PRIME WINDOWS & DOORS
The complete
installation warranty.
Our proposed 10-year limited workmanship warranty — including transfer of the remaining term when the property changes ownership, the scope of covered workmanship, exclusions, and how to submit a claim.
1. Issuer, scope and defined terms
This proposed Limited Installation Workmanship Warranty (“Workmanship Warranty”) is offered by Prime Windows & Doors (“Prime”) to the owner from time to time (“Owner”) of the residential property identified on Prime's applicable sales and installation records (“Property”). It is a warranty of qualifying installation workmanship performed by Prime's installation personnel, not a product-manufacturing warranty.
“Covered Installation” means the installation of windows, entrance doors or patio/garden doors installed by Prime at the Property under a qualifying written supply-and-install contract. “Completion Date” means the date the Covered Installation is substantially completed, evidenced by Prime's job completion record or other reliable documentation.
Unless a written agreement expressly provides otherwise, supply-only purchases, installations performed by third parties, pre-existing products, unrelated building work and services performed by contractors not engaged by Prime are outside the scope of this Workmanship Warranty.
2. Duration and automatic transfer with the Property
Subject to these terms, Prime warrants that a Covered Installation will be free from a material defect directly attributable to Prime's installation workmanship for TEN (10) years beginning on the Completion Date. The warranty expires at the end of that period; repair or replacement does not restart or extend the original term unless required by law.
This Workmanship Warranty is attached to the Property and automatically benefits each subsequent Owner during the remaining original 10-year term, without a transfer fee. A change in ownership does not reset the period. A successor Owner may be asked to provide reasonable proof of property ownership and the original installation address and date.
This automatic transfer applies ONLY to Prime's Workmanship Warranty. Manufacturer product warranties may have different terms, eligibility requirements, transfer procedures, fees and durations, which remain the responsibility of the relevant manufacturer.
3. What qualifying workmanship coverage includes
Subject to an assessment of cause, a covered defect may include a significant failure to secure, align, level or fasten the unit using the applicable installation method; or a material deficiency in the installation-related flashing, sealing or integration with the prepared opening that is directly caused by Prime's installation and produces an actual performance problem.
Coverage applies to reasonable labour required to correct the proven workmanship deficiency within the portion of work originally performed by Prime. Inspection and assessment may be necessary to determine the source of a reported condition.
Prime may, acting reasonably and consistently with applicable law, select the appropriate corrective work, including adjustment, reinstallation, repair of installation-related materials, or other measures that restore the affected Covered Installation to the applicable workmanship standard.
4. Routine maintenance and normal service exclusions
This Workmanship Warranty does not include routine maintenance or ordinary aging, weathering, discolouration, deterioration or wear from everyday use. The Owner is responsible for reasonable inspection, cleaning and maintenance of windows, doors, drains, tracks, hinges, operators, locks, weather seals and related components in accordance with product instructions.
Normal shrinkage, cracking, separation, aging or maintenance replacement of exposed caulking, sealant beads, paint, stain, coatings and other exterior finish materials is excluded, except to the extent a particular condition is proven to be the direct result of a defective original installation rather than ordinary maintenance or service life.
Consumables and wear items such as door sweeps, weatherstripping, screens, rollers, handles, locksets, hinges, operators, closers, batteries, glazing films and adjustment needs arising from normal use are not covered by this workmanship-only warranty. Defective manufactured components should be assessed under the applicable manufacturer warranty.
5. Building movement, conditions beyond Prime's work and other exclusions
Unless a loss is directly caused by a proven defect in Prime's installation, this Workmanship Warranty does not cover damage, malfunction or water/air entry arising from settlement, shifting, movement, deflection, sagging or expansion of the building or its framing, foundations, cladding, masonry, roofing, siding, stucco, decks, or other structural and surrounding components.
Excluded conditions include pre-existing concealed rot, mould, moisture damage, inadequate structure, deficiencies in the original building envelope, roof or wall leaks from outside the Covered Installation, defective drainage paths or house-wrap systems beyond Prime's contracted work, and nonconforming work by others that could not reasonably be detected or corrected within Prime's agreed scope.
Damage from misuse, impact, accident, forced entry, fire, flood, storms, wind-driven debris, ice dams, extraordinary weather events, pests, chemical exposure, pressure washing, excessive interior humidity, condensation on room-side or exterior glass surfaces, poor ventilation and abnormal indoor/outdoor pressure differentials is excluded to the extent it is not attributable to a covered workmanship defect.
This Workmanship Warranty does not apply to damage or malfunctions caused by modifications, repairs, drilling, paint application, films, storm-door additions, attachments, or alterations performed by the Owner or another contractor after completion, to the extent such activity caused or materially contributed to the condition.
Prime does not warrant the performance of customer-supplied products, manufacturer specifications, changes in a product's design, glass breakage, manufacturing defects or items supplied or installed by others. Cosmetic differences and minor appearance variations that do not amount to deficient workmanship are outside coverage.
6. Claim notice and reasonable access
To request assessment, the Owner should contact Prime as soon as reasonably practicable after discovering a suspected defect, provide the Property address, approximate installation date, contact details, a description of the condition and photographs if available, and take reasonable steps to prevent avoidable additional damage.
Prime must be given a reasonable opportunity to review the reported condition and inspect the affected area by appointment. The Owner agrees to provide safe access and remove personal property or obstructions reasonably necessary for inspection or repairs.
Delayed reporting will not, by itself, automatically extinguish otherwise valid warranty rights; however, Prime may reasonably decline responsibility for additional deterioration or avoidable damage caused or materially increased by an unreasonable failure to mitigate or permit access, to the extent permitted by law.
7. Remedies, other trades and associated work
Where a covered installation workmanship defect is confirmed, Prime will provide the appropriate corrective installation labour without charging the Owner for that covered remedy, subject to the limits of the original contracted work and applicable law.
Unless required by law or expressly agreed in writing, this Workmanship Warranty does not include work outside Prime's original contract, including repairing or replacing unrelated roofing, siding, brickwork, stucco, structural framing, drywall, decorating, finishes, flooring, window coverings, alarms, utilities, landscaping or other work by third parties.
If the reported matter is not covered, Prime will explain the findings and obtain the Owner's approval of any proposed non-warranty service charges before scheduling chargeable work. No non-warranty charge arises merely because an Owner submitted a request.
8. Manufacturer warranties and product replacement
Windows, doors, glazing, coatings, hardware, insulated glass seals and related manufactured components may be subject to a separate manufacturer's written warranty. Those terms, including limitations, claims procedures, labour coverage, prorating and transfer requirements, are determined by the issuing manufacturer.
Prime may assist with manufacturer warranty coordination where applicable; manufacturer approval, availability of identical parts, replacement colour matching and reimbursement of labour are not guaranteed by this Workmanship Warranty. The replacement of a manufactured component does not extend Prime's original workmanship warranty term.
9. Limitations and preservation of legal rights
This is a limited, additional contractual workmanship warranty, and not a representation that every failure, leak or service concern during the term is an installation defect. Causation and the applicable scope of the contracted work must be determined on a reasonable review of the facts and available evidence.
To the extent permitted by applicable law, Prime's contractual obligations under this Workmanship Warranty are limited to reasonable remedial work on a proven defective Covered Installation, rather than unrelated or speculative costs. Nothing in these terms is intended to exclude liability that cannot lawfully be excluded, or to remove any remedy otherwise available for negligence, breach of contract or statutory rights.
Nothing in this warranty modifies or overrides non-waivable consumer rights under applicable Ontario or Canadian law. If any provision is found invalid or unenforceable, the balance of the warranty remains effective to the extent permitted by law.
10. Entire warranty and records
This Workmanship Warranty should be read alongside the signed sales agreement, documented work scope and relevant manufacturer warranties. Any project-specific amendment or exception must be agreed in writing by an authorized Prime representative.
Prime may rely upon reasonably available job records, photographs, invoices, supplier documentation and inspection findings when assessing a claim. Website summaries or marketing descriptions do not enlarge a signed warranty unless expressly incorporated into the applicable agreement.
For warranty and service requests, contact Prime Windows & Doors, 193 Cannifton Road North, Belleville, Ontario, at belleville@primewd.ca or 613-438-4654.
Important: This draft should be reviewed by Ontario construction counsel and reconciled with your existing customer contracts, insurance and manufacturer arrangements before adopting it. The warranty applies to installation labour, not every product component.
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