Reynaers Aluminium - United States Limited Warranty

Subject to the terms of this limited warranty, Reynaers Inc. (“Reynaers”) warrants that all windows and doors produced by Reynaers will be free of any defects which would impair the use and operation of the systems supplied. This limited warranty is valid only if the systems have been installed by a Reynaers authorized dealer (a “Customer”) or otherwise by a Reynaers acknowledged installer, the Reynaers Operation, Care & Maintenance Manual has been complied with and all other terms and conditions set forth in this limited warranty have been complied with.

Subject to the terms of this limited warranty, Reynaers warrants that aluminum parts treated by Reynaers will not have any detachments, flaking, blisters, discoloring and/or loss of gloss exceeding predefined tolerances (e.g. AAMA 2603, 2604, 2605).

• Painted & anodized finishes: Limited three (3) year warranty against corrosion – unless within 3 miles of salt water, then a Limited one (1) year warranty applies;
• Pre Ano Painted finish: Limited ten (10) year warranty against corrosion.

This limited warranty covers the cost of labor and material to repaint the affected aluminum areas at the site where the product is located.

In case of corrosive atmospheres, a prior agreement must have been reached with Reynaers regarding the surface treatment process.

Subject to the terms of this limited warranty, Reynaers warrants that all glass delivered by Reynaers is free of obstructions between the glass (debris, distortions, discoloration, fingerprints, scratches, …).

Reynaers defers to ASTM Glass Inspection Criteria for acceptable ranges.

• Defective glass: Limited ten (10) year warranty; if glass is deemed defective, Reynaers will supply replacement glass to the Customer for units 60 sq ft or less;
• Laminated glass: Limited three (3) year warranty; if glass is deemed defective, Reynaers will supply replacement glass.

Subject to the terms of this limited warranty, Reynaers warrants that hardware and accessories delivered by Reynaers will be free of any defects, in both material and craftsmanship.

• Properties, functionality and design: Limited five (5) year warranty;
• Wearing parts (but only if used normally and reasonably): Limited two (2) year warranty.

If this limited warranty applies, then repairs on‐site and re‐delivery of faulty products delivered by Reynaers are not included.

This limited warranty is only valid if the following conditions are fulfilled. If any one of these conditions is not fulfilled, all rights of warranty shall be null and void. The burden of proof that the requirements of this limited warranty have been fulfilled shall lie with the party which is making a claim under this limited warranty.

The recommended protective measures were observed, paying special attention that the aluminum constructions must be systematically protected during transport and fitting and this by means of the protection tape prescribed by Reynaers. This tape must be applied on a clean surface and must be removed after a maximum of two (2) months from delivery of the product;

• The aluminum constructions were regularly and competently maintained, using non‐aggressive cleansing agents in accordance with the Reynaers Operation, Care & Maintenance Manual, and particularly according to the following cleaning instructions:
  • method: the aluminum should be cleaned with tepid water with a nonaggressive, pH‐neutral (6‐8), non‐acetose detergent, not containing ammonia. After the cleaning, Reynafinish 60 or an equivalent product should be applied to preserve the color and gloss;
  • frequency: in non‐corrosive atmospheres and provided that the aluminum constructions are exposed to rain: twice a year. In all other cases: 4 times a year.
• The Reynaers Operation, Care & Maintenance Manual form part of this contract and it is the Customer’s sole responsibility to obtain such manual.
• In case of corrosive atmospheres, a prior agreement was reached with Reynaers regarding the surface treatment process;
• Corrosive atmospheres or other risk factors (e.g. limited rain) require more frequent cleaning to be observed by the end customer. Examples of corrosive atmospheres are treated constructions fitted
  • near the coast (<6 mi) or close to estuaries of large rivers (<3 mi);
  • above water (or other areas with a high level of humidity);
  • within industrial area, in particular areas with heavy emission of chemicals, fluorides, gases and ore materials;
  • within important urban area (exhaust of combustion gases);
  • exposure to large traffic (motorways, railways, airports);
  • aggressive atmospheres (e.g. swimming pools, water treatment industry, laboratories, pollution by animals etc.).

This limited warranty is made solely by Reynaers and applies solely for the benefit of the Customer to which this limited warranty was expressly offered by Reynaers and is expressly in lieu of all other warranties, expressed or implied, whether in fact or by operation of law statutory or otherwise. This limited warranty does not apply in any of the following cases:

• When the Customer does not fulfil his or her payment obligations or did not fulfil them punctually;
• Damage caused deliberately or because of human error;
• Incorrect installation;
• Damage caused from an act of God, e.g.
  • civil war, acts of terrorism or sabotage;
  • uprising, revolts, riots, strikes, lock‐outs, claims;
  • volcanic eruptions, earthquakes, floods, tidal waves and all other natural disasters;
  • direct or indirect consequences of explosions, development of heat over 150 degrees Fahrenheit, radioactivity, ionic radiation, poisonous, explosive or dangerous nuclear fuel or waste.
• All damage to the surface treatment:
  • Due to non‐observance of the processing and maintenance regulations as set forth in the Reynaers Operation, Care & Maintenance Manual, wear or normal ageing;
  • Due to deformations of mechanical origin;
  • Which does not influence the normal aesthetic aspect of the aluminum constructions;
  • Due to cleaning with liquids or by contact with liquids or materials which the surface treatment cannot chemically resist.
  • Color differences which could be noticed BEFORE fitting should be reported before fitting and can consequently not give cause for replacement of the elements;
  • Metallic colors and structure metallic colors: for these a warranty is only given with regard to adherence, not concerning properties and/or visual aspects;
  • Damage caused after production as a result of non‐Reynaers handled transport(s) to and at the site during the construction phase;
  • Damage as a result of a continuous or abnormal immersion in watery solutions, except in case of explicit prior acceptance by Reynaers (expressed in writing).
  • Damage due to contact with materials, such as certain metals (copper, lead, …) which can cause a galvanic couple, timbers (oak, walnut, …) which can secrete an acid which can corrode the metal, and lime or cement which are very alkaline and which can permanently damage the surface;
  • Screen mesh damage;
  • All claims for compensation of special, indirect, punitive, consequential, incidental damages or any other non‐out‐of pocket direct damages (including loss of enjoyment, unemployment, immobilization, depreciation);
  • Delay in the execution of repairs or possible preventive touching‐up which was decided on as a result of inspections, controls or tests;
  • Direct or indirect damage as a result of the development of cracks, bursts or corrosion in the aluminum constructions which were deformed or bent after the application of paint or anodizing;
  • When third parties, without explicit prior acceptance by Reynaers expressed in writing, have carried out work on the aluminum constructions;
  • When special regulations regarding the painting processes/anodization processes and maintenance to be applied where the aluminum products are located in special atmospheres (near the coast, industry, aggressive atmospheres, swimming pools, etc.) were not observed;
  • In the event of any alteration of or interference with the product by the Customer: no warranty is given with regard to corrosion or filiform corrosion;
  • The system warranty is no longer valid when using non‐Reynaers components or performing non‐Reynaers modifications (or modifications not approved by Reynaers, expressed in writing). 
  • Glass cracks, runs, spontaneous breakage or any surface damage, rattling of grids between glass panes, normal tempering distortion, failure resulting from installation in high moisture areas, failure to order breather tubes when needed or properly close them, film applied glass, butt joined glass, uniform finish fading, finish crazing at joints on lighter anodizing shades.

Products must be properly installed and maintained. Systems must be installed by a Reynaers authorized dealer or otherwise by a Reynaers acknowledged installer, according to Reynaers catalogues and instructions. Systems must also be frequently maintained, using non‐aggressive cleansing agents in accordance with Reynaers Operation, Care & Maintenance Manual. Corrosive atmospheres or other risk factors (e.g. limited rain) require more frequent cleaning. For instructions on how to correctly maintain Reynaers systems, refer to the Reynaers Operation, Care & Maintenance Manual *. If the above requirements are not met, this limited warranty is null and void. The burden of proof that the

requirements have been fulfilled shall lie with the party which makes a claim under this guarantee.

The standard Dealer “Terms & Conditions” are part of this limited warranty and are available upon request.

* For a complete set of cleaning and maintenance products, see overview below.

The warranty period of this limited warranty starts the day the product leaves the factory, as defined by Reynaers. When making a claim, a Reynaers Invoice number is needed for the claim to be valid. This limited warranty is only valid to the Customer to whom the products were sold and is not transferrable. The decision whether to replace or repair any products covered by this limited warranty shall be made by Reynaers in its sole discretion.

Any disputes arising out of or related to this limited warranty shall be heard and determined by the courts in the county of Maricopa, State of Arizona. The exclusive forum for any such dispute between Customer and Reynaers will be such courts. Any claim made under the provisions of this limited warranty must be made in writing and addressed to:

Reynaers Inc.

21430 North 15th Lane, Suite 100

Phoenix, AZ 85027

THIS LIMITED WARRANTY IS IN LIEU OF ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS LIMITED WARRANTY DOES NOT COVER, AND REYNAERS SHALL NOT BE LIABLE FOR, ANY SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, INCIDENTAL DAMAGES OR ANY OTHER NON‐OUT‐OF POCKET DIRECT DAMAGES, WHETHER ARISING OUT OF CONTRACT, TORT OR OTHERWISE, AND REYNAERS’ LIABILITY WILL IN ALL INSTANCES BE LIMITED TO THE REPAIR OR REPLACEMENT OF THE DEFECTIVE PRODUCT.

This limited warranty is only applicable in the U.S.A.

This limited warranty gives you specific legal rights, and you may also have other rights which may vary from state to state. Some states do not allow the exclusion or limitation of certain damages, so nothing contained herein shall be deemed to contradict applicable law. This limited warranty provides Customer specific legal rights, and such Customer may also have other rights which vary from state to state.

When the paint coat has partly disappeared because of damage, it may be touched up by using the touch‐up pencil which is available in all colors offered by Reynaers.

Reynatape: to avoid mechanical and/or other damage (e.g. cement, lime or paint) to the aluminum oneshould use the white PVC ‘Reynatape’. This protective tape, available in different widths, protects your aluminum constructions whilst other work is being carried out. The tape shouldnot remain on the aluminum for more than 2 months.

Remark:

Reynatape doesn’t attach on structure coatings. For this application a red protective tape is available.