MERCER ORIGINAL HOMEOWNER’S
VINYL PRODUCTS LIFETIME WARRANTY
FOR AS LONG AS YOU OWN AND RESIDE IN YOUR HOME ON MERCER VINYL WINDOW AND PATIO DOOR PRODUCTS INSTALLED IN
OREGON, WASHINGTON, CALIFORNIA, IDAHO, NEVADA, AND HAWAII AFTER AUGUST 1, 2006
(MERCER) guarantees to the original customer purchaser (“Original Purchaser”) of Mercer factory glazed vinyl windows and sliding patio doors (hereinafter referred to as “Products”) installed in an original purchaser occupied single family home or multi-family home unit (“Home”) by the builder as new construction, or by the Original
Purchaser as replacements, that it will, at its option, repair at no charge (parts and/or labor), furnish replacements for defective parts*, or provide finish touch up kits for any such Mercer Products** that are defective in materials or workmanship, provided that Mercer receives prompt notice (i.e. within 30 days) of occurrence of such defective materials or workmanship. If repair is not commercially practical or cannot be timely made, then Mercer, at its option, may provide replacement Product only, or refund Mercer’s original sales price. Repair labor, if any, furnished under this Warranty must be by Mercer pre-authorized repair personnel.
This warranty extends to the “Original Purchaser” of Mercer Products installed in a “Home” provided the warranty registration form available at www.mercer-industries.com (click on
warranty tab then “warranty registration – home”) is completed promptly after purchase. The Warranty starts on the date of recording of valid notice of completion of the Home as new construction or installation of Mercer “Products” in the Home as replacements (“Beginning Date”) and remains effective as long as the “Original Purchaser” owns and resides in the Home. In addition, if the Original Purchaser sells the Home before ten (10) years has elapsed after the Beginning Date, Mercer will extend full coverage under this Warranty to the new owner(s) of the Home and any subsequent owners, until the tenth (10th) anniversary of the Beginning Date.
EXCLUSION FROM COVERAGE
This warranty does not cover defects or damage related to misuse; abuse; alteration including but not limited to customer applied finishes or the use of applied tints or films; normal wear and tear; settlement, defection, or failure of surrounding structure; natural weathering of exterior finishes; impact of foreign objects; vandalism; acts of Nature (e.g. fire, flood, hurricane, hail, etc.); Argon gas loss through sealant; improper installation***, storage or handling; or wind or rain loads in excess of the AAMA certified tested performance rating of the product. (Original Purchaser, and their architect and builder, is responsible for selecting Mercer products that meet or exceed design pressure requirements dictated by the Home location and exposure, local building codes, and good judgment and prudence). This warranty also does not cover insulating glass failure due to enclosed high heat or moisture environments (e.g. pools, saunas, solariums); or exposure to chemical cleaners, paints, stains, solvents, incompatible caulks and sealants, sprinkler systems, air born pollutants, chlorine vapors, or excessive buffeting or vibration. Product that is installed in tilt wall, sloped out of vertical pane, or flat skylight applications is excluded. Normal wear, including discoloration, on hardware component finishes is not a defect and is not covered by this Warranty. Loss of function of hardware (except as provided below for stainless steel hardware****) in highly corrosive environments, which includes any Home located within two miles of salt water and any Home located in the State of Hawaii, is also excluded from coverage. This Warranty does not apply to any Mercer Products that are installed in a Home that has a non-drainable EIFS or DEFS siding product. Mercer must be paid in full for all Products or this warranty is void. Mercer reserves the right to change or discontinue parts, components, or any window or patio door it manufactures. If Mercer determines that repair or replacement of a defective part or component is not possible because the part or component has been changed or discontinued,
Mercer reserves the right to supply a comparable part, or if a comparable part or component is not
LIMITATIONS ON REMEDIES
This is Mercer Industries, Inc. sole warranty with respect to Products. No other warranty of any kind, express or implied, is made and all implied warranties of merchantability and fitness for a particular purpose or use or any other matter are disclaimed and excluded where said disclaimers are not prohibited by applicable state or federal law. The remedy provided in this limited warranty is in lieu of all incidental, special or consequential damages, and is in lieu of all claims in contract, tort, negligence and strict liability.
available, to supply a comparable entire product. Mercer shall not be liable in the event material varies in color or gloss in comparison to the original product as a result of normal weathering.
This Warranty gives you specific legal rights, and you may have other rights which vary from state to state.
To obtain service under this Warranty, contact Mercer at (503) 526-3671 or access Mercer’s website at www.mercer-industries.com, click on warranty tab, the service request.
* INSULATING GLASS
Mercer’s warranty with respect to insulating glass factory glazed into its window or door products under the name “Mercer” is that the glass will be free from material obstruction of
vision resulting from dust or other foreign particles collecting on the inside (air space) surface of the glass in accordance with Mercer’s glass defects policy (copies available upon request) and warranty conditions of Mercer’s flat glass suppliers.
Mercer will, at its option, repair at no charge (parts and/or labor), or ship a replacement screen or screen door to the Original Purchaser, for any Mercer window or patio door screen and mesh that is defective in materials or workmanship for a period of one-half (0.5) year after Beginning Date.
*** IMPROPER INSTALLATION
If the Mercer Product is not properly stored, handled or installed per approved Mercer shop drawings supplied for the Home, catalog details, or instructions back printed on the Mercer window or door label, and all references to AAMA approved installation methods contained therein, this warranty is void. Proper head flashing, compatible sealant bedding behind mounting fin, and integration of flashing with adjacent wall building paper wrap are required and supplied by others. This warranty does not cover water leaks or air infiltration in surrounding structure provided by others.
Mercer will, at its option, repair at no charge (parts and/or labor), furnish replacements for defective parts, or provide finish touch up kits or lubricant for stain