Page 168 - KHovanian Homes - Pathway to Homeownership

not allow limitations on how long an implied warranty lasts, or exclusions of incidental and consequential damages, so the related 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. Any liability of MI is contingent upon Owner (past or present) fulfilling its notice obligations as stated herein. Owner shall have no standing to assert any legal claim without first submitting a Notice of Legal Claim form (www.miwindows.com/LegalClaim) and waiting the requisite 45 days. This Warranty may only be modified by a writing signed by an officer of MI. Any act or omission of MI does not create a new warranty or extend the term of this Warranty. MI makes no representation regarding the useful life of MI Product. Excluded Conditions. This Warranty does not cover, and MI has no obligation to respond to, a Nonconformity caused in whole or part by: • An application, configuration, or installation exceeding the capacity of the Product design or in violation of applicable codes, plans, and specifications; mishandling of Product; failure to properly incorporate Product into the building envelope; installation in inappropriate openings or not in conformance with MI installation instructions, AAMA or ASTM installation standards, or good building practices. • Normal wear and tear, aging, weathering, or corrosion; lack of product maintenance, misuse, or abuse; interior moisture or condensation. Normal weathering includes the gradual fading, chalking, or darkening of any colored surface. • Glass breakage; glass blemishes, scratches, or other imperfections allowable for standard B grade glass under applicable ASTM standards; or reflection of solar energy (sunlight) off of the Product. • Alterations or modifications of the Product or components, such as field mulls, reinstallation, application of tints or films, caulk, or paint finishes; installation of security systems or window coverings; or sources of undue stress, pressure, water, heat, or cold. • Power washing or the use of harsh chemicals such as brick wash, acids, salts, abrasive cleaners, or solvents; Acts of God, or any other condition or cause beyond MI’s control. This Warranty covers only Product confirmed to have a Nonconformity. Where product testing occurs, Owner must give MI prior notice and opportunity to observe, and identify anticipated test methods. Without its prior agreement, MI shall not be required to respond to testing results or extrapolations to non-tested Product, nor shall it contribute to the cost of testing. MI is not responsible for determining the suitability of its products for surrounding building components or wall design. MI products are tested in accordance with procedures established by AAMA and NFRC. The tests measure the performance of sample products in a laboratory setting. MI manufactures its products using the methods and materials used in fabrication of the tested product. However, product components and manufacturing processes involve a range of tolerances which can cause variance among tested values, and in-field evaluation of a product can affect test results as well. For these reasons, MI does not warrant its test results. The thermal performance of many window products are enhanced by insertion of gases into the inner space of the IGU. Given the nature of these gases and technology used to manage them, MI does not warrant specific gas retention or fill levels and performance variation may occur. Requirement Before Initiating Legal Proceeding. Before initiating a legal proceeding against MI under any legal theory, an Owner (past or present) must first give MI notice of its intent to file a legal claim by filling out and submitting the Notice of Legal Claim form available at www.miwindows.com/LegalClaim. Owner must wait 45 days after submitting the Notice of Legal Claim to initiate a legal proceeding in order to allow MI the opportunity to investigate and tender a resolution for issues claimed. Follow the instructions under Warranty Claim Process for standard warranty service requests. Window Safety. Screens on MI products are intended to keep out insects and are not intended to provide security or for the retention of persons or objects. Fall prevention devices, such as window opening control devices, can be installed on windows in order to lessen the risk of accidental falls. If fall prevention devices are desired or required for a window, check with your distributor for options sold by MI. 1 MI’s Eastern Region is all states within The United States other than AK, AZ, CA, CO, HI, ID, MT, NM, NV, OR, UT, WA, and WY. 2 Owner-Occupied Residential Dwelling includes any single-family detached home, townhome, or condominium unit used by the Owner as his/her primary residence. 3 Skilled Labor is labor provided where the work to repair the Product requires special knowledge or skills not possessed by Owner or tools not available to Owner. Minor repairs, such as replacing a sash or lock, do not require Skilled Labor. Effective Date: July 15, 2016 Page 2 of 2 146 | Edition July 2019