LIFE TIME SPRAY FOAM WARRANTY
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APEX4LIFE WARRANTY CERTIFICATE
APEX warrantees its spray foam insulation systems for the life of the building, and this warranty is transferable from one owner to the next. Check all your insulation alternatives – you probably won’t find such a comprehensive warranty from any other contractor.
LIFETIME LIMITED WARRANTY
Apex Building Company LLC (“APEX”) warrants that APEX spray foam insulation system (the “Product”) will meet the manufacturer written specifications, as indicated in the product’s technical data sheet published at the time of the purchase. Our Services are intended for installation only by APEX trained professional serving the commercial, industrial, and residential markets. APEX and its employed technicians assume full responsibility for (a) determining the most appropriate product for the specific application, (b) testing, (c) quality control, and (d) installation.
This Warranty is in effect throughout the life of the building, provided the original purchaser registers the Warranty Registration Form with the APEX Estimating Department within 30 days of occupancy.
APEX’s sole responsibility under this Warranty is to repair or replace the defective or non-conforming Product at the original cost of the labor only, subject to inspection of property. APEX is responsible for original cost of material if not provided by Manufacturer Product Warranty.
APEX’S OBLIGATIONS ARE LIMITED AS SET FORTH BELOW:
APEX is not responsible for costs whatsoever in connection with the removal of the original installation.
APEX is not liable for (a) defects or failure caused by improper storage at jobsite; (b) an installation not in strict adherence with APEX’s written instructions; (c) any damage due to fire, storms, other Acts of God, abuse, neglect, or accident; (d) defects, failure, or damage caused by materials adjacent to the Product; (e) damage caused to the products or property of others; or (f) damage caused by alteration following completion of the installation of the Product.
Statements about the performance qualities of the Product made by APEX Employees or Customers or contained in advertising literature do not constitute an express warranty.
Disclaimer: This warranty is made in lieu of, and expressly excludes, all other warranties and conditions, whether written or oral, express or implied, arising under statute (including specifically any statute governing the sale of goods), or in tort, or by implication of law or otherwise. Further, APEX excludes liability, whether as a result of breach of contract or express or implied warranty, negligence or strict product liability, for special, indirect, incidental or consequential damages including without limitation: (a) loss of use, loss of work in progress, down time, or loss of income or profits; (b) cost of removing, installing, or reinstating any repair of replacement; (c) lawyer’s fees; or (d) liability the original purchaser may have with respect to any other person. There are no other warranties or guarantees extending beyond the description set forth in this Warranty.
HOW THE LAW APPLIES TO THIS WARRANTY
This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. U.S. federal warranty law prohibits the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to you.
WHERE SPECIFIC PROVISIONS OF THIS WARRANTY DO NOT APPLY
To the extent any provision of this Warranty contravenes the law of any jurisdiction (federal, state or provincial), such provision will not be applicable to that jurisdiction. However, the remainder of the Warranty will not be affected. If the Terms of Contract and this Warranty conflict in language, then this Warranty shall take precedence.
HOW TO MAKE A CLAIM
To make a claim under this Warranty, the customer must notify APEX in writing within 30 days of discovery of alleged defect and must submit with this notice (a) the name and address of its APEX Representative, (b) proof of the date of purchase and the date of completion, (c) the property location, and (d) a description of the circumstances under which the defect occurred or was first noticed.
NOTICE SHALL BE GIVEN IN WRITING TO
ESTIMATING DEPARTMENT
Apex Building Company LLC
P.O. Box 945
Milan, TN 38358
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