Products Subject to this Limited Warranty
This Limited Warranty applies only to
fiberglass insulation manufactured and sold by Knauf Insulation
GmbH (“Knauf Insulation”) (the “Products”).
Who is Entitled to this Limited Warranty
Knauf Insulation grants this Limited Warranty
solely in favor of the original purchaser of the Products (the
“Original Purchaser”), but to no other person or entity
whatsoever. No person or entity, other than the Original
Purchaser, shall have any right to assert any claim under this
Limited Warranty, or otherwise, in connection with the
Products. This Limited Warranty is personal to the Original
Purchaser and may not be transferred by the Original Purchaser to
any other person or entity, by contract, operation of law, transfer
of the property into which the Products are installed, or
otherwise.
Length of this Limited Warranty
This Limited Warranty shall begin on the date
the Products are sold by Knauf Insulation to the Original Purchaser
and shall continue for a period of 1 year thereafter (such period
of time, the “Warranty Period”), after which this Limited Warranty
shall expire and be of no further force or effect. FURTHER,
ALL WARRANTIES IMPLIED BY APPLICABLE LAW, INCLUDING ANY WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABILITY, SHALL
(TO THE EXTENT PERMITTED BY APPLICABLE LAW) BE LIMITED TO AND
EXPIRE AT THE END OF THE WARRANTY PERIOD.
What is Warranted
Subject to the conditions and limitations set
forth in this Limited Warranty, Knauf Insulation warrants to the
Original Purchaser that during the Warranty Period the Products
will be free from manufacturing and design defects.
What Knauf Insulation Will Do
In the event that any Product fails to comply
with this Limited Warranty, Knauf Insulation will either replace
the defective Product at its cost or refund the purchase price paid
by the Original Purchaser for the defective Product upon authorized
return of the defective Product. Knauf Insulation shall elect the
remedy in its sole and absolute discretion.
In the event Knauf Insulation elects to
replace any defective Product, Knauf Insulation may replace the
defective Product with the same type of fiberglass insulation or
with any fiberglass insulation product it deems comparable in terms
of quality or price. In such event, the costs of shipping any
replacement fiberglass insulation shall be paid by the Original
Purchaser and Knauf Insulation shall not be liable for any other
costs or expenses, including any labor charges or any other
expenses in connection with removal or installation of either the
original or replacement insulation.
In the event Knauf Insulation elects to offer
the Original Purchaser a refund for any defective Product, Knauf
Insulation shall promptly refund the Original Purchaser an amount
equal to the original purchase price for the defective Product and
shall have no further obligation or liability under this Limited
Warranty or otherwise in connection with the defective Product.
THE FOREGOING DESCRIBES KNAUF INSULATION’S
SOLE LIABILITY, AND THE ORIGINAL PURCHASER’S SOLE REMEDY, FOR ANY
BREACH OF WARRANTY IN RESPECT OF THE PRODUCTS.
How to Make a Claim
To make a claim under this Limited Warranty,
the Original Purchaser must notify Knauf Insulation in writing of
any claimed defect in a Product. Such notice must be
given promptly following discovery of the claimed defect and in any
event prior to the expiration of the Warranty Period. The
Original Purchaser must submit with such notice proof of purchase
and proof of the date of purchase of the Product claimed to be
defective. Notification shall be provided to:
Knauf Insulation GmbH
1 Knauf Drive
Shelbyville, IN 46176
Attention: CLAIMS
Knauf Insulation shall then promptly inspect
the claimed defect and if such examination does disclose a defect
covered by this warranty, shall, within 30 days after inspection
replace the defective Product or issue a refund for such defective
Product (as it shall elect in its sole and absolute discretion),
subject to the terms set forth above.
Limitations
- Knauf Insulation shall not be liable under
this Limited Warranty for any of the following:
A. Defects in or failure of the Products caused by storage
that is not in strict adherence with the written instructions of
Knauf Insulation.
B. Defects in or failure of the Products caused by
installation of the Products not in strict adherence with the
written instructions of Knauf Insulation.
C. Any damage to the Products caused by impact of foreign
objects, lightening, gale, hurricane, tornado, earthquake, rain or
flood, or other acts of God or by fire, explosion or other
casualty.
D. Defects in, failure of, or damage to the Products caused
by materials adjacent to the Products.
E. Damage to the Products caused by alteration after
completion of their installation, whether such alteration be by
structural additions, changes, replacements or by equipment
installation.
- 2. IN NO EVENT SHALL KNAUF INSULATION BE
LIABLE FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND,
INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO THE PROPERTY IN WHICH
A PRODUCT IS INSTALLED, ITS CONTENTS OR ANY PERSON THEREIN. NO
FIELD REPRESENTATIVE. DISTRIBUTOR OR DEALER OF KNAUF INSULATION IS
AUTHORIZED TO MAKE ANY CHANGE OR MODIFICATION TO THIS LIMITED
WARRANTY. SOME STATES OR PROVINCES (INCLUDING QUEBEC) MAY NOT ALLOW
LIMITATIONS ON OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The invalidity, illegality or unenforceability
of any one or more provisions of this Limited Warranty shall in no
way affect or impair the validity, legality or enforceability of
the remaining provisions, which shall remain in full force and
effect.
Legal Remedies
This warranty gives you specific legal rights,
and you may also have other rights which vary from state to state
and province to province.