Seller warrants to its original purchaser only that the Goods conform to the descriptions found herein.
a) Tempered and Heat Strengthened Glass
Seller warrants, for a period of one (1) year from the date of Seller’s initial invoice for the relevant Goods, that its tempered and or heat strengthened glass will meet, at the time of sale, specifications as defined by CAN/CGSB-12.2-M91 and CAN/CGSB- 12.4-M91. This warranty shall be void under any of the following circumstances:
a) the Goods are modified or receive or are subjected to any fabrication, including without limitation any grinding, drilling or sand blasting; or
b) the Goods are exposed to temperatures in excess of 400oF for any sustained period of time.
CAUTION: any modification or other fabrication of the Goods, or exposure to excessive heat for a sustained period may seriously weaken the glass or impair its tempered or heat strengthened characteristics or result in glass breakage.
b) Spandrel Glass
Seller warrants, for a period of five (5) years from the date of Seller’s initial invoice for the relevant Goods, its spandrel glass against chipping and fading. Seller does not guarantee that the replacement Goods will match the colour, shade, or appearance of the original Goods.
c) Insulated Glass Units (IGU)
Seller warrants, for a period of five (5) years from the date of Seller’s initial invoice for the relevant Goods, its insulated glass units against material obstruction to vision due to defects in material or workmanship which results in film formation or dust collection on the internal glass surfaces caused exclusively from the failure of the hermetic seal, other than through glass breakage. This warranty shall be void under any of the following circumstances:
a) the Goods are not continuously and adequately mechanically supported on all sides;
b) the Goods seal is not fully protected by a minimum fifteen thirty-seconds (15/32) inch face covering or “bite”;
c) the perimeter glazing materials are not compatible with the organic hermetic seal;
d) the glazing cavity is not effectively weeped to prevent water accumulation;
e) the Goods are subjected to requirements outside normal architectural requirements or if provision has not been made for adequate expansion or contraction of framing members;
f) the Goods are installed in high-moisture environments (including swimming pool enclosures or saunas, Jacuzzi, hot tub, skylight, sloped glazing, or vehicle); or
g) the Goods have been retrofitted with a film adhered to any glass surface.
Each of Seller’s warranties set out in these Terms shall be void under any of the following circumstances:
a) the Goods have not been paid for in full, according to the terms of sale;
b) the Goods are installed outside of the continental limits of the United States and Canada; or
c) the Goods have been abused or have not been stored and/or installed in a good and workmanlike manner (and in the case of IGUs, in accordance with current IGMA Glazing Recommendations for Sealed Insulating Glass Units).
In the event that any Goods are found to be defective, Seller will replace the applicable unit(s) without charge, FOB Seller’s plant or refund the purchase price of the unit(s), at its option. Defective Goods must be returned to the Seller’s plant at the expense of the Buyer. Seller reserves the right to inspect in the field any unit which is alleged to be defective. The warranty period of the replacement Goods will be limited to the remainder of the warranty period of the applicable original unit(s).
Seller’s maximum liability under this warranty shall be to deliver replacement Goods, or the refunded purchase price, to the shipping point nearest to the place of installation. Seller will not be liable for any damage, labour or any other expenses arising from usage of the Goods hereby covered. Seller assumes no responsibility for glass breakage, incompatibility with other products, faulty installation, abnormal weather conditions or damage caused by external factors or components. Seller’s sole liability shall be limited to the terms expressly stipulated herein. This warranty shall be void if Buyer is in breach of these terms and conditions of sale, including the terms of the warranty.