HomeMy WebLinkAboutFile Documents.700 Ute Ave.0145.2017 (15).ARBKsq ft:
Modified
Limited Warranty
(Applies to these line item numbers)
Customer Signature: ________________________________________________________________
Sales Rep Signature: ________________________________________________________________
Date: ________________
(This order is subject to the terms and conditions printed on the back page. Please read them before signing.)
Ryan Kaser
0.25
Weighted Values
U-Fac:
SHGC:0.25
14
Net Total
Tax Rate
Labor Charge
Check or Cash Price $798.30
$775.80
$22.50
$0.00
2.9%
Payment if made by other than check or cash, price $822.99
ROBIN SCOTT INTERIORS
91203788 Page 1 of 7Order Number
8.14
3/31/17
Terms:
Required Deposit:
PO # :
Job # :
Permit # :
Box Screens:
Box Hardware:
Cash on Delivery Direct Ship:
Subdivision:
Tract Number:
Property Location:
No
No
No
Add-On to:
__________ Sold To:__________ Ship To:__________ Lender:__________ Property Owner:
June 27, 2017
2:29 PM
________ Glazing / Lites
________ Rough Opening
________ Species
________ Quantity
________ Operation
________ Jamb Size
________ Primed vs Clear
________ Exterior Trim
________ Hardware
________ Screens
________ Drawing Page(s)
________ O/S Purchase lead time
________ O/S Purchase warranty
________ WUI Compliant
________ Terms and Conditions
________ Owners Manual/SPW Warranty
________ Installation Instructions
________ Shop Drawings
_____ (Exterior)_____ (Interior) Distressed
_____ Colonial _____ Contemporary
Color(s) (Clad) in order __________
024 Bronze 2605
Order Check List
Warranty Information
Sierra Pacific Windows
309A Meadowview Lane
Basalt, CO 81621
(970) 927-1726 (Office)
(970)309-0918 (Cell)
(970) 927-1727 (Fax)
rkaser@spi-ind.com
CUSTOMER COPY
$0.00
Order Summary
A Division of Sierra Pacific Industries
City of Aspen
Received
7/11/17
Building Department
Additional
Options
Jam
Size
(inches)
Exterior
TrimHardware
Lite or
Grille
Pattern
Glaze
OptionsLocationSymOper
Rough Opening
Width x Height
(Inches)
Product CodeQntyItm
Page 2 of 791203788Order Number:Initials:________
Coating: 2605
Clad: 024
Bronze
Pine
Clear Int.
Cntmp Profile
No Int Kerf
6 11/16"No Brickmould
No Sill Nose
No Hardware
No Screen
1 LiteGry Warm Edge
Insulated
Tempered
Capillary
LoE³-366
LoE-i89
O54 3/4"x36 3/4"C-DG-5436-1
Direct Glaze
U-fac: 0.25 SHGC: 0.25
Vt: 0.57 CR: 40
11
City of Aspen
Received
7/11/17
Building Department
Order Number 91203788 Page 3 of 7 Initials:________
Glaze Options Hardware Options Exterior Trim Additional Options
Insulated - Insulated Glass
SIM DL - Simulated Divided Lite
Lami IG-Ext - Laminated Glass to Exterior
Lami IG-Int - Laminated Glass to Interior
TSL - Tandem Sash Lock
Adj Hinges - Adjustable Hinges
BB Hinges - Ball Bearing Hinges
Prem Screen - Premium Screen
Swing Screen - Swing Door Screen
Const Hdw - Construction Hardware
Rem Handle - Removable Handle
Spl Trim Sets - Special Trim Sets
SBM = Stucco Brickmould
ESN 2 = Extended Sill Nose 2"
ESN 3 = Extended Sill Nose 3"
ESH = Extended Sill Horn
Primed Int. - Primed Interior
Clear Int. - Clear Interior
Primed Ext. - Primed Exterior
Clear Ext. - Clear Exterior
Colnl Profile - Colonial Profile
Cntmp Profile - Contemporary Profile
No Int Kerf - No Interior Kerf
Shdw Bd Stop - Shadow Back of Bead Stop
Abbreviation Key
Sierra Pacific Windows provides a modified Limited Warranty for certain windows and doors, including, but not limited to:
1. Products exceeding their certified test/design size as defined by the Window and Door Manufacturer’s Association (WDMA) Hallmark Program.
2. Products subjected to conditions exceeding their WDMA Hallmark certified design pressure limitations.
Products described in Items 1 and 2 are not certified for air infiltration, water penetration, structural loading, forced entry or hardware load testing. These products carry a warranty on the exterior aluminum clad
finish and insulated glass only. Customer is advised to carefully review the Limited Warranty for the specific provisions applicable to the products purchased.
3. Products with anodized or mill finish aluminum exterior cladding.
Products described in Item 3 do not carry coverage under the “Metal Clad-Powder Coated Finishes” portion of the Sierra Pacific Windows Limited Warranty. These products carry a warranty on insulated
glass, hardware and wood components only. Customer is advised to carefully review the Mill Finish letter attached to the bid or the Anodized Finish letter supplied separately for specific provisions applicable to
the products purchased.
MODIFIED
LIMITED WARRANTY
Warranty Information
a. All C.O.D. orders are to be paid in full to the delivery driver with either a Cashier's Check or a personal check, preprinted with the Buyer's name and address, prior to unloading the order. On orders where
vouchers are pre-approved, they must be presented to the driver prior to unloading the order.
b. This quoted price includes a 3% discount for payment made in cash or check. Payment by any other means will waive this discount.
c. No deductions may be taken from the invoice amount unless authorized by Sierra Pacific Windows prior to delivery. Sierra Pacific Windows will not be responsible for any back charges resulting from
additional materials or work performed by others (see Warranty for further information)
d. Past due balances are subject to 1.5% monthly finance charge.
e. Any check or other payment returned to Sierra Pacific as the result of insufficient funds or canceled payment will result in a $50 processing fee added to the order total.
1. TERMS:
2. RIGHT TO LIEN:
3. ATTORNEY FEES:
4. ESTIMATE OR BIDS:
5. ORDERS:
6. CHANGE ORDERS:
7. TAILGATE DELIVERY:
8. SALES TAX:
a. In the event the contract amount is not paid in full, Sierra Pacific Windows reserves the right to place a lien or bond which may be asserted under any provision of the law, to secure payment of the contract
amount.
a. If any legal action is required, Sierra Pacific Windows is entitled to recover reasonable attorney fees, court costs and all other reasonable professional expert or consultant fees and costs related to such
legal action.
a. All pricing is good for 30 days unless specifically noted to the contrary.
b. Sierra Pacific Windows assumes no responsibility for errors in take-offs or pricing.
a. Upon signing, Customer agrees to all terms and conditions of this contract.
b. Orders are subject to delay due to strikes, fire, floods, accidents, or any other cause beyond our control. Sierra Pacific Windows will not be responsible for loss or damage beyond its control.
c. Seller is not liable for prospective profits or special indirect, consequential or incidental damages, nor may the recovery of any kind against seller be greater in amount than the purchase price of the specific
material sold and causing the alleged loss damage or injury.
a. Order changes will only be accepted within 3 days of signing the original order.
b. Special order items may only be changed or cancelled within 3 days from signing the original order.
c. Cancellations may only be made within 3 days from signing the original order.
d. Order changes are immediately binding. They do NOT allow an additional 3 days for modification or cancellation.
e. Sierra Pacific Windows reserves the right to adjust prices or to add charges for additional costs for order changes made at the request of the buyer at any time following original order acceptance. For
example, storage fees for failure to take delivery as scheduled.
f. Any change to the order may result in a delayed delivery date.
a. Sierra Pacific Windows is not responsible for labor to unload. Buyer must provide sufficient labor at the job site when driver arrives.
b. Back orders will be noted on the paperwork and will deliver as soon as possible.
c. Any items missing or damaged must be noted on the driver's paperwork at the time of delivery or it will be assumed complete and in good condition.
d. Sierra Pacific Windows is not responsible for goods picked up by buyer in his\her own vehicle.
a. The Sales Tax rate in this quote is estimated at the time of the quote. Customer agrees to pay the actual Sales Tax in effect at the time of delivery of any portion of this order.
Terms and Conditions of Sale
Outside Purchase Items: Warranty covered by product manufacturer's specific warranty.
Sedonas with jambs greater than 4-9/16: Limited screen opening
Radius Sedonas: Limited sash opening
Triple Glaze Units do not include shadow bar
Disclaimer Information
City of Aspen
Received
7/11/17
Building Department
I.LIMITED WARRANTY FOR RESIDENTIAL PRODUCTS. This Limited Warranty for Wood/Clad
Products (the “Limited Warranty”) is provided by Sierra Pacific Windows (“SPW”), on the terms and
conditions set forth herein solely for Residential Products as described herein.
A.General Eligibility of Residential Products. Subject to the other terms and conditions set forth
herein, Residential products eligible for coverage under this Limited Warranty are limited to certain
residential wood and clad window and door products which were (1) manufactured by SPW on or
after May 1, 2017, (2) purchased from a SPW salesperson or an authorized dealer of SPW, (3)
installed in a single family detached dwelling unit in the United States or Canada in a good and
workmanlike manner in accordance with any installation instructions or other specifications of
SPW, and (4) satisfying the other terms, conditions and restrictions contained herein (“Residential
Products”). Notwithstanding anything contained herein to the contrary, the Limited Warranty shall
not apply to, and SPW does not warrant, any Residential Product which is sold subject to another
express or implied warranty, whether provided by SPW or a third
party, or which is sold in “as-is” condition, as a sample or open box item, as a returned product,
in defective, damaged, used, or previously sold condition or otherwise not in new, original
and as-manufactured condition. This Limited Warranty is available to the original purchaser of an
eligible Residential Product and it is transferable to a subsequent owner of the same real property
in which such eligible Residential Product is installed, for the remaining warranty period of such
eligible Residential Product as set forth herein.
B.Limited Warranty for AAMA 2605 Powder Coated Finishes.
i.Thirty (30) Year Limited Warranty for Cracking or Checking. Except as otherwise expressly
provided herein, SPW warrants that the coating on the metal cladding in Residential
Products will be free from cracking or checking, when observed at a distance of ten feet
(10’) from the metal surface and inspected at an angle of 90 degrees to the surface as set
forth in AMAA 2605-11, resulting from defects in workmanship or materials for a period of
thirty (30) years from the date of manufacture of such Residential Product.
ii.Twenty-Five (25) Year Limited Warranty for Color Change. Except as otherwise expressly
provided herein, SPW warrants that Residential Products will be free from color change
of more than seven (7) Delta E units in accordance with ASTM D2244 resulting from defects
in workmanship or materials for a period of twenty-five (25) years from the date of
manufacture of such Residential Product.
iii.Twenty (20) Year Limited Warranty for Color Change, Chalking, Adhesion Loss. Except as
otherwise expressly provided herein, SPW warrants that the metal cladding in Residential
Products will be free from color change of more than five (5) Delta E units in accordance
with ASTM D2244, chalking in excess of a number eight (8) rating based on ASTM D4214,
and adhesion loss (peeling), that materially and adversely affects the appearance of the
surface to which the coating is applied when observed at a distance of ten (10) feet from
the metal surface and inspected at an angle of 90 degrees to the
surface as set forth in AAMA 2605-11, resulting from defects in workmanship or materials for
a period of twenty (20) years from the date of manufacture of such Residential Product.
iv.Coverage Terms. This Limited Warranty for AAMA 2605 Powder Coated Finishes provides
full coverage, in a manner consistent with Section III herein below, for fluoropolymer powder
performance for the first twenty (20) years from date of manufacture. For the succeeding ten
(10) years, SPW’s responsibility for corrective action due to fluoropolymer powder failure will
be: years 21 through 24 – 60%; years 25 through 27 - 25%; years 28 through 30 – 5%.
Customers’ percentage of responsibility for replacement product shall be calculated using
current list price of items being replaced; customers’ prorated responsibility for cost of repair
is based upon SPW’s invoiced repair costs; refunds will be based upon original purchase
price of the product.
C.Ten (10) Year Limited Warranty for AAMA 2604 Powder Coated Finishes: Except as otherwise
expressly provided herein, SPW warrants that the coating on the metal cladding in Residential
Products will be free from color change of more than five (5) Delta E units in accordance
with ASTM D2244, chalking in excess of a number eight (8) rating based on ASTM D4214, and
cracking, checking or adhesion loss (peeling), that materially and adversely affects the
appearance of the surface to which the coating is applied when observed at a distance of ten
(10) feet from the metal surface and inspected at an angle of 90 degrees to the surface as set forth
in AAMA 2604-10, resulting from defects in workmanship or materials for a period of ten
(10) years from the date of manufacture of such Residential Product.
D.Five (5) Year Limited Warranty for Anodized Finishes. Except as otherwise expressly provided
herein, SPW warrants that all aluminum clad Residential Product that has been anodized will be
free from chalking in excess of a number eight (8) rating based on ASTM D4214, or fading or
change in color in excess of five (5) Delta E units based on ASTM D2244, each of which materially
and adversely affects the appearance of the surface when observed at a distance of ten (10) feet
from the metal surface and inspected at an angle of 90 degrees to the surface as set forth in AMAA
611-12, resulting from defects in workmanship or materials for a period of five
(5) years from the date of manufacture of such Residential Product.
E.Two (2) Year Limited Warranty: Interior Finish. Except as otherwise expressly provided herein,
SPW warrants that all factory-applied interior paint and stain finishes in Residential Products
will be free from material Finish Defects for a period of two (2) years from the original date of
manufacture of such Residential Product. For purposes of this Limited Warranty, a “Finish Defect”
shall mean cracking, peeling, delaminating, blistering, flaking, chalking in excess of a
numerical rating of six (6) (measured per ASTM D4214) or fading or change in color in excess
of five (5) Delta E units (calculated per ASTM D2244).
F.Twenty (20) Year Limited Warranty: Wood Deterioration. Except as otherwise expressly
provided herein, SPW warrants that the wood components of a Residential Product, regardless
of wood type, shall be free from material wood deterioration caused by decay or insect, including
wood rot, for a period of twenty (20) years from the original date of manufacture of such
Residential Product.
G.Limited Warranty: Hermetic Seals. Except as otherwise expressly provided herein, SPW
warrants the air seal in Residential Products as follows:
i.Twenty (20) Year Limited Warranty: Dual Insulated Glass Product. Except as otherwise
expressly provided herein, SPW warrants that the Dual Insulated Glass Product supplied
in its Residential Products will be free from the failure of the air seal due solely to defects
in workmanship or materials for a period of twenty (20) years from the original date of
manufacture of such Residential Product.
ii.Ten (10) Year Limited Warranty: Triple Insulated Glass Product. Except as otherwise
expressly provided herein, SPW warrants that the Triple Insulated Glass Product supplied
in its Residential Products will be free from the failure of the air seal due solely to defects
in workmanship or materials for a period of ten (10) years from the date of manufacture of
such Residential Product.
H.Ten (10) Year Limited Warranty: FeelSafe™ and Laminated Glass. Except as otherwise
expressly provided herein, SPW warrants that the SPW FeelSafe™ or Laminated Glass in
its Residential Product will be free from any material obstructions of vision due to glass
delamination from defects in workmanship or materials for a period of ten (10) years from the
date of manufacture of such Residential Product.
I.Five (5) Year Limited Warranty: Specialty Glass. Except as otherwise expressly provided herein,
SPW warrants that Residential Products with custom or special glazings and/or other specialty,
custom or non-standard glass options not listed in our product literature or not generally and
regularly manufactured by SPW, and all leaded or decorative glass Residential Products, shall
be free from defects in workmanship for a period of five (5) years from the original date of
manufacture of such Residential Product.
J.Two (2) Year Limited Warranty: Glass Stress Cracks. Except as otherwise expressly provided
herein, SPW warrants that all glass in its Residential Product shall be free from stress cracks
from defects in workmanship or materials for a period of two (2) years from the date of
manufacture of such Residential Product.
K.Ten (10) Year Limited Warranty: General. Except as otherwise expressly provided herein, SPW
warrants that each Residential Product, including its wood components, hardware, weatherstrip
and standard screens which accompany the Residential Product (the “Components”), will be free
from defects in workmanship or materials which unreasonably affect such Residential Product’s
normal functioning for a period of ten (10) years from the original date of manufacture of such
Residential Product.
L.One (1) Year Limited Warranty: Specialty Screens. Except as otherwise expressly provided
herein, SPW warrants that specialty screens (e.g. retractable screens, swing door screens)
manufactured by others, not by SPW, for a Residential Product will be free from defects in
workmanship or materials which unreasonably affect such specialty screen’s normal functioning
for a period of one (1) year from the earlier of the original date of manufacture of such specialty
screen or the date of manufacture of such Residential Product.
II.LIMITATIONS, EXCLUSIONS AND DETAILS OF LIMITED WARRANTY.
A.SPW Residential Products are manufactured to certain specifications and ratings, which may
include air and water infiltration, structural performance, thermal performance and/or sound
transmission. The performance of installed windows and doors as noted on the labels
showing National Fenestration Rating Council (NFRC) and Window and Door Manufacturer’s
Association (WDMA) Hallmark ratings can and will change over time due to environmental
conditions, installation technique, maintenance, normal wear and tear, and other factors
beyond SPW’s control. The initial ratings and specifications are furnished solely to assist the
purchaser in comparing products at the time of purchase and are not intended to warrant or
guarantee specific field performance at those ratings or specifications as installed or over the
life of the Residential Product. These ratings may also apply to single units only, not to mulled
configurations.
B.This Limited Warranty is limited solely to defects in workmanship and materials arising from
the production and manufacture of Residential Products by SPW. Whether or not any of the
above warranties apply, in whole or in part, to a Residential Product or are excluded shall be
determined by SPW in its sole discretion. SPW will not be liable for, and some or none of the
above warranties will apply to or cover problems, claims or liabilities, costs, expenses,
damages or losses, or other damage or defects caused by, arising from, or related to, any of
the following:
1.Failure to follow any directions, recommendations, maintenance and care instructions,
and/or guidelines set forth in SPW’s Care and Maintenance Guide, any SPW Owner’s
Manual for a Residential Product, the Anodized Care and Maintenance Guide, or any
other guide, direction or similar publication otherwise established by SPW, found at
sierrapacificwindows.com
Initials:________Page 4 of 791203788Order Number
SIERRA PACIFIC WINDOWS LIMITED WARRANTY
FOR WOOD/CLAD RESIDENTIAL PRODUCTS
Effective May 1, 2017
Effective 05/01/17
City of Aspen
Received
7/11/17
Building Department
(collectively, the “SPW Guides”), or the failure to perform regular, normal or routine and other
required maintenance to a Residential Product;
2.Residential Products ordered or manufactured as a custom order, special product or otherwise
manufactured according to specifications supplied by the consumer or to specifications other
than SPW’s standard specifications for a Residential Product;
3.Residential Products having dimensions greater than those listed in SPW’s standard offering of
sizes;
4.Residential Products installed in applications or conditions exceeding their WDMA Hallmark
certified performance ratings, tested sizes and/or configurations;
5.Any air infiltration or water penetration damage resulting from non-factory mulled or non- SPW
assembled Residential Products;
6.Improper handling or installation of Residential Products, including failure to follow SPW’s installation
instructions and/or failure to install in conformance with accepted construction practices or applicable
building codes;
7.Installation of the window or door in its opening in a manner which is not plumb, square and true
and adequately shimmed on all sides;
8.Installation other than vertical (slope glazing);
9.Installations in sauna, swimming pool or hot tub rooms, boats, greenhouses or other rooms with
high humidity conditions and installations in areas with direct, constant water contact, such as a
shower or in the path of sprinkler water;
10.Operational problems or problems related to water and/or air infiltration/leaking as a result of
improper or inadequate flashing, improper installation, flaws in building design or defects in
construction;
11.Any Residential Products installed in any face barrier system or exterior insulation finish system
using stucco, synthetic stucco, or other materials, unless the owner can demonstrate to SPW’s
satisfaction, in its sole discretion, that there is an effectively engineered system for the control
and drainage of water or moisture vapor;
12.Stress or strain due to building movement or settlement, including strain which is applied to the
window or door by movement of the building or where provisions have not been made in accordance
with sound industry practices for adequate expansion or contraction of framing members;
13.Products that have been altered or removed and reinstalled;
14.Wood cellular structure failure for any Components with prolonged or excessive exposure to moisture
or soil, including failure to store the Residential Product upon delivery in a dry temperate environment
prior to installation;
15.Improper painting, staining, or field finishing maintenance of wood Components, or failure to apply a
coating system meeting SPW’s standards, recommendations or guidelines or sound industry
practices to bare wood surfaces within the lesser of thirty (30) days after purchase, or as otherwise
specified by SPW;
16.Prolonged exposure to weather in the unfinished and/or primed state;
17.Minute fracturing or surface mars in finishes occurring during the fabrication process;
18.Failures arising from the failure to periodically cap bead, check and replace weatherstrip and
caulking, and to perform regular, normal or routine maintenance of a Residential Product, whether
as set forth in the SPW Guides or otherwise;
19.Variance in color, grain or texture of wood;
20.Painting or staining of vinyl parts or weatherstrip;
21.Any Residential Product installed at an altitude higher than recommended by SPW, whether in
the SPW Guides or otherwise:
22.Any dual insulated glass Products manufactured without capillary tubes and installed at altitudes
above 5000 feet without factory pre-approval. Triple glaze insulated glass
Products manufactured without capillary tubes and installed at altitudes above 2200 feet;
23.Rattling of air space grilles;
24.Scratches, imperfections or blemishes on glass surfaces that do not impair the integrity of the unit,
or were not caused by SPW during the manufacturing process, or that do not materially affect
normal vision or performance per the guidelines established by ASTM C1036;
25.Slight imperfections, color variations, wavy or shimmering distortions in the glass related to a
laminate interlayer or heat strengthening of the glass;
26.Any insulated glass unit that has an after-market tint, UV block, or other film or coating applied;
27.Damage to a Residential Product resulting from any reason other than a manufacturing defect by
SPW, including, without limitation, any such damage arising, in whole or in part, from any accident,
abusive handling, misuse, or as a result of any cause beyond the control of SPW (e.g. vandalism,
fire, flood, earthquake, acts of God or nature, war, civil unrest, natural causes and/or natural
disasters, including earthquakes, floods, tornadoes, hurricanes, typhoons or hurricane or typhoon
conditions, or any other cause beyond SPW’s control);
28.Condensation, surface fogging or frost on exposed surfaces of Residential Products and any related
water damage which may occur as the natural result of humidity within the structure or due to
changes in interior/exterior temperatures;
29.Door warpage of less than 1/4” as measured across the diagonals for doors up to 3’-6” x 7’-0”
and/or 3/8” for doors over 3’-6” x 7’-0”. This does not refer to the relation of the door panel to
the frame or jamb in which it is hung. (NOTE: door warpage may vary as
door panels adjust to temperature and humidity in their installed positions.) Action on any claim for
warpage may be deferred for up to twelve (12) months at SPW’s option to permit conditioning of the
door to humidity and temperature ranges at the jobsite;
30.Door warpage on doors 8 feet and taller, if such doors do not have multipoint hardware;
31.Doors with flat, low profile or ADA compliant sills will not be warranted against air and water
infiltration;
32.Normal wear and tear and/or natural weathering of any surfaces, including discoloration of
interior or exterior finishes, including hardware finishes;
33. Corrosion, wear or failure of hardware including loss of functionality in extreme conditions
including, but not limited to, seacoast or other corrosive environments, as well as based
on elevation, orientation, and altitude;
34.Finish failures or corrosion of aluminum cladding or damage to other Components caused
by contact with caustic chemicals or chemical fumes, including but not limited to industrial
cleaning agents, acid-based products, chlorine, salt spray, airborne pollutants, mortar,
mortar cleaner, alkali hydroxides and brickwash;
35.Obstructions of air flow to products, including draperies or storm panels;
36.Products purchased through SPW that are manufactured by a third party (e.g. electric
operators, skylites, custom hardware) are not covered under the terms of this warranty.
Refer to product manufacturer’s warranty for terms of coverage;
37.Damage occurring or arising from any reason other than a manufacturing defect by SPW,
including, without limitation, installation or delivery;
38.Windows or doors sold with no hardware, special hardware or hardware to be supplied by
others;
39.Problems caused by modification to the product by others (e.g. modifications made to add
alarm systems or remote window operators);
40.Failure to comply with any other provision of this Limited Warranty.
C.Inert Gases. Residential Products may contain inert gas, intended to improve the thermal
performance of the Residential Product.
1.The migration of an inert gas, such as argon, is a natural process that occurs over time
and is not a defect. SPW provides no warranty with respect to the migration of an inert
gas.
2.Argon gas within an insulated glass Residential Product will dissipate over time. The
conditions of exposure and manner of use of the Residential Product will affect the rate
of dissipation. The best manufacturing techniques cannot guarantee that the initial fill
rate of inert gas will be maintained during the Residential Product’s lifetime. SPW
provides no warranty with respect to the dissipation, rate of dissipation or initial fill rate. If
the Residential Product is fitted with a capillary tube system, it must be treated as if it is
entirely air filled. SPW provides no warranty with respect to the amount or percentage of
argon remaining in the insulated glass unit or any thermal performance related to inert gas
at any time after manufacture.
D.Allocation of Risks of Residential Product Performance. Because some water infiltration must
be anticipated in all construction, it is imperative that the wall system be designed and
constructed to properly manage moisture and that the Residential Products be properly
installed. SPW is not responsible for, and provides no warranty with respect to, any claims or
damages caused by anticipated or unanticipated water infiltration; deficiencies in building
design, construction and maintenance; failure to install SPW products in accordance with
SPW Guides; or the use of SPW products in systems, such as barrier wall systems, unless
management of moisture within the wall system is adequately incorporated within the design
of the system, as determined by SPW in its sole discretion. The determination of the suitability
of all building components, including the use of Residential Products, as well as the design and
installation of flashing and sealing systems, are the responsibility of the buyer, owner, architect,
contractor, installer, or other construction professionals and are not the responsibility of SPW,
and SPW disclaims all liability with respect thereto. All risks related to building design and
construction, fitness or suitability of Residential Products for a particular purpose, or the
maintenance, installation, and use of Residential Products shall be assumed by the buyer
and/or owner in conjunction with the architect, contractor, installer, or other construction
professionals, and such parties waive and release SPW from any claims or damages related to
such risks.
E.General Residential Product Disclaimers.
1.The performance of the exterior aluminum coated finish, hardware and/or Components
may vary based on installation in extreme environments, including but not limited to
seacoast and other corrosive environments, as well as based on elevation, orientation,
altitude and other atmospheric conditions. Normal, regular maintenance of the product is
required to maintain the appearance, to extend the finish life, and to keep the warranty
intact.
2.Fading or color changes may not be uniform if the surfaces are not equally exposed to the
sun and elements and such variation in fading or color is not considered to be a defect,
and SPW provides no warranty and hereby disclaims any and all liabilities with respect
thereto.
3.Screens are intended solely as protection from insects and are not designed for or
intended to provide safety protection or to prevent falling through an open window, and
SPW provides no warranty and hereby disclaims any and all liabilities with respect
thereto.
4.Window opening control devices (“WOCDs”) are not a substitute for careful monitoring
of children. WOCDs must be checked regularly, as necessary, to determine if they are
operating properly. SPW provides no warranty and hereby disclaims any and all liabilities
with respect thereto.
III.WARRANTY RESOLUTION; EXCLUSIVE REMEDY UNDER THIS LIMITED WARRANTY.
A.In the event the product fails to conform to the express warranties described above within the
stated time period, the Residential Product owner’s sole and exclusive remedy is that SPW will,
at SPW’s sole option and discretion, either repair or provide replacement Residential Product or
Components for any defective Residential Product or Component, or refund the original
purchase price or original catalog list price, whichever is lower, of the defective Residential
Product or Component. SPW may, in its sole discretion, substitute a current design for the
original Residential Product or Component or otherwise provide a comparable Residential
Product as a substitute. If SPW elects to provide a replacement Residential Product or
Component, SPW will pay for the freight to deliver the replacement Residential Product or
Component to the place where the defective Residential Product or Component was first
Initials:________Page 5 of 791203788Order Number
Effective 05/01/17
City of Aspen
Received
7/11/17
Building Department
delivered from SPW’s factory. Any freight or delivery charges beyond that destination will
be the Residential Product or Component owner’s responsibility. Provision of a replacement
Residential Product or Component does not extend the warranty time period for the Residential
Product or Component, and the warranty time period of the original Residential Product or
Component shall continue to apply. SPW may, in its sole discretion, charge the Residential Product
or Component owner a fee for performing an onsite inspection if SPW believes coverage under this
Limited Warranty is not clear. SPW may, in its sole discretion, refund any such onsite inspection
charge if the subsequent inspection by SPW reveals a defect which is covered by this Limited
Warranty.
B.As more fully set forth in Section IV below, the limited warranties set forth in Section I above are
the sole and exclusive warranties provided by SPW with respect to Residential Products. As more
fully set forth in Section III (A) above and subject to the terms of this Limited Warranty, the sole
and exclusive remedy is repair, replacement or refund. SPW cannot and shall not
be liable for any other express or implied warranties, guarantees or representations related to a
Residential Product or other remedy made or provided by any distributors, dealers,
salespersons or other representatives of SPW in any manner, whether written or oral. NO
PARTY IS AUTHORIZED TO EXPAND OR CHANGE THE PROVISIONS OF THIS LIMITED
WARRANTY IN ANY MANNER. SPW provides the Residential Products on an “as-is” basis.
SPW makes no other representations, statements of fact, promises, guarantees or other
warranties of any kind or nature, express or implied, with respect to the Residential Products.
Except as expressly set forth herein, SPW disclaims any and all other warranties, express or
implied, including any warranty relating to workmanship, merchantability, fitness for particular
purpose, freedom from defects, or non-infringement.
C.Limited Labor Coverage. In the event that SPW elects pursuant to Section III (A) above to provide
for the repair or replacement of a Residential Product covered by this Limited Warranty, SPW will,
at its cost and expense, provide the labor to repair or replace such Residential Product, the extent
and/or scope of said repair and replacement shall be decided by SPW in
its sole discretion, for a period of two (2) years from the date the Product was manufactured. SPW
shall not be responsible for, and shall not bear any cost or expense with respect to, any repainting,
refinishing or similar activities related to or arising from the repair or replacement of any
Residential Product. For purposes of clarification, SPW will not be responsible for any
costs or expenses related to labor for repair or replacement outside of the time period specified
above.
D.Notice of Warranty Claim. SPW must receive written notice, containing the information below and
at the following addresses, from a Residential Product owner claiming coverage under this Limited
Warranty within the warranty period and within ninety (90) days of the date the problem with the
Residential Product first became known, or should have been known through the exercise of
reasonable care, to such owner. In the event that a Residential Product owner fails to comply with
the foregoing, such Residential Product owner shall not be entitled to the benefits of any provision
of this Limited Warranty. The notice of claim under this Limited Warranty must contain the
following information:
1.The Residential Product owner’s name and telephone number;
2.The original order number;
3.The address where the Residential Product is installed;
4.A description of the Residential Product;
5.Proof of ownership of the single family detached dwelling unit in which the Residential
Product is installed;
6.The name of the SPW Salesperson or Dealer from whom the product was purchased.
7.A description of the defect and the date of first discovery of the claimed defect.
The foregoing notice shall be delivered to SPW at:
SIERRA PACIFIC WINDOWS SIERRA PACIFIC WINDOWS
Attn: Warranty Claim -Or-Attn: Warranty Claim
11605 Reading Road/PO Box 8489 575 South Whelen Avenue
Red Bluff, CA 96080 Medford, WI 54451
IV.DISPUTE RESOLUTION.
A.In order to achieve a quick and final resolution of disputes, You and SPW agree that any dispute or
claim of any kind or amount arising out of the sale of windows, doors, and related or associated
products (“Residential Products”), or otherwise relating to SPW, shall be resolved as follows,
hereinafter “Dispute Resolution Agreement” or “Agreement”:
i.The dispute or claim shall be submitted to mediation, as described herein; and
ii.If the mediation does not resolve the dispute or claim in its entirety, then that dispute or
claim, or portion thereof, shall be resolved through binding arbitration, as described
herein.
B.Disputes and claims subject to this Agreement include, but are not limited to:
i.Any alleged breach of contract or breach of the duty of good faith and fair dealing;
ii.Any alleged breach of warranty, express or implied;
iii.Any alleged construction defect, including any claims brought under Civil Code Section
895 et seq. (generally referred to as “the Right to Repair Act” or “SB 800”);
iv.Any alleged violation of federal or state law or regulation;
v.Any alleged violation of consumer protection or unfair business practice;
vi.Any alleged tort claim, including but not limited to, claims for negligence, strict liability, or
fraud;
vii.Any other claims, whether arising in equity or common law, and whether seeking
damages, injunctive relief, specific performance, declaratory or equitable relief;
viii.Any dispute regarding the enforceability or applicability of this Dispute Resolution
Agreement or any term herein;
ix.Any dispute regarding the rights, duties and obligations of the parties with respect to this
Dispute Resolution Agreement.
C.Agreement to Mediate. You and SPW agree that any dispute or claim arising out of the sale of
Residential Products, or otherwise relating to SPW, shall be submitted to non-binding mediation
prior to any arbitration proceedings. Either party may commence mediation by notifying the other
party in writing of its desire to pursue mediation and the subject of the dispute or claim. The
parties will cooperate with one another in selecting a mediator and in scheduling the mediation
proceeding. The mediation will be held in Sacramento, California, unless the parties agree
otherwise. The parties agree that they will participate in the mediation in good faith.
SPW shall be responsible for paying the costs of the mediation. Each party shall be responsible
for their own attorney fees and expert fees, if any. All offers, promises, conduct and statements,
whether oral or written, made in the course of the mediation by any of the parties, their agents,
employees, experts and attorneys, and by the mediator, are confidential, privileged and
inadmissible for any purpose, including impeachment, in any arbitration or other proceeding
involving the parties, provided that evidence that is otherwise admissible or
discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the
mediation.
D.Agreement to Arbitrate. In the event that a dispute or claim arising out of the sale of Residential
Products, or otherwise relating to SPW, is not resolved through mediation, You and SPW
agree that such dispute or claim shall be resolved through binding arbitration. Arbitration shall
be conducted with JAMS, a private alternative dispute resolution business, pursuant to its
Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited
Procedures in those Rules.
SPW shall be responsible for paying the costs of the JAMS arbitration. Each party shall be
responsible for their own attorney fees and expert fees, if any. The arbitration will be held in
Sacramento, California, unless the parties agree otherwise. Judgment on the arbitration award may
be entered in any court having jurisdiction.
E.No Jury Trial. YOU AND SPW AGREE TO WAIVE ANY RIGHT TO A JURY TRIAL AND
AGREE TO HAVE ALL DISPUTES HEARD AND DECIDED SOLELY BY THE ARBITRATOR
CONDUCTING THE BINDING ARBITRATION.
F.No Class Action or Representative Action. YOU AND SPW AGREE THAT ALL DISPUTES
OR CLAIMS SHALL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS, AND SHALL NOT
BE BROUGHT AS A REPRESENTATIVE OR CLASS ACTION. THE PARTIES AGREE THAT
THE ARBITRATOR SHALL NOT HAVE THE POWER TO CONDUCT THE ARBITRATION AS
A REPRESENTATIVE OR CLASS ACTION.
G.Limitations on Liability. You and SPW agree to waive any right to recover indirect, special,
incidental or consequential damages or losses, including but not limited to, damages or losses
from business interruption, loss of use, loss of business, loss of revenue, or loss of profits. You
and SPW agree to waive any right to recover punitive or exemplary damages. You and SPW
agree that the arbitrator is not empowered to award such damages. Some states do not allow
for the exclusion or limitation of incidental, consequential or indirect damages or losses, so this
limitation may not apply to you.
You and SPW agree that in no event or circumstance shall the aggregate amount of damages
awarded in arbitration(s) exceed the aggregate amount paid to SPW in connection with the sale
of the Residential Products; this limit applies regardless of whether damages are awarded in
connection with one claim or multiple claims or one arbitration or multiple arbitrations, and
regardless of the timeframe over which the claim(s) are made or arbitration(s) instituted.
H.Governing Law and Severability. This Dispute Resolution Agreement and the rights of the
parties hereunder shall be governed by and construed in accordance with the laws of the State
of California, exclusive of conflict or choice of law rules. The parties acknowledge that this
Dispute Resolution Agreement evidences a transaction involving interstate commerce.
Notwithstanding the provision in this paragraph with respect to applicable substantive law, any
arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal
Arbitration Act (9 U.S.C., Secs. 1-16). In the event any aspect of this Dispute Resolution
Agreement is found to be unenforceable or void, the remaining provisions of this Agreement shall
remain in full force and effect.
I.Opt-Out Procedure. You may opt-out of this Dispute Resolution Agreement within twelve (12)
months from the date of manufacture of your Residential Product by visiting the website
www.sierrapacificwindows.com/optout and completing the form to opt-out of this Dispute
Resolution Agreement.
(For additional information, including SPW Guides, care and maintenance instructions, installation instructions
and previous warranties, refer to www.sierrapacificwindows.com or contact your local Sierra Pacific Windows
Service Center or Dealer.
Initials:________Page 6 of 791203788Order Number
Effective 05/01/17
City of Aspen
Received
7/11/17
Building Department
309A Meadowview Lane
Basalt, CO 81621
(970) 927-1726 (Office)
(970)309-0918 (Cell)
(970) 927-1727 (Fax)
rkaser@spi-ind.com
Sierra Pacific Windows
91203788
Ship To:
Sold To:Drawings June 27, 2017
Page 7 of 7
ROBIN SCOTT INTERIORS
1) C-DG-5436-1(O)
Qty: 1
RO: 54 3/4"x36 3/4"
Jamb: 6 11/16"
Loc:
Sym:
Clad: 024-Bronze
All Window/Door operations are viewed from exterior. Pictures are NOT to scale. They are offered as a rough
approximation of design and mulling sequence, therefore CAD drawings may still be required on some units.
City of Aspen
Received
7/11/17
Building Department