BILTBEST PRODUCTS, INC.

20/10 LIMITED WARRANTY FOR WINDOWS AND DOORS

(Products Purchased After July 1, 2006)

ABOUT OUR PRODUCTS AND WARRANTIES

Thank you for purchasing our premium products for your home. BiltBest windows and doors are manufactured to industry specifications, tested to industry standards, and assembled in our factory, which has a long tradition of American craftsmanship and quality. As an expression of our confidence in our products, except for normal industry and other specific exclusions, we cover our standard (non-laminated) insulated glass for 20 years and other standard non-glass components for 10 years. Our warranties are not prorated and are completely transferable from each homeowner to the next. Proper installation, reasonable use and maintenance are key elements in the performance of our products. Our Limited Warranties apply only if our products are installed in accordance with industry standards and building practices, are not altered or modified in any way, and are properly used and maintained. Be sure that your contractor installs windows and doors using the American Society for Testing and Materials (ASTM) Standard E2112-01, Standard Practices for Installation of Exterior Windows, Doors, and Skylights. Labor costs of removing and replacing defective products, insulated glass, components, or material provided under our warranties are not covered by any of these Limited Warranties.

SECTION I - LIMITED WARRANTIES

All Limited Warranties are subject to the "Exclusions and Limitations of Limited Warranties" in Section II below. They are also governed by the "General Provisions Governing All Limited Warranties" in Section III below and the "Procedures and Remedies for Warranty Claims" in Section IV below.

INSULATED GLASS

 

20 Year Limited Warranty on Standard (Non-Laminated) Insulated Glass. BiltBest warrants the non-laminated insulated glass in BiltBest products against defects in manufacturing, materials and workmanship for twenty (20) years from the date of manufacture. (The date of manufacture is etched on one corner of the insulated glass unit). BiltBest also warrants the non-laminated insulated glass against seal failure, resulting in materially impaired vision due to moisture, dust or film between the panes of glass, for a period of twenty (20) years from the date of manufacture.

5 Year Limited Warranty on Laminated Insulated Glass. BiltBest warrants the laminated insulated glass in BiltBest products against defects in manufacturing, materials and workmanship that cause delamination of the laminated glass resulting in materially impaired vision for a period of five (5) years from the date of manufacture. (The date of manufacture is etched on one corner of the laminated glass unit).

2 Year Limited Warranty Against Glass Stress Cracks. BiltBest warrants the glass in BiltBest products against stress cracking or thermal shock cracking for a period of two (2) years from date of manufacture under normal use and service. (The date of manufacture is etched on one corner of the insulated glass unit).

Note: These Limited Warranties do not cover stress cracks, scratches, or broken glass resulting from improper installation, accident, abusive handling or misuse, excessive vibration, movement of buildings or foundations, or other abnormal physical stress, nor does it include glass panes broken from the exterior. Scratches in glass not visible with the naked eye beyond eleven (11) feet are not considered defects.

REMEDIES FOR INSULATED GLASS

In the event a glass failure or stress crack occurs as a result of a defect in manufacturing, materials or workmanship within the applicable Limited Warranty period, BiltBest, at its sole option and discretion, will: (i) provide replacement glass product to you directly or to the BiltBest dealer you specify (removal and installation labor is not covered, nor is refinishing or repainting of any replacement product); or (ii) provide an authorized factory repair to the existing glass; or (iii) refund to you the dealer’s net purchase price of the defective product.

Note: Glass tint variation may occur when replacement glass is provided. BiltBest does not warrant that replacement glass will exactly match the tint in the original glass.

WINDOWS AND DOORS

 

10 Year Limited Warranty on Windows and Doors. With the exception of special (non-standard) items and products described in Section II below, BiltBest warrants all window and door products manufactured by BiltBest to be free from defects in material and workmanship for a period of ten (10) years from the date of manufacture.

10 Year Limited Warranty on the Exterior Portion of Painted Aluminum Clad Windows. Except for the limitations governing certain finishes and installations set forth below, BiltBest warrants that the aluminum clad paint finish on its EClad™ series and BestClad™ series products will not crack, check, peel, flake, blister or lose adhesion when exposed to normal atmospheric conditions for a period of ten (10) years from the date of manufacture.

Note: The Limited Warranty period for the following finishes and installations of aluminum clad windows and doors shall only be as follows:

Note: The performance of paint on an aluminum clad product may vary based on installation of the product in a salt spray, chemical or caustic environment, and may vary due to sun exposure, altitude and other atmospheric conditions. During the construction process, care must be taken to protect the aluminum clad finish from brick wash and acid use. Following installation, it is the consumer’s responsibility to provide regular maintenance of the product, including cleaning with fresh water to remove salt or chemical deposits, in order to prevent the accumulation of concentrated salt or chemical deposits and to maintain the appearance and extend the life of the exterior painted finish on aluminum clad windows and doors. In areas with a high concentration of airborne chemical elements, i.e. acid rain, salt deposits, etc., more attention may be required to protect the aluminum clad finish. Failure of the consumer to provide regular maintenance or to adequately protect the painted finish on aluminum clad products will void this Limited Warranty. Products subject to the detrimental effects of high concentrations of air pollutants or chemical or caustic washes will not be covered by this Limited Warranty.

10 Year Limited Warranty on Cellular PVC Window and Door Components. BiltBest warrants cellular PVC components, including window and door exterior brick mould, sill or blind stop, to be free from defects in material and workmanship and degradation of the cellular PVC material for a period of ten (10) years from the date of manufacture.

Note: This Limited Warranty does not apply to:

2 Year Limited Warranty on Exterior Portion of Wood Windows and Doors. BiltBest warrants the exterior wood components of any of its wood windows and doors to be free from defects in material and workmanship for a period of two (2) years from the date of manufacture, provided that they are properly primed and painted or sealed within thirty (30) days of installation as set forth below. To comply with this Limited Warranty, it is the purchaser’s and/or contractor’s responsibility to properly care for and protect all exposed wood items against moisture, excessive dryness, etc., and to see that all exposed exterior wood surfaces of BiltBest’s all-wood products are thoroughly and completely primed and painted or sealed immediately following installation (within thirty (30) days) in accordance with accepted building practices and industry standards. A high quality primer and one top coat of high quality paint, or a high quality wood sealer must be applied (per the paint manufacturer’s directions) to all exposed exterior surfaces and must be warranted by the paint manufacturer. BiltBest recommends that all exposed exterior wood components be repainted or resealed every two (2) years.

Note: This Limited Warranty shall not apply if wood products are not primed and painted with at least one top coat of high quality paint or sealed with a high quality wood sealer within thirty (30) days after installation or if the wood products are subjected to excessive water and moisture after delivery and prior to installation. BiltBest recommends that wood windows and doors be ordered with factory applied priming to the exposed exterior wood components to assure proper priming. The factory applied primer may show wood grain variation in surface appearance and is not considered a defect under this Limited Warranty.

2 Year Limited Warranty on Factory Applied Paint on Interior Portion of Wood Windows and Doors. BiltBest warrants the factory applied (prefinished) paint on interior surfaces on its windows and doors to be free of defects in finish or application for a period of two (2) years from the date of manufacture.

Note: This Limited Warranty shall be void if BiltBest did not receive prior written approval of the quality of the factory applied paint. Distributors, contractors, and/or consumer must approve in advance the use of factory applied paint on interior surfaces. Contact BiltBest Customer Service for details.

REMEDIES FOR WINDOWS AND DOORS

In the event of a covered defect in manufacturing, materials or workmanship within the applicable Limited Warranty period, BiltBest, at its sole option and discretion, will: (i) provide replacement product to you directly or to the BiltBest dealer you specify (removal and installation labor is not covered nor is refinishing or repainting of any replacement product); or (ii) provide an authorized factory repair to the defective product; or (iii) refund to you the dealer’s net purchase price of the defective product.

Note: BiltBest may at its sole option defer remedying any wood defect for a period of one (1) full year from date of the company's receipt of claim. This one (1) year period may be used because window and door products quite often stabilize themselves and return to their original plane as they adjust to various conditions. Natural variations in color or texture of wood are not considered defects.

SECTION II - EXCLUSIONS AND LIMITATIONS OF LIMITED WARRANTIES

 

DISCLAIMER AND LIMITATIONS OF LIMITED WARRANTIES

THE LIMITED WARRANTIES SET FORTH HEREIN ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ALL SUCH OTHER WARRANTIES, TO THE EXTENT PERMITTED BY LAW, ARE HEREBY DISCLAIMED AND EXCLUDED. ANY IMPLIED WARRANTIES WHICH ARE NOT EXCLUDED HEREBY DUE TO OPERATION OF LAW ARE LIMITED IN DURATION TO THE PERIOD OF COVERAGE OF THE EXPRESS LIMITED WARRANTIES PROVIDED HEREIN FOR THE WARRANTED PRODUCTS. THE REMEDIES SET FORTH HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES PROVIDED AND BILTBEST SHALL NOT BE LIABLE FOR COSTS OF SHIPPING, APPLICABLE TAXES OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, ANY COSTS OF DISASSEMBLY, REMOVAL OR REINSTALLATION OF THE PRODUCT OR ANY PART, ANY COSTS OR EXPENSES RELATING TO PAINTING, STAINING, REFINISHING OR ANY SIMILAR ACTIVITIES INVOLVED IN THE REMOVAL, REPAIR OR REINSTALLATION OF ANY WINDOW OR DOOR PRODUCT PURSUANT TO THESE LIMITED WARRANTIES. UNDER NO CIRCUMSTANCES WILL BILTBEST BE LIABLE FOR ANY DAMAGE OR LOSS TO OTHER PROPERTY. IN NO EVENT SHALL BILTBEST’S TOTAL LIABILITY FOR ANY AND ALL CLAIMS RELATING TO A PRODUCT OR PRODUCTS MANUFACTURED BY BILTBEST EXCEED THE ORIGINAL PURCHASE PRICE OF THAT PRODUCT OR THOSE PRODUCTS.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above exclusion of incidental and consequential damages may not apply. These Limited Warranties give the purchaser specific legal rights, and you may also have other rights, which vary from state to state.

NO DEALER, DISTRIBUTOR, SALESPERSON OR OTHER REPRESENTATIVE OF BILTBEST PRODUCTS INC., HAS THE AUTHORITY TO ALTER OR CHANGE THESE WARRANTIES OR TO MAKE ANY OTHER WARRANTY, EITHER ORALLY OR IN WRITING, UNLESS THE ALTERATION OR CHANGE IS SET FORTH IN A SEPARATE WRITING AND SIGNED BY THE PRESIDENT OF BILTBEST PRODUCTS, INC.

WARRANTY EXCLUSIONS

 

WARRANTY EXCLUSION OF SPECIAL (NON-STANDARD) ITEMS AND PRODUCTS

"Special Item" or "Special Product" refers to those items and products specially manufactured by BiltBest to meet the specific requirements of a customer or construction project and which do not conform in every respect to BiltBest’s standard manufacturing specifications. Special items and products also include items manufactured for special or unique uses or items designated as such prior to or at the time of the acceptance of a written purchase order wherein BiltBest disclaims existence of a warranty in writing to the purchaser as part of the purchase contract. Representations of special items and products in BiltBest product literature do not qualify such products for non-special/standard status. Because of the variety of special items and products customers request BiltBest to make, BiltBest cannot foresee how each of these items and products will perform when installed at various construction and job site projects. Accordingly, BiltBest does not warrant or guarantee any such special items or products. BiltBest does not and will not assume responsibility in any respect for these special items or products, either with respect to their operation or function, unless BiltBest expressly agrees to do so in a separate writing executed by an authorized representative of BiltBest.

SECTION III - GENERAL PROVISIONS GOVERNING ALL LIMITED WARRANTIES

A. INSTALLATION OF BILTBEST PRODUCTS. Installation of all BiltBest products is solely the responsibility of the builder, contractor, distributor, or the consumer. BiltBest has no control over the installer or the installation process and will not be responsible under any of the foregoing Limited Warranties for any installations that are not done in a good, workmanlike manner, that do not follow BiltBest installation recommendations noted on the BiltBest product label or that fail to conform to ASTM standards or applicable building codes and local ordinances. BiltBest assumes no responsibility for such compliance. Consult your local building code officials for specific requirements. These Limited Warranties apply only to BiltBest products installed in a structure located within the United States of America or Canada. BiltBest does not warrant any product which is installed outside the United States or Canada.

B. PRODUCT SPECIFICATIONS AND SUITABILITY FOR LOCATION OF INSTALLATION. It is the sole responsibility of the builder, contractor, architect, or consumer to select BiltBest products that are suitable for the geographic, atmospheric and environmental conditions to which the products may be exposed following installation. BiltBest is not responsible for problems or damages caused by geographic, atmospheric and environmental conditions that exceed the specifications for the installed products.

C. USE OF BILTBEST PRODUCTS WITH SYNTHETIC STUCCO/EFIS; MOLD ISSUES. Serious concerns have been raised about potential moisture and mold problems in houses and other buildings built with Exterior Insulation Finish Systems, commonly referred to as EIFS or Synthetic Stucco. Some EIFS systems may allow water or moisture to penetrate and build up in the wall system, which can cause serious damage to walls and other building components, and promote the growth of mold. Determination of proper building design, components and construction, including moisture management, are the sole responsibility of the consumer, or his/her architect or building contractors, and the manufacturer of the exterior wall finish products. BiltBest is not responsible for problems or damages caused by deficiencies in building design, construction or maintenance, failure to install its products properly, or use of its products in systems that do not allow for proper control or management of moisture within the building’s wall system.

D. FINISHING, CARE AND MAINTENANCE FOLLOWING INSTALLATION. Proper finishing, care and maintenance of BiltBest products following installation is the responsibility of the builder, contractor, and the consumer. Operational problems may develop if the windows or doors are not properly maintained following installation. Proper finishing and maintenance includes, but is not limited to: (i) priming and painting or sealing of all exposed wood surfaces within thirty (30) days after installation; (ii) protecting the woodwork from excessive heat, moisture or dryness; and (iii) regularly caulking and painting or sealing of all exposed wood surfaces.

E. CONDENSATION. Condensation, frost or mold on interior glass or window and door surfaces, and any related water damage, which occurs as the natural result of humidity within the property or changes in interior/exterior temperatures, does not indicate a defect and is not covered by these Limited Warranties.

F. PERFORMANCE RATINGS. The performance of BiltBest’s windows and doors may be affected by factors beyond BiltBest’s control, such as handling and installation, construction details of the building, exposure conditions, maintenance, and normal wear and tear. Performance ratings (for example, R or U-values, infiltration tests, etc.) are intended for comparison purposes only. Although BiltBest products are manufactured to meet or exceed published ratings, it is not possible to guarantee that they will meet or exceed those ratings once they have been installed, and ratings performance is specifically excluded from these Limited Warranties.

G. NO EXTENSION OF WARRANTY FOR REPLACEMENT PARTS. Supplying replacement windows and doors, components or parts shall not extend the time period of the applicable Limited Warranty. The replacement product, component or part shall be warranted only to the extent of the unexpired portion of the Limited Warranty period on the originally purchased windows and doors, component or part.

H. TRANSFERABILITY. The Limited Warranties provided herein extend only to the original consumer of BiltBest products that are installed in a residential or light commercial building. However, the original homeowner may transfer these Limited Warranties to a subsequent homeowner when title to the residential building in which the BiltBest products are installed is transferred and legally recorded. Upon such transfer, BiltBest will honor the balance of the time remaining on the Limited Warranties provided herein, based on the date of manufacture, for all subsequent homeowners.

I. SCREENS AND SAFETY. Screens on windows and door products are only meant to provide airflow while keeping out insects. Screens are not meant or designed to prevent children or others from falling through a window or door and should not be relied on or used for that purpose. The effectiveness of screens in controlling insects depends on their installation and maintenance. Accordingly, BiltBest does not warrant the effectiveness of the screens on any of its products with respect to keeping out insects.

SECTION IV - PROCEDURES AND REMEDIES

 

A. PROCEDURE FOR CONSUMER TO FOLLOW IN SEEKING PERFORMANCE UNDER THESE LIMITED WARRANTIES. Written notice of any claim under these Limited Warranties must be given to the contractor who installed the product or the BiltBest dealer or distributor from whom the product was purchased. If these persons are not known: (i) send written notice by US mail to: BiltBest Products, Inc., Attn: Warranty Department, 175 South Tenth Street, Ste. Genevieve, Missouri 63670; or (ii) fax a written notice to the attention of the Warranty Department to 1-573-883-2858; or (iii) email the notice to warrantydept@biltbest.com within thirty (30) days of discovery, and in any event, within the applicable stated Limited Warranty period(s) for the defective window or door product, which are set forth in Section I above. In case of a defect reasonably discoverable by inspection of any product upon receipt of shipment from BiltBest, notice must be given within thirty (30) days thereafter and before the product is installed.

Please provide the following information in the written notice:

Note: No Limited Warranty or warranties shall apply in the absence of such written notice.

After receipt of the written notice, a representative of BiltBest will examine the claim and advise the consumer concerning its disposition. BiltBest reserves the right to inspect, or designate a person to inspect, any part that is claimed to be defective and covered by these Limited Warranties. BiltBest shall not be liable for any product repaired or replaced without its prior written consent.

B. REMEDIES. As set forth in Section I above, BiltBest’s obligation under these Limited Warranties shall be limited to, at its sole option and discretion: (i) providing replacement product to you directly or to the BiltBest dealer you specify (removal and installation labor is not covered nor is refinishing or repainting of any replacement product); or (ii) providing an authorized factory repair to the defective product; or (iii) refunding to you the dealer’s net purchase price of the defective product.

C. ARBITRATION. In the event of any disagreement or dispute between BiltBest and the consumer relating to these Limited Warranties or any BiltBest product or any dealings between BiltBest and the consumer, or any claims under state or federal law, the parties shall submit such disagreement or dispute to binding arbitration pursuant to the rules of the American Arbitration Association or another similar association or service mutually agreeable to the parties. The arbitration shall be conducted in St. Louis, Missouri and judgment upon the award rendered pursuant to such proceeding may be entered in any court having jurisdiction thereof.

GOVERNING LAW. These Limited Warranties shall be governed by and construed in accordance with the laws of the State of Missouri.

 

BILTBEST PRODUCTS, INC

175 S. TENTH STREET

STE. GENEVIEVE, MO 63670

TEL: 573-883-3571

FAX: 573-883-2858

EMAIL: warrantydept@biltbest.com

WEB: www.biltbest.com