10-year limited warranty on Arka products
ARKA Windows and Doors Incorporated (“ARKA”) guarantees to the Original Commercial Purchaser or Original End-User of ARKA windows or doors (hereafter referred to as “Products”) installed in (i) a single family home or a multi-family home unit or (ii) a building used for commercial, governmental, fraternal or religious purposes (collectively a “Covered Building”) as new construction or as replacements, that ARKA will, at ARKA’s option, either repair or replace any Products that are found to be defective in materials or workmanship during the ten (10)-year warranty period defined in the Warranty Details Schedule below (“Warranty Period”) provided that ARKA receives prompt notice of such defective materials or workmanship. ARKA will pay the costs of parts and labor, except that the Original Commercial Purchaser or Original End-User must provide at no cost to ARKA any scaffolding or lift equipment that may be required to repair or replace the Products (e.g. because of the height or location of the Covered Building). If repair or replacement is not commercially practical or cannot timely be made, then ARKA will refund the purchase price. The foregoing remedies are the exclusive remedies for breach of warranty.
PERSONS COVERED AND DEFINITION OF WARRANTY PERIOD
This Limited Warranty extends to the Original Commercial Purchaser or Original End-User of ARKA Products installed in a Covered Building and is not assignable. The Warranty Period starts on the date of the accepted delivery of the Products (“Start Date”) and expires according to the Warranty Details schedule listed below. In addition, if the Original Commercial Purchaser sells a Covered Building before the expiration of the Warranty Period, ARKA will automatically extend the coverage under this Warranty (subject to the same limitations and exclusions) to the new End-User only.
Warranty Details Schedule for manufacturing defects:
- 10 years structural and exterior warranty
- 5 years hardware warranty
- 5 years glass warranty
- 3 years seals and gaskets warranty
- 1 year motorized systems and electrical parts
EXCLUSIONS FROM COVERAGE This Warranty does not cover damage or defects relating to misuse (please see the guide on how to properly care for your Products on ARKA website), abuse, the use of applied tints or films, broken glass, alterations including but not limited to customer-applied finishes, minor imperfections in glass that do not affect the Product’s structural integrity or significantly obscure vision, normal wear and tear including but not limited to natural weathering of exterior finishes, broken glass, acts of nature (e.g. fire, hurricane, etc.), condensation (moisture or ice forming on the surface of the glass or frame) or damage as a result of condensation (except to the extent such condensation or damages from such condensation are caused by failure of the Product), improper storage, improper handling, improper installation or failure to properly care for and maintain ARKA Products. Normal wear, including discoloration, on hardware component finishes is not a defect and is not covered by this Warranty. Loss of functionality of hardware in highly corrosive environments, which includes any Covered Building located within two miles of salt water and any Covered Building located in the State of Hawaii, is excluded from coverage unless the materials specifically designed for such high corrosive environments are used during the manufacture of Products. For ARKA Products with argon or krypton gas-filled insulating glass, ARKA injects the gas at the time of manufacture. The gradual dissipation of inert gas may occur naturally over time and is not a defect. Other than gas loss due to seal failure, this warranty does not cover the gradual dissipation of inert gas or the amount of inert gas remaining in the ARKA Products at any time after manufacture. This Warranty does not apply to any Products that are installed in a Covered Building that has a non-drainable EIFS or DEFS siding product. ARKA reserves the right to modify or discontinue any of its Products. For the repair or replacement of modified or discontinued Products, ARKA will have the right to substitute current Products and components of equal quality and as similar in appearance as possible. ARKA will not be obligated to replace discontinued Products and components for which no similar alternatives are available.
THE WARRANTY WILL BE DECLARED NULL AND VOID IF INSTALLATION AND/OR MAINTENANCE IS PERFORMED BY A THIRD PARTY NOT APPROVED BY ARKA.
DISCLAIMER OF WARRANTY
Except for the express warranty contained herein, ARKA extends no other warranties, whether express, implied, or statutory, and ARKA expressly disclaims the implied warranties of merchantability and fitness for a particular purpose.
LIMITATION OF REMEDIES
In no event will ARKA be liable for incidental, indirect, special, or consequential damages, whether based on breach of express or implied warranty, breach of contract, negligence, strict liability or any other legal theory. Such damages include, but are not limited to lost rents or profits, loss of use, claims of third parties and property damage. The statute of limitations applicable to all claims arising under this Warranty shall be one (1) year from the date the defect in the Products is discovered. ARKA reserves the right to modify the warranty schedule.
To obtain service under this Warranty, contact us at +1 (323) 522-4833 or access ARKA’s website at www.arkawindowsdoors.com. Please keep this certificate in your files.