All Delta Industrial Systems Corp. products are warranted against defects in materials and workmanship for one (1) year from the date of invoice. Delta Industrial Systems Corp.'s warranty is expressly limited to window & door manufacturers and authorized resellers who purchase Delta Industrial Systems Corp. products for the purpose of resale, or use in the ordinary course of the buyer’s business. This warranty may not be assigned or transferred.
All warranty claims are subject to inspection by Delta Industrial Systems Corp prior to providing a remedy for said warranty claim. This warranty will not apply if Delta Industrial Systems Corp. determines that the product was not properly installed and/or maintained, or was used in a manner that is not in conformity with instructions and guidelines set forth by Delta Industrial Systems Corp.
This warranty does not cover normal wear or discoloration on finishes, or any product which has been abused, misused, worn out, altered, used for a purpose other than or inconsistent with that for which it was intended, or in a manner inconsistent with any instructions regarding its use, nor does it cover corrosion related damage.
In the event that Delta Industrial Systems Corp. sells or delivers any merchandise which materially differs in size, quantity or style from that set forth in the buyer’s written purchase order for such merchandise; Delta Industrial Systems Corp. will, as its option, correct, repair or replace said merchandise, provided that Delta Industrial Systems Corp. has received written notice of such claim within thirty (30) calendar days from the date of the ocean bill of lading, air waybill, or personal delivery to the customer’s representative, as applicable. The buyer must, however, warehouse all such merchandise for a reasonable period, as determined by Delta Industrial Systems Corp. to enable Delta Industrial Systems Corp. to inspect, repair, take possession of, and/or dispose of same.
Delta Industrial Systems Corp. may, at times, handle products from other responsible manufacturers. Said products shall be warranted by the manufacturer of same, and shall not be warranted in any way whatsoever by Delta Industrial Systems Corp. Delta Industrial Systems Corp. may, at its own discretion, facilitate warranty claims for its direct customer, in the event of a warranty issue for non-Delta brand products. Inquiries pertaining to warranties are encouraged and should be made prior to purchase of non-Delta brand products.
No salesperson, agent, employee or representative of Delta Industrial Systems Corp. has any authority to bind Delta Industrial Systems Corp. to any affirmation, representation, or warranty concerning Delta Industrial Systems Corp. products or parts, except stated herein.
Delta Industrial System Corp.’s responsibility to provide a remedy under this warranty shall be at its sole judgment, and said remedy shall be limited to either a refund of the purchase price or the repair or replacement of the defective product with the same or a substantially equivalent product. The purpose of this exclusive remedy shall be to provide the window/door manufacturer with replacement of products or parts which are found to be defective in materials or workmanship, or negligently manufactured. This exclusive remedy shall not be deemed to have failed of its essential purpose so long as Delta Industrial Systems Corp. is willing and able to repair or replace said defective products or parts in the prescribed manner.
This remedy shall be the exclusive remedy available for any defects in the products manufactured and/or sold by Delta Industrial Systems Corp., or for damages resulting from any other cause whatsoever, including but not limited to Delta Industrial Systems Corp.’s negligence. Delta Industrial Systems Corp. shall not be liable to any Buyer for consequential, incidental or punitive damages of any kind, or for any labor costs for removal or reinstallation of said product, shipping and freight expenses to return products to Delta Industrial Systems Corp., whether for breach of warranty, negligence, on the basis of strict liability, or for any other reason or legal theory.
This warranty, dated January 01, 2020, supersedes any and all previous versions or other warranties and is the sole warranty provided by Delta Industrial Systems Corp.
THE WARRANTIES SET FORTH HEREIN ARE NOT INTENDED TO PRECLUDE, EXCLUDE OR CONFLICT WITH APPLICABLE LAWS OF THE JURISDICTION IN WHICH THEY MAY BE LEGALLY ENFORCED.