For BTUFOIL tm
Premium Reflective Insulation and BTUBUSTERS tm Radiant Barrier Products
purchased from Energy
$aver$ of America or it's Authorized Distributors & Dealers
1. WARRANTY COVERAGE
Warranty applies to the original retail purchaser (Purchaser) of its BTUFOIL tm
Premium Reflective Insulation and BTUBUSTERS tm
Premium Radiant Barrier Products (Products),
(Foil / Foil - Foil / Single Bubble / Foil - Foil Double Bubble / Foil)
and specifically to the building that the products were initially
installed. Warranty is a supplement
to original product manufacturers warranty and becomes effective upon
expiration of original product
manufacturers warranty.
ENERGY $AVER$ OF AMERICA (E.S.A), warrants that the performance of the
Product shall be not less than what the product manufacturer states in
their respective product literature as evidenced from specific product
testing performed on each product supplied by manufacturer. Products
are warranted against all defects in material and workmanship and shall
not degrade over time due to separation of layers or delaminating of
foil, subject to installation accordance to manufacturers instructions.
2. WARRANTY EXCLUSIONS
THIS WARRANTY DOES NOT
COVER;
A. Damage to the product by:
1. Roof leaks, water leaks from pipes, Paint, grease
or other foreign matter that may be present in
the areas of installation
B. Improper installation of product
C. Acts of God, War and or Terrorism
D. Improper handling and storage of products
E. Modifications to original installation
F. Unauthorized Repairs; Repairs made to products
without the expressed written consent of ESA
G. Products shipped out of and installed outside of
the United States or its territories.
H. Products installed or used in applications other
than (Building Insulation) in Agricultural, Commercial and Residential
Buildings
I. Installation of products in atmosphere that is
detrimental to aluminum and polyethylene
IMPLIED WARRANTIES: NO OTHER EXPRESS WARRANTIES
INCLUDING ANY WARRANTY OF MERCHANTABILITY IMPOSED ON THE SALE OF THE
PRODUCTS UNDER STATE LAW, ARE LIMITED TO THE DURATION OF THE
MANUFACTURERS WARRANTY PERIOD. THIS WARRANTY IS THE SOLE WARRANTY
APPLICABLE TO THE PRODUCTS AND EXCLUDES ALL OTHER EXPRESS OR IMPLIED
WARRANTIES, EXCEPT THOSE OF THE RESPECTIVE PRODUCT MANUFACTURERS (some
states do not allow limitations on how long an implied warranty lasts,
so the above limitations may not apply to you
NO OTHER EXPRESS WARRANTY HAS BEEN MADE OR WILL BE MADE ON BEHALF OF
THE PRODUCT MANUFACTURER OR ESA WITH RESPECT TO THE PRODUCT. UNDER NO
CIRCUMSTANCES SHALL ESA OR THE PRODUCT MANUFACTURER BE LIABLE TO THE
PURCHASER OR ANY OTHER PERSON FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES
WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR
OTHERWISE RESULTING FROM ANY DEFECT IN THE PRODUCT OR IMPROPER
INSTALLATION. (Some states do not allow exclusions or limitation of
incidental or consequential damages, so the above limitation or
exclusion may not apply to you)
3. REMEDIES
This section provides for the sole remedy available to the PURCHASER
for any defects in the product. ESA at its option will either #
1., refund
the original purchase price of the specific quantity of defective
product or #2., replace the specific quantity of defective product
at no cost. ESA reserves the right to replace any defective product
with product of like quality and value in the event original product
purchased is not available. Installation / labor costs are excluded.
4. RESPONSIBILITY OF
PURCHASER
PRIOR TO INSTALLATION * Inspect product for any obvious damage or
defects. DO NOT UNDER ANY CIRCUMSTANCES INSTALL ANY
PRODUCT SUSPECTED
OF BEING DEFECTIVE. PURCHASER ACCEPTS ALL RESPONSIBILITY FOR ANY
DEFECTIVE PRODUCT INSTALLED. NOTIFY ESA OR AUTHORIZED DISTRIBUTOR /
DEALER OF ANY PRODUCT IN QUESTION PRIOR TO INSTALLATION.
PURCHASER must notify ESA in writing within 30 days after discovering a
possible defect of the Product, and before beginning any repair.
PURCHASERS written notice should include the date the Product was
purchased, the date the product was installed, the name & address
of the authorized Distributor / Dealer from whom the product was
purchased, the name and address of the installer, the product
identification mark (product #, product name) and total square
footage of product suspected to be defective and the total quantity of
product purchased. It is the responsibility of the PURCHASER to
establish the date of installation and provide proof the Product was
installed.
ESA and Manufacturer have the right to inspect the product suspected to
be defective. PURCHASER hereby agrees the allow ESA / Manufacturer or
its authorized representative access to the premises of the building
in which the suspected defective product is installed.
Inspections are normally conducted during normal business hours, Monday
through Friday, 7:00 AM through 5:00 PM. ESA will honor PURCHASERS
privacy and will in all cases attempt to make any inspections at the
PURCHASERS convenience.
5. TRANSFER OF WARRANTY
Original PURCHASER has the right to transfer this warranty to any new
or subsequent owner of the original building in which product was
installed.
A. CONDITIONS OF TRANSFER
1. Original Purchaser must notify ESA of the pending
transfer
2. New owner information must be supplied to ESA
3. ESA has the right to make an inspection of the
building prior to approving the transfer of warranty.
4. Any modifications to products done subsequent to
original installation will not be warranted
5. ESA has the right to charge a warranty
transfer fee of not less than $ 100.00 and not more
than
$500.00
6. NEW OWNER must agree to the terms and conditions
set forth in this warranty agreement
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