PERMAPANE INSULATING GLASS
EXPRESS EXCLUSIVE LIMITED WARRANTY
Subject to the following limitations and conditions, MLC Glass warrants for a period of ten (10) years after
the date of substantial completion as listed herein, or if not listed, date of manufacture as marked on an
individual Permapane Insulating Glass Unit (Unit) to which this Express Warranty applies, or five (5) years
from the date of manufacture in the case of units containing internal muntin bars(s) or grid(s), there will be
no material obstruction of vision through the Unit due to the accumulation of dust, moisture, or film on the
internal surfaces of the glass of the Unit as a result of the failure of the Unit’s seal caused by faulty
manufacturing. Component warranties for individual glass lites comprising the Unit, such as, but not limited
to, laminated glass spandrel coatings, pyrolitic, or vacuum coated glass products are limited to the original
manufacturer’s warranty, if less than five (5) years. The replacement unit for any Unit replaced under this
limited warranty will be covered by the same exclusive limited warranty, but only for the balance of the
original warranty period. This exclusive, limited warranty is only extended to Buyer and is not extended and
shall not apply to any person or entity other than Buyer. The warranty provisions set forth herein are part of
MLC’s terms and conditions of sale that are applicable to any and all sales by MLC.
Specific Exclusions to Express Limited Warranty:
The forgoing warranty does not apply to
(a) Units in excess of fifty (50) square feet;
(b) perimeter glazing materials that are not compatible
with the organic thematic seal;
(c) seal failure caused by cracked glass, chipped glass, broken glass or
other damage of a Unit;
(d) Unit(s) that have been retrofitted with a solar contact film adhered by any glass
surface;
(e) a Unit installed in a high moisture environment, including without limitation swimming pool
enclosures and greenhouses;
(f) a Units installed in a high vibration environment, including without limitation motor vehicles, trailers,
water craft, aircraft and airports;
(g) a Unit installed in sloped glazing;
(h) a Unit for which the original purchaser did not pay in full;
(i) a Unit installed outside the limits of the
Continental United States; and
(j) a Unit that has not been stored or installed in a good and workman like
manner and glazed in accordance with the GANA glazing manual, and other standard industry practices,
and any instructions from MLC, including, but not limited to, the following instructions, which Buyer agrees
to follow:
1. Caution:
Any tempered glass Units must not be modified or receive any
fabrication such as grinding, drilling, sand blasting, etc., subsequent to
tempering. Such modification or additional fabrication may seriously
weaken the glass or impair its tempered characteristics. Tempered glass
should not be exposed to temperatures at or in excess of 400 F for any
sustained period of time.
2. Caution:
Federal, state and local laws require the use of safety glazing
situations. The use of non-safety glazing materials in these situations
is unlawful and hazardous. Buyer is solely responsible for specifying
and using the appropriate glazing material to insure non-safety glazing
materials are not used in or resold for use in hazardous or illegal situations.
No Modification of Warranty:
No dealer, distributor, installer, contractor or sales representative of MLC has
the authority to alter or modify any warranty contained herein, make any warranty or make any
representation as to suitability of use, either orally or in writing, and any such alteration, modification or
warranty or representation shall be ineffective as against MLC, unless agreed to in writing by an officer of
MLC.
Bars to Recovery: BUYER ACKNOWLEDGES THAT IT SHALL BE REQUIRED TO INSPECT ALL
GOODS AT THE AGREED DELIVERY POINT AND SHALL WAIVE ANY RIGHT TO OBJECT TO
CONDITION OF ANY GOODS BASED ON ANY DEFECT THAT THE INSPECTION DOES OR SHOULD
REASONABLY REVEAL AND THAT BUYER DOES NOT OVJECT TO AT THE TIME OF INSPECTION.
BUYER SHALL WAIVE ANY RIGHT TO OBJECT TO THE CONDITION OF ANY GOODS IF BUYER
FAILS TO MAKE ITS INSPECTION UPON DELIVERY OF SUCH GOODS BY THE CARRIER.
It is a
condition precedent to recovery on any warranty contained herein that Buyer comply with all MLC’s
instructions, including without limitation storage, use, glazing and installation instructions. It is expressly
understood and agreed that unreasonable use, improper storage, glazing or installation, use beyond the
normal fashion, failure to follow instructions, failure to maintain goods in good condition and repair shall bar
Buyer from any recovery on any warranty contained herein. In the event Buyer discovers a defect by which
it is reasonable to conclude that damage, either personal, property or economic, may result, Buyer’s
continued use of the Goods shall constitute an assumption of the risk of buyer and a bar to any recovery of
any warranty.