Limited Warranty:

Each RockWell new construction window well product will be free from defects in materials or workmanship that substantially impair operation or performance in the building in which they are originally installed for a period of up to five (5) years from the date of purchase. This limited warranty includes product repair and replacement at no charge and any skilled labor (provided or arranged by RockWell) necessary to repair or replace the window well.

Special Conditions:

Replaced or repaired products are covered for the balance of the original warranty period only. RockWell reserves the right to refund the purchase price in lieu of repair or replacement as stated herein. Contractors must use standard reasonable care in backfilling window wells and must adhere to standard residential backfill procedures or this limited warranty may become void.

How To Request Assistance/Making a Warranty Claim:

If you have a problem with your RockWell product, contact your distributor, Summit Contractor Supply, Inc., and we will pass your warranty request on to RockWell, Inc.

To respond, we need the following information:

• How to contact you.

• The address where the product can be inspected.

• A description of the problem and the product (photographs are helpful).

What We Will Do:

RockWell will acknowledge receipt of your claim (generally within seven business days), investigate your claim and take appropriate action (generally within 30 days after notification). If the product does not have a defect covered by the warranty, RockWell may charge an inspection fee for any onsite inspection that is required or that you request. Because manufacturing materials, techniques, and model series can change, replacement part(s) may not be an aesthetic match to the original. If repair is not practicable and replacement is not reasonably available, then RockWell, in its sole discretion, may choose to refund the purchase price of the affected unit. In no event shall RockWell’s liability hereunder exceed the purchase price of the affected products.

Additional Features:

This limited warranty covers only defects in material or workmanship of RockWell products. Without limitation, RockWell is not liable for defects, conditions or damage related to:

• Failure due to misuse or abuse, and damage caused by failure to provide maintenance, by alteration or modification to the window-well. Alterations and/or modifications include, but are not limited to reinstallation, etc.;

• Any cause beyond RockWell’s control, such as fire, flood, earthquake, other natural causes, or criminal acts;

• Installation that is not in conformance with RockWell’s recommended installation procedures or good building practices and/or installation that is not in compliance with local building codes;

• An application or condition that exceeds product design standards and/or certified performance specifications;

• Normal wear and tear, natural weathering of surfaces and/or fastening hardware;

Important Legal Information:

THESE LIMITED WARRANTIES ARE EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES, WARRANTIES, GUARANTIES OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE (INCLUDING WITHOUT LIMITATION ANY WITH RESPECT TO FITNESS AND MERCHANTABILITY). ROCKWELL, INC. SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF THE NATURE OF THE CLAIM OR WHETHER OR NOT OCCASIONED BY ROCKWELL’S NEGLIGENCE. IN NO EVENT SHALL THE LIABILITY OF ROCKWELL EXCEED THE PURCHASE PRICE OF THE AFFECTED PRODUCTS. Depending on the state in which you live, these limitations and exclusions may not apply to you. This warranty shall not be extended, altered or varied except by a written instrument signed by RockWell, Inc. This warranty is effective for all window well products manufactured on or after 4/1/06. This warranty, together with the RockWell product specification sheet and installation instructions for the specific product set out the entire liability of RockWell with regard to the product. The RockWell product specification sheet and installation instructions contain important information related to the RockWell products. If these materials have not been provided, they should be obtained from your distributor, by writing to the address above.

MONARCH MATERIALS GROUP, INC.

EXCLUSIVE WARRANTY

(This is not a Consumer Product Warranty)

Product Material Warranty

Subject to the terms and conditions hereof and the exclusions set forth below, Monarch Materials Group, Inc. ("MMG") warrants to its Original Purchaser (as hereafter defined) that under conditions of normal use and service: (a) the material will meet the specifications shown on the face hereof; (b) the material, when shipped, shall be free of defects in material and workmanship; and (c) MMG will convey good title thereto (the "Product Material Warranty").  The Product Material Warranty shall commence on the date of shipment from the factory (the "Shipment Date") and expire one (1) year from the Shipment Date.  "Original Purchaser" means the individual or entity which took original title to the MMG product or material from MMG.

Insulated Glass Warranty and Paint Warranty

Subject to the terms and conditions hereof and the exclusions set forth below, MMG warrants to its Original Purchaser against (a) for insulated glass window products, failure of the glass seal caused by defects in manufacturing and workmanship (the "Insulated Glass Warranty") and (b) for powder coated paint products,  flaking, peeling, or blistering except scratching, marring, or abrasions due to transportation, handling, and/or installation ("Paint Warranty").  The Insulated Glass Warranty shall commence on the Shipment Date and expire ten (10) years from the Shipment Date.  The Paint Warranty shall commence on the Shipment Date and expire one (1) year from the Shipment Date.

Exclusions and Limitations

If any window is installed "Above Grade" (as hereinafter defined), all warranties hereunder are null and void.  "Above Grade" means (1) a window installed without an area wall around the window, or (2) a window installed with an area wall in which the top of the window frame placement is 8" or higher above grade level.  MMG does not warrant against condensation on any window frames or windows.  Except as described above, the Product Material Warranty, Insulated Glass Warranty and Paint Warranty do not cover defects or damage due to any of the following:  (a) normal wear and tear; (b) improper installation; (c) any alteration or modification (including without limitation any alteration or modification to accommodate a security or alarm system); (d) accident; (e) acts of God; (f) improper use and/or abuse; (g) failure to perform reasonable and necessary maintenance, (g) neglect, improper handling and/or improper storage; (h) exposure to excessive heat and/or cold beyond naturally occurring conditions; (i) improper removal of any permanent warning or identification labels or markings on the product; (j) rusting or corrosion of non-vinyl products or components due to the close proximity to coastal areas or caused by electrical conductivity or abnormal soil conditions unique to the installation locale; (k) any inappropriate or unintended use or uses of the product; (l) minor blemishes in glass; (m) color variation or variations of the glass; (n) glass breakage for any cause or any reason; (o) subjection to stresses arising from glass surface temperature differentials or caused by building settlement or movement; (p) condensation on external surfaces of the window and/or glass, which may occur as the natural result of humidity and interior/external temperature differentials; and (q) the gradual, natural migration of inert gas infills used in insulated glass products. 

Disclaimers and Limitations on Remedies

THE WARRANTIES SET FORTH ABOVE ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.

MMG neither assumes, nor authorizes any other person to assume for it, another liability in connection with the sale of any product.  The warranties described herein are the exclusive remedies for breach.  The warranties herein cover materials only and MMG does not assume any expense or responsibility involved with the removal and/or reinstallation of any replacement parts or replacement product.  MMG's obligation under the warranties is expressly limited to, at MMG's option, replacement or repair of any defective part, component or product.  The repair or replacement of covered components that are defective shall be the Original Purchaser’s exclusive remedy for any defect in the product.  However, if after repeated attempts such repair or replacement fails to correct the performance problem caused by the defect, the Original Purchaser’s sole remedy shall be a refund of the amount paid for the product (in exchange for the return of the product), excluding any transportation or shipping charges, less a reasonable allowance for use of the product prior to its return.

MMG’s liability for any repair event shall not exceed the actual cash value of the product if repaired and MMG’s cumulative liability over the coverage period shall not exceed the amount paid by the Original Purchaser for the product, excluding any transportation or shipping charges.

MMG reserves the right to discontinue the model or models manufactured under these warranties.  Any discontinued parts or components may be replaced with an equivalent part at the sole discretion of MMG.  MMG is not responsible for any color variation in the replacement part or component.  MMG reserves the right to inspect any and all defects in the field.  Field visitations may result in service charges for non-warranty site surveys.

Under no circumstances shall MMG be liable for incidental, consequential, exemplary or special damages including, but not limited to, damage or loss of other property or equipment, loss of profits, or other commercial loss that may be due to a defect in the product or the breach or performance of MMG, and such damages are specifically  excluded. Corrections of defects in the manner provided herein shall constitute fulfillment for all liabilities of MMG to the Original Purchaser or any other person whether based upon contract, tort, strict liability, or otherwise.

Eligibility Requirements and Warranty Claims

The warranties set forth above may be enforced only by the Original  Purchaser.  Any claim under the warranties set forth above must be made in writing and include the Original Purchaser's name, address, date of purchase, product information from the product label and daytime as well as evening telephone numbers.  All claims and/or inquiries should be forwarded to the following address:                       

Monarch Materials Group, Inc.

P.O. Box 250

Waukee, Iowa 50263

Non-Transferability

The warranties described above are non-transferable and limited to the Original Purchaser as described above.