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1. WHAT IS COVERED BY THIS LIMITED WARRANTY. For a period of twenty (20) years, commencing with the final date of delivery, the “Seller” (PFB Manufacturing, LLC for panels manufactured in the United States of America or Insulspan, a Division of Plasti-Fab Ltd, for panels manufactured in Canada) warrants to the original owner of the project constructed (“Owner”) using the Insulspan structural insulated panel (SIP) system (the “Product”) including all materials manufactured by the Seller will meet the specifications set out in the Insulspan Sales Order, associated project drawings and the Insulspan Technical Manual (the “Product Specifications”). Accessory materials supplied as part of the Product Specification that are not manufactured by the Seller, but are provided by the Seller as required for installation of the Product, are governed by each accessory materials product manufacturer’s warranty; specifically, to include:
2. INSPECTION UPON DELIVERY / NOTIFY THE SELLER. Upon delivery of the Product and prior to installation, the Owner or Owner’s Authorized Representative, must inspect the Product for visible defects in the Product. If the Owner or Owner’s Authorized Representative discovers a defect in material or workmanship, the Owner or the Owner’s Authorized Representative, must promptly notify the Seller in writing. In no event shall such notification be received by the Seller later than ten (10) days from the “date of final delivery”. This initial notification and any concerns through the course of installation should be directed to the Seller’s sales department or operations manager. After installation and for the duration of this limited warranty, the Seller must be notified at the address below and the Owner or Owner’s Authorized Representative must include in the notice the following: (a) the date on which the defect was first noticed; and (b) the location and description of the circumstances under which the defect occurred or was first noticed.
Insulspan Attn: Warranty Claim 9012 E. US Hwy 223 Blissfield, MI 49228 Warranty@Insulspan.com
Within a reasonable time after such notifications, the Seller will at its discretion replace or repair any defective material. Owner shall be responsible for making accessible the affected Product. These remedies are the Owner’s exclusive remedies for breach of warranty.
3. WHAT IS NOT COVERED BY THIS WARRANTY. The seller does not warrant (a) any defects caused by improper storage of the product prior to installation; (b) installation of the Product that is not in strict accordance with the Product Specifications and the Insulspan Installation Guide, including installation of proper weather resistant barriers; (c) damage caused to the Product by use of the building for purposes other than those for which the Product was designed; (d) damage or failure caused by inadequate structural design; (e) damage caused by inadequate design, performance, or maintenance of the heating, ventilation and air conditioning (HVAC) system for the building; (f) damage caused by vandalism or criminal acts; (g) damage caused by force majeure events such as weather fire, flood, wind, and lightning; (h) damage caused by unauthorized attachments or alterations; or (i) any other abuse or misuse by the Owner or at the direction of the Owner. This Limited Warranty is void if, in the sole judgment of the Seller, the performance of the Product has been impaired by either damage or alterations, including any limitations listed in the Product Specifications, which form part of this Limited Warranty.
4. DISCLAIMER OF WARRANTY. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
5. LIMITATION OF REMEDIES. In no case shall the Seller be liable for any special, incidental or consequential damages based upon breach of warranty, breach of contract, negligence, strict tort, or any other legal theory. Such limitation of damages includes, but is not limited to, loss of profits, loss of savings or revenue, loss of use of the Product or any associated products, cost of capital, cost of any substitute equipment, facilities or services, down-time, the claims of any third parties and injury to property.
6 NON-TRANSFERABLE. This Limited Warranty is non-transferable and is for the exclusive benefit of the initial Owner of the project. This Limited Warranty terminates immediately when the Owner ceases to own the building in which the Product has been installed.
7. NO OTHER WARRANTIES. Unless modified in a writing signed by both parties, this warranty is understood to be the complete and exclusive warranty between the parties, superseding all prior agreements, oral or written, and all other communications between the parties relating to the subject matter of this agreement. No employee of the Seller or any other party is authorized to make any warranty in addition to those made in this warranty.
8. NO OBLIGATION UNTIL FULL PAYMENT. The Seller is not obligated under the terms of this Limited Warranty until the Owner has paid in full all invoices and charges for the Product supplied and services due and owing.
9. NO WAIVER. Failure by the Seller at any time to enforce any term or condition stated herein is not to be construed as a waiver by the Seller of its right to enforce that term or condition.
10. GOVERNING LAW. If the Product is delivered to an address in the United States, this Limited Warranty shall be governed by the laws of the State of Michigan and the laws of the United States. The Seller and the Owner hereby irrevocably consent to the jurisdiction of the courts of the State of Michigan. (b) If the Product is delivered to an address in Canada, this Limited Warranty shall be governed by the laws of the Province of Alberta and the laws of Canada. The Seller and the Owner hereby irrevocably consent to the jurisdiction of the courts of the Province of Alberta.
11. ALLOCATION OF RISKS. This agreement allocates the risks of product failure between the Seller and Owner. This allocation is recognized by both parties and is reflected in the price of the Product. Owner acknowledges that it has read this agreement, understands it, and is bound by its terms.
Revised March 23, 2023
Copyright © 2023 by Insulspan; All rights reserved. Insulspan is a registered Trademark of Plasti-Fab Ltd in Canada and PFB America Corporation in the USA.
