Enerlux Product Warranty
(For Residential Products Only)
This warranty is provided by Enerlux Windows and Doors (hereinafter “EnerLux”) to any individual or entity that directly purchases from EnerLux (an “End-User”), any product offered for sale by EnerLux to be utilized in a residential dwelling (collectively the “Products”). The warranties described herein are only offered to an End-User, and shall be for the applicable duration set forth below, and subject in their entirety to the restrictions contained herein.
Warranty: To the extent that Product has been purchased by an End-User directly from EnerLux that will be utilized in a residential dwelling, EnerLux represents and warrants to the End-User only that, for the duration specified below and subject to the restrictions contained herein, the applicable Products will be free from defects in material and workmanship that materially cause the Products to not operate in accordance with their published specifications.
Exclusions: This warranty does not apply to: (i) Products that have been altered or modified in any respect by any third party other than EnerLux; (ii) Products being utilized with a combination of other products if the failure would not have occurred without such combination; (iii) Products that have been damaged due to the negligence of any third party other than Seller; (iv) defects caused by installation of the Products not in conformance with EnerLux’s suggested installation procedures; (v) defects caused by shifting or settling of any structure in which Products are installed; (vi) defects caused by normal wear and tear; (vii) defects caused by End-User finished applied to any Product; and (viiI) defects occurring as a result of any act or occurrence outside of EnerLux’s reasonable control. End-User expressly waives any right to any warranty claim arising from any defect caused by any of the foregoing.
Warranty Remedies: In the event that an End-User notifies EnerLux of any possible warranty claim relating to a Product, and EnerLux, in its reasonable and sole discretion determines that the Products are defective in material and/or workmanship otherwise meets the warranty conditions set forth herein, then Enerlux shall, at EnerLux’s sole and absolute discretion either: (i) repair or replace the defective Product; (ii) in the event that the specific Product that is defective is not in stock or no longer being manufactured, replace the defective Product with a comparable model; or (iii) refund to the End-User the amount paid for the Product; provided, however, in no event shall Seller be responsible for any removal, shipping, labor or reinstallation expenses associated with a defective Product. Seller reserves the right, in its sole discretion, to require an End-User to provide supporting documentation with respect to any defective Product claim.
Warranty Limitations and Limitation of Liability: The warranty set forth herein shall be void in all respects if the Products are not used for the intended purposes described in the specifications provided with the Products or utilized in a residential dwelling. Except as otherwise provided herein, this warranty is only being offered to the End-User of the Products and in no way shall extend to any third party who is not considered an End-User. THE WARRANTY SET FORTH HEREIN IS END-USER’S SOLE AND EXCLUSIVE REMEDY FOR ANY CLAIM RELATING TO THE USE OF A PRODUCT, INABILITY TO USE A PRODUCT, OR A DEFECTIVE OR INOPERABLE PRODUCT, WHETHER IN CONTRACT, TORT OR OTHERWISE, AND IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL ENERLUX BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR SPECIAL DAMAGES, REGARDLESS OF WHETHER SUCH DAMAGES WERE ANTICIPATED. FURTHEMORE, IN NO EVENT SHALL SELLER’S LIABILITY FOR A DEFECTIVE PRODUCT EXCEED THE PURCHASE PRICE PAID FOR SUCH DEFECTIVE PRODUCT. AN END USER’S ACCEPTANCE OF THE FOREGOING IS A MATERIAL CONSIDERATION UPON WHICH ENERLUX RELIES UPON WHEN SELLING A PRODUCT TO AN END-USER.
Reporting a Warranty Claim: To report a Product warranty claim, please contact Seller at: email@example.com____ for further instructions. End-User expressly agrees to promptly notify Enerlux of any warranty claim following the point in time in which End-User discovers, or should have discovered, the applicable Product defect. End-User agrees that any warranty claim shall be void if End-User does not comply with the foregoing requirement for longer than a period one (1) year from the date upon which End-User discovered, or should have discovered, any Product defect.
Products: For the purposes of this warranty, the term “Products” shall mean any window, door, or component thereof that is offered for resale by EnerLux that will be utilized in a residential dwelling.
Duration of Warranty: The warranty described herein shall extend to any Product for the lifeful use of the Product, and shall begin from the date of the first purchase of the Product directly from EnerLux by an End-User. The foregoing warranty period is absolute, and shall in no way be extended as it relates to a Product. For the purposes of this section, the term “Lifeful Use” shall mean: (i) twenty (20) years for any hardware component or glass in the window; and (ii) an unlimited period of time for the window frame.
Transferability: The warranty for the Products contained herein may be transferred to a purchaser of a dwelling in which an applicable Product is installed. The transfer of the warranty pursuant to the foregoing shall in no way modify the terms hereof.
Miscellaneous: No amendment shall be made to this warranty unless specifically agreed to in writing by Enerlux. This warranty shall apply to a Product from when it is purchased, and shall take priority over any other warranty offered by EnerLux before or after the purchase of the applicable Product. This is the entire agreement between the parties as it relates to any Product warranties offered by EnerLux. End-User expressly agrees that any oral statements made by EnerLux, or its representatives, shall in no way modify the terms hereof. This warranty shall be governed by the laws of the State of Nebraska.