Bristol 50-Year Non-Prorated Limited Transferable Warranty
This Limited Warranty is made by Winchester Industries (“Winchester”) in connection with the sale of Bristol Replacement Windows (the “windows”) purchased by: (Actual Warranty is inclusive of all purchaser information.)
This warranty shall cover only and shall be limited to the repair or replacement of the defective component part of the window, unless such repair or replacement is impossible or will not remedy the defect in the window. Only in such event will the entire window be repaired or replaced with a Winchester window product comparable in the view of Winchester. For this warranty to be valid and effective the Dealer must supply to Winchester, at time of ordering, the purchasers complete name, address and phone number . Winchester makes the following limited warranties (this “warranty”) to Purchaser with respect to the windows:
A. Units: Except as provided in paragraphs II B-D, III and IV below, window units are warranted to be free from defects in materials and workmanship for a period of 50 Years from date of installation which result in bowing, warping, peeling, rusting, blistering, flaking or corrosion of the window frame or sash due to exposure to natural environmental conditions.
B. Insulating Glass: Insulating glass is warranted to be free of material obstruction of vision resulting from film formation or dust collection between the interior glass surfaces for a period of 50 Years from date of installation. Insulating glass units shall conform to former Federal Specification DD-G-451C for type “B” glass. Contact Winchester for a copy of this Specification.
C. Glass Breakage: Glass is warranted against breakage, for any reason, for 3 years from date of installation.
D. Bow/Bay/Garden Units: Bow/Bay and Garden shells, excluding actual window units, are warranted against defects in materials and workmanship which results in warping for a period of 2 years from date of installation. To qualify for warranty coverage, the units must have been installed with a suitable brace or turnbuckles.
E. Painted Finish: This section applies exclusively to exterior portions of the vinyl windows painted at Winchester’s factory. The above mentioned painted finish is warranted to be free from defects in materials and workmanship which results in cracking, chipping, peeling or blistering of the painted finish for a period of 10 years from the date of installation. Any window with a painted exterior will require a full screen. Painted half screens are not recommended by the factory. If a half screen is ordered the painted finish warranty is void on the screen as well as the screen track.
This warranty covers only the material to repair or replace the defective window or its component parts. All other costs, including, without limitation, labor, installation and shipping costs (F.O.B. Manufacturer), are not covered by this warranty. This warranty also excludes the following:
A. Damage or problems arising from unreasonable use and/or failure to perform reasonable maintenance, or unreasonable selection of a window option not suitable for the elevation and/or climate in which it was installed. B. Damage or problems arising from improper installation. C. Windows installed outside the United States of America or in ships or vehicles. D. Torn screen cloth. E. Damage or problems resulting from fire, wind, hail, flood, lightning or any other Acts of God or casualty loss, intentional acts, accidents, negligence or exposure to chemicals or pollutants. F. Damage to window units that are manufactured, as ordered, in sizes outside the standard Winchester minimum/maximum limitations. G. Damage for normal, uniform and slight etiolation sustained by most materials after long periods of exposure to ultraviolet sun rays. H. Damage or problems resulting from condensation. Condensation is the natural result of excessive moisture in the house or building. It is even possible for frost to appear on a window as a result of excessive condensation in cold weather. No window can prevent condensation if the humidity level in your home is too high. Condensation does not indicate and is not the result of a defective window or faulty installation. It is the result of excess humidity. Information concerning condensation is available upon written request to Winchester at the address listed below.
This warranty shall be limited as follows:
A. Implied Warranty Duration: THE DURATION OF ALL WARRANTIES IMPLIED BY LAW RELATING TO THE WINDOWS, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, SHALL BE LIMITED TO THE PERIODS OF TIME SPECIFIED WITHIN THIS WARRANTY THAT ARE APPLICABLE TO THE PART OR PARTS CLAIMED TO BE DEFECTIVE.
B. Remedies/Incidental or Consequential Damages: UNLESS A LIMITATION OF REMEDIES FOR A BREACH OF WARRANTY OF THIS TYPE IS PROHIBITED BY LAW, REMEDIES FOR BREACH OF THIS WARRANTY AND ANY OTHER WARRANTY, EXPRESS OR IMPLIED, ARE LIMITED SOLELY AND EXCLUSIVELY TO REPAIR OR REPLACEMENT AS SET FORTH IN THIS WARRANTY UNDER NO CIRCUMSTANCES WILL WINCHESTER BE LIABLE FOR SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGE TO OR LOSS OF OTHER PROPERTY OR EQUIPMENT AND THE COST OF REMOVING, INSTALLING, REINSTALLING OR SHIPPING ANY WINDOW OR ITS COMPONENT PARTS.
Special note to Purchaser: Some States do not allow limitations on how long an implied warranty lasts, and some States do not allow the exclusion or limitation of incidental or consequential damages or the limitation of remedies for breach of warranty, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights, and you may also have other rights which vary from State to State.
C. Transferability: Unless a restriction on the transfer of warranties of this type is prohibited by law, this warranty may be transferred “one” time to the next immediate owner of the home or building in which the windows are installed (“First Transferee”). For transfer of this warranty to be effective, the First Transferee must complete ALL the information requested on the transfer certificate and remove and mail it to Winchester at the address listed below, with the warranty transfer handling fee in the amount of $50.00 (per order number). For a transfer of this warranty to be valid and effective, the transfer certificate and a valid proof of purchase/transfer of sale must be received by Winchester within 60 days of the transfer or closing of the sale of the home or building in which the windows are installed. The warranty transfer handling fee must be paid by certified check or money order. The First Transferee shall be entitled to no greater rights than the original Purchaser under this warranty, and no further transfer of this warranty shall be permitted. At such time as the First Transferee no longer owns the home or building in which the windows are installed, this warranty shall terminate and be of no force or effect. For purposes of this section, “First Transferee” DOES NOT INCLUDE a mortgagee/bank/financial institution taking the home or building in which the windows are installed in a foreclosure sale or by deed or transfer in lieu of foreclosure. In the event of foreclosure, this warranty is of no force or effect.
D. Return of defective Item: In the event the selling Bristol dealer is no longer participating as a Bristol Dealer Winchester may require Purchaser to return, at Purchaser’s sole cost, the window unit(s) or component part(s) claimed to be defective to Winchester at its address listed below. All shipping charges for the return of any repaired or replaced items to Purchaser also shall be the sole responsibility of Purchaser.
V. Purchaser’s Remedy:
Winchester’s obligation under this warranty or under any applicable express or implied warranty is limited exclusively to the repair or replacement of windows or component parts that do not comply with this warranty. Winchester is not responsible for labor, installation or shipping costs. Comparable parts may be substituted for any parts that may no longer be maintained in stock by Winchester at time of the repair or replacement.
VI. Remedy Procedure: In the event of a warranty claim, Purchaser must, within the first thirty (30) days after defect appears, notify Dealer in writing, at the address given on the affixed label on front of warranty. Dealer is responsible for communicating claim to Winchester. If Dealer is no longer in the business of selling and installing Winchester products, Purchaser must, within the first thirty (30) days after defect appears, notify Winchester in writing, at the address listed below. All notices of a warranty claim must include Purchaser’s name, address, phone number, date of installation and a brief description of the defect or problem. Once notice of the warranty claim is received, Purchaser will be contacted by either Dealer or Winchester to discuss the claim and whether repair or replacement is necessary, If Purchaser is dealing direct with Winchester they may be required to send a deposit, to Winchester at the address set forth above, an amount equal to the cost of the window unit or component part claimed to be defective, prior to Winchester’s shipment of a replacement window or component to Purchaser. After inspection by Winchester, any such deposit will be returned to Purchaser by Winchester upon determination that the window or component was defective and covered by this warranty. Winchester will ship repaired or replaced items to Purchaser, at Purchaser’s expense.
VII. Effective Date:
Warranty is effective only upon satisfaction of the following items: a) Complete installation of the windows in the home/building identified on the reverse side. b) Dealer receipt of signed completion document; c) Dealer receipt of “payment in full” from said homeowner.