTIVELY DISCLAIMED BY THIS PARAGRAPH SHALL BE THE SAME AS THE DURATION AND TERMS OF HURD'S EXPRESS WARRANTIES DISCUSSED ABOVE. HOWEVER, SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO ONE IS AUTHORIZED TO EXPAND OR CHANGE THESE WRITTEN WARRANTIES.

If you wish to make a warranty claim, contact the Hurd distributor in your area or call or write:

HURD MILLWORK COMPANY
575 SOUTH WHELEN AVENUE
MEDFORD, WI 54451
715-748-2011