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Limited
Warranty
Delamination:
SIPS Worldwide, LLC.’s Structural Insulated Panels
(SIPs) are warranted not to delaminate for the lifetime of the SIPs provided
said SIPs were specified, utilized and installed in a correct and proper manner,
in accordance with 1) the standards and specifications established by SIPS
Worldwide, LLC.’s and/or Platinum Advanced Technologies, Inc.’s Installation
Manual and 2) standard building practices, and: wherein said delamination
interferes with and/or impairs the ability of the SIPs to perform as intended by
SIPS Worldwide, LLC..
Materials
and Workmanship:
SIPS Worldwide, LLC.’s SIPs are warranted against
defects in materials and/or workmanship for a period of ten (10) years from the
date of manufacture provided said SIPs were specified, utilized and installed in
a correct and proper manner, in accordance with 1) the standards and
specifications established by SIPS Worldwide, LLC.’s and/or Platinum Advanced
Technologies, Inc.’s Installation Manual, and 2) standard building practices,
and: wherein said defects interfere with and/or impair the ability of the SIPs
to perform as intended by SIPS Worldwide, LLC.. This warranty is extended only
to the original purchaser or the original property owner where SIPS Worldwide,
LLC. SIPs were installed, and this warranty is otherwise non-transferable
without the written consent of SIPS Worldwide, LLC.
Definitions:
Delamination is defined as visible separation of the
bond of the polyurethane foam core from the surface of the panel skin. Lifetime
is defined as a period of time while the building structure is in good condition
and sound, and the SIP is in good condition and is still useful.
Exceptions:
This warranty does not cover delamination or defects
due to:
1.) Fire, floods, natural disaster or any acts of God.
2.) Improper handling, storage, use or installation.
3.) Water or moisture damage.
4.) Faulty construction, settling of the building
foundation, or movement of the structure.
The
SIPS Worldwide, LLC. Commitment:
If our SIPs are found to delaminate or be defective in
materials and/or workmanship during the warranty period(s) as listed above, SIPS
Worldwide, LLC, will provide to the purchaser or original property owner,
replacement SIPs as originally purchased. Notification of any claims shall be
made to SIPS Worldwide, LLC, and must be made in writing immediately upon
detection or perception of defective SIPs. SIPS Worldwide, LLC reserves the
right to inspect the said defective SIPs by an authorized representative prior
to the settlement of any claim. SIPS Worldwide, LLC.’s sole responsibility for
delamination and/or defects in materials or workmanship is as set forth in this
warranty and SIPS Worldwide, LLC. and/or Platinum Advanced Technologies, Inc.
will not be responsible for incidental, indirect or consequential damages. This
warranty is subject to local, state, federal and statues, regulations and alike.
NO
OTHER WARRANTIES OR GUARANTEES:
THIS
LIMITED WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER GUARANTEES OR WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE AND THIS LIMITED WARRANTY IS THE BUYER’S EXCLUSIVE
WARRANTY FROM SIPS WORLDWIDE, LLC. AND/OR PLATINUM ADVANCED TECHNOLOGIES, INC.
FOR DEFECTS IN WORKMANSHIP.
JURISDICTION/ARBITRATION:
This
Limited Warranty shall be governed exclusively by the laws of the state of
Florida
, without giving effect to its conflict of laws principles. Any controversy or
claim arising out of or relating to this Limited Warranty shall be settled by
arbitration before a single arbitrator in
Manatee County
,
Florida
in accordance with the rules, then obtaining, of the American Arbitration
Association, and judgment upon any award rendered may be entered exclusively in
the Manatee
County,
Florida
Superior Court. The Buyer irrevocably consents to the jurisdiction and venue of
the Manatee County Superior Court for the exclusive enforcement of any
arbitration award.
SEVERABILITY:
In
the event any provision of this Limited Warranty shall to any extent be invalid
or unenforceable, the remainder of this Limited Warranty or such provision shall
not be affected and continue in full force and effect to the fullest extent
permitted by
Florida
law. In the event the application of any provision of this Limited Warranty to
any person(s) or event shall to any extent be invalid or unenforceable, then its
application to such person(s) or events other than those to which it is held
invalid or unenforceable shall not be affected thereby. Each term, covenant, and
condition of this Limited Warranty shall be valid and enforced to the fullest
extent permitted by
Florida
law.
ENTIRE
AGREEMENT; NO ORAL MODIFICATION:
This
Limited Warranty contains the entire understanding and agreement of the Buyer
and SIPS Worldwide, LLC with regard to the subject matter hereof and there have
been no promises, representations, agreements or undertakings, either oral or
written, except as set forth herein. No representative, employee or agent of
SIPS Worldwide, LLC, or any other person, has any authority to assume for SIPS
Worldwide, LLC any additional or other liability or responsibility of SIPS
Worldwide, LLC with respect to the installation of SIPS Worldwide, LLC ‘s
SIPs. Any changes or modifications to this Limited Warranty must be in writing
and signed by an authorized employee of SIPS Worldwide, LLC.
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