General Provisions
The Warranty is a limited warranty whereby M.J Windows Ltd. (“M.J”) warrants to you as the original purchaser (“You”), that its products expressly identified below will be free from the specified defects in materials and workmanship for the specific time periods identified for each of the products subject to the terms, conditions, exclusions, limitations and disclaimers contained herein.
Products
Vinyl Components: M.J provides a twenty (20) years warranty for its windows and sliding glass door that the vinyl components will not chip, peel, blister, warp or corrode under normal circumstances.
Hardware: M.J provides a five (5) years warranty for its windows and sliding glass door hardware, including operating hardware, cranks, handles and locking mechanisms. The warranty is limited to the replacement value of defective hardware.
Labour: Skilled labour required to replace or repair any defective product is covered by five (5) years warranty.
Insulated Glass Sealed Units: M.J warrants that the air seal of its insulated glass sealed units will not fail under normal circumstances and use for a period of ten (10) years from the date of manufacture of the specific insulated glass sealed unit. M.J provides a limited warranty that its insulated glass sealed units will not suffer from spontaneous glass breakage (when cracking appears without any sign of impact) for 1 year.
Custom Coloured Windows: M.J warrants that its custom coloured windows and sliding glass doors will not chip, peel, blister, warp or corrode under normal circumstances and use for a period of ten (10) years from the date of manufacture.
Exclusions and Limitations
The Warranty does not apply to the following:
- Any M.J product that has not been installed in accordance with the recommended procedures;
- Any M.J product that has been damaged or rendered defective by inappropriate maintenance, transportation or handling by anyone other than authorized M.J personal,
- Any M.J product that has not been fully paid for;
- Any M.J product that has been damaged or rendered defective by improper installation by individuals not employed or engaged by M.J;
- Any M.J product that has been damaged or rendered defective by individuals, tradesmen, employees, agents or otherwise not employed or authorized by M.J;
- Any M.J product that has been damaged or rendered defective by: building or structural movement, settlement or stresses; natural disasters; acts by animals; acts of God; or other acts beyond the control of M.J;
- Any M.J product that has been modified or altered without the authorization of M.J;
- Any M.J product that You, or other individual not employed or authorized by M.J, have attempted to repair;
- Any M.J product that has been exposed to unusual condensation or damage as a result of condensation, harmful chemicals or pollutants, including but not limited to salt, acid rain, excessive heat and refrigeration;
- Any M.J product which does not have four 90-degree corners;
- Any M.J product that is removed from its original installation location;
- Any M.J product that has been used other than for its original purpose or application;
- The color or appearance of any M.J product that has changed in its original appearance due to age, normal wear and tear, natural weathering or any similar type occurrence; and
- Any M.J product that is used or installed outside of Vancouver, the Lower Mainland or the Fraser Valley of British Columbia unless agreed to by M.J in writing.
- Subsequent damages and repair work not covered in this warranty. Warranty is limited to the replacement value of the product or component only.
Claim Procedure
In order to make a Claim under this Warranty You must:
-
- As soon as possible upon discovery of the defect, contact M.J in writing at the following address:
M.J Windows Ltd.
#21-8333 130th Street
Surrey, BC V3W 7X4
Tel: (604) 593-2086 or Fax: (778) 593-2986
- You must provide the following information:
- Product description;
- Detailed description of the product defect(s);
- Your full name, address and phone number;
- Date of installation and installer’s name.
- Upon receipt of the Claim M.J will review the Claim and contact You within a reasonable time.
- 4. M.J has the right to investigate the reason for the product failure as claimed, including the right to attend on site to review the alleged defective product. If it is determined by M.J that the product was damaged as a result of unusual circumstances or use, negligence, misuse or wilful misconduct by any party that is not M.J, or is excluded from Warranty as provided for herein, there is no Warranty available to You.
Remedies
Where a product is covered by the Warranty and has been properly reported and provided for herein, the remedies are limited to the following, which may be chosen at the sole discretion of M.J:
- repair the original M.J product at no cost to You;
- replace the M.J product with an identical or similar product at no cost to You. M.J will be at liberty to choose the product and color match available to them that is the closest to the product being replaced. You, however, will be responsible for the cost and arrangement of installation of the replacement product including labour or other similar activities.
If a product is discontinued or there has been a change in its original appearance due to age, use, natural weathering or any similar type occurrence, M.J will be at liberty to choose the product and color match available to them that is the closest to the product being replaced from the products produced by M.J at the time of the Warranty Claim. Products and colors may vary from the original.
M.J is not responsible for painting or any other refinishing work required after the remedial work is completed.
Other Terms
- You agree that any M.J product that is replaced in accordance with the provisions of the Warranty shall become the property of M.J. You acknowledge that the replacement of any M.J product is good and valuable consideration for the same.
- The Warranty contains the only warranties by M.J to You and no other warranty or condition, statutory or otherwise shall be implied.
- No distributor, salesperson, dealer, retailer or other representative of M.J has the authority to alter or change the Warranty, whether orally or in writing, and any purported alterations or changes shall be of no force and effect.
- The invalidity or unenforceability of any provision of the Warranty shall not affect the validity or enforceability of any other provision hereof, which shall remain in full force and effect.
- You agree that that the customer sole and exclusive remedy against M.J shall be for the replacement of, or refund of, the product as stated herein. M.J total cumulative liability under this warranty is limited to the dollar amount of the purchaser’s original payment for the product.