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2006 Wood Window & Door Warranty

I. HURD'S EXPRESS WARRANTIES

This Limited Warranty covers all products of Hurd Windows & Doors, Inc. ("Hurd") manufactured on or after the effective date noted hereon, subject to the conditions and restrictions contained below, except for products which may be specifically sold subject to other written limited warranty terms or which are specifically identified as being sold "as is."

A. Twenty (20) Year Transferable Limited Warranty: Hermetic Seal.

Except as otherwise provided herein, Hurd warrants that insulated glass glazed in Hurd window and door products shall be free from any material obstructions to vision due to fogging occurring between the interior glass surfaces that result solely from a failure of the hermetic seal, from any cause other than glass breakage, for a period of twenty (20) years from the date of original manufacture by Hurd.

B. Ten (10) Year Transferable Limited Warranty: "Hurd FeelSafe" Glass.

Hurd warrants that its "Hurd FeelSafe(tm)" glass units shall be free from any material obstructions of vision due to glass delamination, and from fogging occurring between the interior glass surfaces that result solely from a failure of the hermetic seal, from any cause other than glass breakage, for a period of ten (10) years from the date of original manufacture by Hurd.

C. Ten (10) Year Transferable Limited Warranty: General.

Except as otherwise provided herein, Hurd warrants that its window and door products shall be free from defects in materials or workmanship for a period of ten (10) years from the date of original manufacture by Hurd. This includes glass delamination which materially obstructs vision through the products.

D. 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.

E. Fifteen (15) Year Transferable Limited Warranty: Painted Premium Exterior Wood Finishes.

Hurd warrants that all units in their wood product offering painted with the Premium Exterior Wood Finish, that the exterior finish will not crack, peel or blister for a period of fifteen (15) years from the date of manufacturing of the unit, when used under normal atmospheric conditions, excluding cracking, peeling or blistering caused or precipitated by external damage not caused by Hurd.

F. One (1) Year Transferable Limited Warranty: Motorized Operators.

Hurd warrants that motorized operators in any unit shall be free from defects in materials or workmanship for a period of one (1) year from the original date of manufacture 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. Hurd will not be liable for, and none of the above warranties apply to or cover problems, costs or losses caused by, arising from, or related to, any of the following:

  1. Improper installation, including failure to follow manufacturer's guidelines and/or failure to install in conformance with accepted construction practices or applicable building codes;
  2. Improper or inadequate flashing, or other defects in construction;
  3. Any size units having any dimensions greater than those listed in Hurd's standard catalog;
  4. Installation of products in applications or environmental conditions above certified performance levels or exceeding design standards;
  5. 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;
  6. Installation other than vertically (slope glazing);
  7. Excessive humidity, condensation or frost on exposed surfaces (NOTE: condensation or frost on exposed surfaces is not a defect, but is a result of excessive humidity);
  8. Obstructions of air flow to products, including draperies;
  9. Scratches, imperfections or blemishes that do not impair the integrity of the unit, or were not caused by Hurd, or which are not discernable within the central viewing area at a distance greater than 6 feet or outside the central viewing area at distance greater than 12 feet, when viewed at 90 degrees under normal daylight conditions;
  10. Aftermarket tints, films or coatings applied to glass surfaces;
  11. Door warpage of less than 1/4" as measured across the diagonals;
  12. Wood rot, unless caused by or due to a manufacturing defect (NOTE: weathering or wood discoloration is normal and does not indicate a product defect);
  13. Improper painting, staining, or field finishing maintenance, or failure to apply a good quality top coat within 30 days after purchase, as specified in Hurd's Care and Maintenance Guide;
  14. Painting or staining of vinyl parts or weather-strip;
  15. Variance in color, grain or texture of wood, and normal wear or discoloration of interior or exterior finishes;
  16. Discoloration or weathering of hardware finishes;
  17. Loss of functionality of hardware (except for seacoast hardware) in highly corrosive environments, including but not limited to locations within two miles of salt water and any home located in the state of Hawaii;
  18. Power washing, or any abuse, misuse, or alteration of any product;
  19. Exposure to chemicals, chemical fumes or other corrosive substance or corrosive environments;
  20. Stress or strain due to building movement or settlement;
  21. Screens (NOTE: Screens are intended solely as protection from insects and are not intended to provide safety protection or to prevent falling through an open window.);
  22. Any air or water infiltration/damage on non-factory mulled or non-Hurd setup units;
  23. Any non-Hurd product or component unless specifically identified herein;
  24. Damage that occurs during delivery by someone other than Hurd;
  25. Damage as a result of normal wear and tear;
  26. Natural causes and/or natural disasters, including tornadoes, hurricanes, typhoons or hurricane or typhoon conditions;
  27. Acts of God, war or civil unrest.

C. Your Hurd product may contain inert gas, intended to improve the thermal performance of the product. However, the best manufacturing techniques cannot guarantee that the initial fill rate of inert gas will be maintained during the product's lifetime and Hurd makes no such guarantee. Therefore, the effectiveness of inert gas is not warranted and if the product is fitted with a capillary tube, it must be treated as if it is entirely air filled.

D. This warranty is effective as of October 15, 2006. This warranty gives you specific legal rights and you may also have other rights that may vary by state or country.

E. These warranties transfer with the transfer of title to the building in which the windows and/or doors were originally installed. 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 within the stated time period, Purchaser's sole and exclusive remedy is that Hurd will, at Hurd's sole option and discretion, either repair or replace defective materials with another product or part thereof or refund the original purchase price or original catalog list price of the defective product or part thereof. Current design may be substituted for the original. If Hurd chooses to replace defective products or parts thereof, Hurd will pay for the freight to deliver the replacement materials to the place where the product was first delivered from Hurd's factory. Any freight or delivery charges beyond that destination will be Purchaser's responsibility. In no event shall Hurd be responsible to pay for any handling labor, removal, disassembly, assembly, refinishing, or installation costs. Provision of replacement parts does not extend the warranted time period for any product.

IV. NO INCIDENTAL OR CONSEQUENTIAL DAMAGES

IN NO EVENT SHALL HURD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES. IN NO EVENT SHALL THE AMOUNT DUE HEREUNDER BE IN EXCESS OF THE DEFECTIVE UNIT'S PURCHASE PRICE, WHETHER THE CLAIM IS FOR 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, THE EXPRESS WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER 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, AND ALL SUCH IMPLIED WARRANTIES ARE HEREBY DISCLAIMED AND EXCLUDED BY HURD. 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