TEN YEAR LIMITED WARRANTY
Moli Construction Materials, LLC dba Moli Windows and Doors (“Moli Windows and Doors”) guarantees and warrants, to the original single family homeowner (for residential properties), or original purchaser (for commercial properties), that each window and door product shall be free of defects in workmanship and materials (including, hardware, rubber strip), for a period of ten (10) years from the invoice date, subject to the conditions and limitations stated below, and only for so long as the original owner owns the property where the windows and doors are installed (“Workmanship & Materials Limited Warranty”).
If any such failure occurs during the first ten (10) years from the invoice date, Moli Windows and Doors will provide the replacement parts necessary to make the repairs, without charge, FOB nearest Moli Windows and Doors’ shipping point or provide a refund equal to the cost of such replacement parts. The warranty on the replacement parts will extend only for the balance of the warranty period of the original product. In no case shall Moli Windows and Doors be responsible for the cost of labor, installation, sales tax or any other associated cost, for either the original or the replacement parts. The original guarantee and warranty period shall not be extended by any repair or replacement.
Additional express limited warranties may be offered by third-party component manufacturers.
EXCEPTIONS
Glass Units
The warranty terms applicable to glass units vary by glass manufacturer; please contact us for details.
Profile Finishes
Moli Windows and Doors hereby warrants its powder coating window and door finishes against peeling or blistering from the applied surface and significant ultraviolet discoloration for a period of six (6) years from the invoice date. From the second to sixth year, Moli Windows and Doors’ sole obligation shall be to provide paint for any claims regarding painted window and door finishes.
Optional Accessories
This warranty does not cover optional product accessories, parts, add-ons, equipment, supports, caps, screens, safety or panic hardware, or other aftermarket items, whether or not affixed to Moli Windows and Doors’ products and whether or not manufactured by Moli Windows and Doors or other third-parties. Third-party manufacturer warranties may apply; please contact us for details.
International Sales
For products installed outside of the United States, Moli Windows and Doors’ liability under this warranty shall be limited to the replacement of nonconforming products or, at Moli Windows and Doors’ sole option, refund the amount of the purchase paid to Moli Windows and Doors for defective products. Moli Windows and Doors shall not be responsible for on-site inspections or repairs.
DISCLAIMERS AND LIMITATIONS
Limitation of Warranty
MOLI WINDOWS AND DOORS DOES NOT MAKE ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE. NO IMPLIED WARRANTY SHALL EXTEND BEYOND THE PERIODS COVERED BY THIS EXPRESS LIMITED WARRANTY. This disclaimer of implied warranties may be limited or ineffective if you are a consumer, as that term is defined by the Magnuson Moss Act, 15 U.S.C. § 2301, in which case the duration of any implied warranties shall be ten (10) years from the invoice date. Some states do not allow limitations on how long an implied warranty lasts for consumers, so the above limitation may not apply to you, in which event the manner of presenting any claim thereon shall be the same as provided in the express warranties stated herein. This Limited Warranty gives you specific legal rights, and you may have additional rights, which vary from state to state.
Limitation of Liability
This Limited Warranty sets forth the maximum liability for our products. IN NO EVENT (INCLUDING WHERE THIS LIMITED WARRANTY IS DEEMED NOT TO APPLY TO THE SALE OR PRODUCT IN QUESTION) SHALL MOLI WINDOWS AND DOORS BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES RESULTING FROM THE SALE, INSTALLATION OR USE OF ANY MOLI WINDOWS AND DOORS PRODUCTS. Some states do not allow the exclusion or limitation of incidental or consequential damages for consumers, so the above limitation or exclusion may not apply to you.
Limitation of Remedy
THE EXCLUSIVE REMEDY OF THE BUYER AND/OR USER, AND THE SOLE LIABILITY OF MOLI WINDOWS AND DOORS FOR ANY AND ALL CLAIMS, LOSSES, INJURIES OR DAMAGES (INCLUDING CLAIMS BASED ON BREACH OF WARRANTY, CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR OTHERWISE) RESULTING FROM THE SALE, INSTALLATION OR USE OF THESE PRODUCTS, SHALL BE, AT THE OPTION OF MOLI WINDOWS AND DOORS, THE REPAIR OR REPLACEMENT OF THE PRODUCT OR THE RETURN OF THE ORIGINAL PURCHASE PRICE OF THE PRODUCT, AS PROVIDED HEREIN. IN NO EVENT SHALL THE LIABILITY OF MOLI WINDOWS AND DOORS EXCEED THE PRICE PAID FOR THE PRODUCT. Replacement products shall be a reasonably similar current product and may not exactly match the original. Even where Moli Windows and Doors chooses to repair or replace product within ten (10) years of the date of sale, the costs covered by this warranty do not include any labor or material costs associated with finishing space surrounding or adjacent to the repaired or replaced product, including furnishing any trim or other carpentry work. A replacement product provided pursuant to this Limited Warranty shall be subject to the Limited Warranty only for the remainder of the original warranty period on the product being replaced. If Moli Windows and Doors or its authorized dealer provides any of the remedies identified in the Limited Warranties above (i.e., repair, replacement of product or refund of the purchase price), then Buyer and/or User agree that this limitation of remedy shall not have failed of its essential purpose.
Disclaimer – What This Limited Warranty Does not Cover
Moli Windows and Doors is not responsible for and makes no warranty as to:
1. Defects and/or damage caused by:
2. Installation inconsistent with Moli Windows and Doors’ installation instructions, including:
CONDITIONS AND PROCEDURES
Procedures
A warranty claim must be made in writing to the Moli Windows and Doors directly at 2828 N Central Ave, Suite 1027, Phoenix, AZ 85004 and include: (1) your name, address, and telephone number; (2) proof of purchase; (3) Moli Windows and Doors order number; (4) proof of home ownership; (5) the date the alleged condition was first observed; and (6) a specific description of the alleged condition. All warranty claims must be made as soon as practicable after discovery of the alleged condition and in all events within the applicable warranty period and prior to the beginning of any repair work. Moli Windows and Doors reserves the right to inspect any and all units alleged to be defective, including but not limited to having the unit returned to the factory or third party for inspection.
Arbitration of Disputes
YOU and Moli Windows and Doors AGREE TO ARBITRATE DISPUTES ARISING OUT OF OR RELATING TO YOUR MOLI WINDOWS AND DOORS PRODUCTS AND WAIVE THE RIGHT TO HAVE A COURT OR JURY DECIDE DISPUTES. Such arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) for U.S. Sales, except that the Arizona Rules of Evidence shall apply. The arbitration need not be conducted by or through AAA. YOU WAIVE ALL RIGHTS TO PROCEED AS A MEMBER OR REPRESENTATIVE OF A CLASS ACTION, INCLUDING CLASS ARBITRATION, REGARDING DISPUTES ARISING OUT OF OR RELATING TO YOUR MOLI WINDOWS AND DOORS PRODUCTS.
Any person or entity making a claim under this warranty (collectively “Claimants”) waives any and all rights to: (1) assert any claim against Moli Windows and Doors on a representative or collective basis; (2) represent or participate in any class action against Moli Windows and Doors; (3) join any third-party’s claims in a single arbitration against Moli Windows and Doors; or (4) consolidate Claimants’ arbitration with Moli Windows and Doors with any other arbitration involving a third-party. Nothing in this section shall prevent Moli Windows and Doors, in its sole discretion, from joining or consolidating any arbitration with Claimant with an arbitration between Moli Windows and Doors and a third-party regarding the same claim or transaction. In the event of any conflict between this provision and the AAA Commercial Arbitration Rules, this provision shall control. Any judgment on the award rendered by the arbitrator may be entered in any U.S. court having jurisdiction.
Entire Agreement
With the exception of a written statement signed by an authorized Moli Windows and Doors representative, this Limited Warranty and all the terms contained herein constitutes the entire agreement between Moli Windows and Doors or its authorized dealer and Buyer and/or User. This Limited Warranty, including all Limitations of Liability contained herein, is made a part of any such written agreement, unless expressly excluded therein. By purchasing or using the product covered by this Limited Warranty, Buyer and/or User agree that they are not relying on any oral statements made by anyone that are in any way contrary to this Limited Warranty.
No Amendment Except in Writing.
Moli Windows and Doors offers this product, and Buyer and/or User accepts it, subject to the foregoing Limited Warranty, which may be modified only by written agreement signed by a duly authorized representative of Moli Windows and Doors.
