Warranty

This constitutes the Limited Warranty of Bay Insulation Systems, (“Bay Insulation”), 2929 Walker Drive, Green Bay, WI 54311, with respect to the insulation provided by Bay Insulation (the “Project”).

Bay Insulation hereby offers a limited warranty (the “Limited Warranty”) for insulation manufactured by Bay Insulation and installed on the Project (the “Insulation”), that such Insulation will be free of material defects during the warranty period. The warranty period shall last for a period of one (1) year from date of substantial completion not to exceed eighteen (18) months after delivery/installation. However, the Limited Warranty will terminate earlier on the sale or transfer of the building or site where the Insulation is located.

This Limited Warranty is voided by acts of God or weather damage; environmental conditions; exposure to foreign substances or chemicals; or non-manufacturing defects, including, but not limited to, improper installation or maintenance, normal wear and tear, casualty loss, abuse, mishandling, or misuse of the Insulation.

With respect to claims timely presented and otherwise in accordance with this Limited Warranty, Bay Insulation agrees, at Bay’s sole election, to either (1) provide repair of or replace defective Insulation, or (2) refund an amount equal to the reasonable cost of the quantity of Insulation sufficient to replace the deficient Insulation. THE REPAIR, REPLACEMENT OR REFUND AT BAY INSULATION’S ELECTION AS DESCRIBED IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY AND ALL CLAIMS PRESENTED.

Any claims under this Limited Warranty must be made in writing to Bay Insulation at 2929 Walker Drive, Green Bay, WI 54311 , within thirty (30) days of discovery of the issue giving rise to the claim, and must relate to claims arising during the applicable warranty period. The claims must identify the building address, the date of purchase or installation of the Insulation, the warranty claimant, and the nature of the claim in sufficient detail to permit an assessment of the claim, and the warranty claimant must allow access to a Bay Insulation representative to view the property and the Insulation specified in the claim, including the taking of photographs and gathering samples as required by Bay Insulation.

EXCEPT AS TO THE EXPRESS WARRANTY PROVIDED HEREIN, BAY INSULATION HEREBY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE INSULATION, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NO EMPLOYEE, REPRESENTATIVE, OR AGENT OF BAY INSULATION MAY MAKE ANY PROMISE OR STATEMENT, ORALLY OR IN WRITING, WHICH IS CONTRARY TO THIS DISCLAIMER.

BAY INSULATION SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, AS TO ANY LOST PROFITS OR LOST REVENUES, WHETHER SUCH DAMAGES MAY ARISE PURSUANT TO CONTRACT, TORT OR OTHERWISE. SOME STATES MAY NOT ALLOW LIMITATIONS ON OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

For further information or to receive help in filing a warranty claim, feel free to contact Bay Insulation at 920-406-4000.