Innovative Energy Limited Warranty
AstroShield - Astro-Therm - ASTROBOARD Products
AstroShield, Astro-Therm, and ASTROBOARD products are warranted against defects in materials and workmanship for 5 Years in approved building or O.E.M. applications when installed in accordance with Innovative Energy's written instructions.
Liability under this warranty is limited to replacement of the product found to be defective and does not cover merchantability, fitness for specific application or any labor costs. Contact Innovative Energy for proper handling of any suspected defective material.
For details on General Terms and Conditions of this warranty and warranty for applications other than mentioned above, please see terms below.
WARRANTY DISCLAIMERS AND LIMITATIONS ON BUILDING APPLICATIONS
AstroShield, Astro-Therm, and ASTROBOARD products should always be stored in a clean dry environment with the rolls left in the poly bags they came in.
Although AstroShield, Astro-Therm, and ASTROBOARD products have UV and thermal blockers built in to the structures, the warranty does not cover installation in open or exposed applications such as lean-to's and open sided animal confinement buildings.
Applications where chemicals and off gassing products are present may void the warranty.
Never install over or near defective or exposed electrical wiring.
INNOVATIVE ENERGY, INC., GENERAL TERMS AND CONDITIONS OF SALE (USA)
Terms of Payment: Terms of payment shall be as stated on individual price sheets, quotes, invoices, or other agreement. If at any time the Buyer's credit is unsatisfactory to the Seller or is in any way impaired, or is pending approval, the Seller reserves the right, among other remedies; to terminate this contract, suspend further deliveries; or, to require payment either by:
Cash with the order
Credit Card with the order -- Seller's currently accepted credit cards
Where and only where offered, cash discounts are allowed only on the sales value of the goods. Transportation costs and other "add-on" charges are excluded. The Seller will compute and show on the invoice the exact amount of cash discount allowed. Buyer will not be allowed a cash discount on any invoice while any past due invoice remains unpaid. If Buyer fails to pay the price for goods when due, the Seller shall be entitled to recover the purchase price, any freight charges, the maximum interest rate permitted by law, costs of collection, all damages resulting from the Buyer's breach and reasonable attorney fees incurred. A Buyer who makes payment by check that is rejected by the bank will be assessed a fee of $50.00 for each rejected check.
Delivery/Risk of Loss/Transportation: Seller shall use reasonable commercial efforts to make delivery or perform services within the time requested. Unless the parties specifically agree to other transportation terms, deliveries shall be ex works from the facility, which Seller, in its sole discretion, selects to service the Buyer. Goods shall be deemed to be delivered and risk of loss shall pass to Buyer at the time goods are given to a transportation carrier.
Cancellation: Buyer's wrongful non-acceptance of goods, or cancellation or repudiation of an agreement to purchase goods shall entitle Seller to recover, (in addition to any incidental damages caused by Buyer's wrongful non-acceptance, cancellation or repudiation), the risk of loss of which has passed to Buyer at the time of non-acceptance, cancellation or repudiation, of goods which cannot reasonably be resold by Seller to a third party.
Return of Goods: Goods sold by the Seller may not be returned for credit, unless, permission is granted by the Seller, in writing within THIRTY (30)
DAYS from the date of delivery of the goods. Only standard goods regularly maintained in stock by the Seller, and in resalable condition, will be considered for return by the Buyer for credit. If permission is granted, such goods must be returned to Seller in good resalable condition, freight prepaid and credit will be allowed depending on the condition upon receipt by Seller. Special packaging by Buyer may be necessary to protect goods returned in less than full truckload quantities. Credit shall not exceed 75% of the original or then current purchase price for the goods delivered to the Buyer, whichever is the lower, less freight paid by the Seller on the original shipment to the Buyer. Contact the INNOVATIVE ENERGY INC. (IE) Customer Service Department to obtain a Return Authorization Number (RAN).
Defective Merchandise Policy: In the case of defective material, please contact the INNOVATIVE ENERGY INC. (IE) Customer Service Department immediately to complete a Customer Complaint Form (CCF) and obtain a Return Authorization Number (RAN). The CCF must be followed and completed in order for the issue to be considered for product replacement or credit. For a copy of the CCF, please contact IE Customer Service. Following the inspection of the merchandise, if the product is found to be defective a credit will be issued for the cost on the corresponding invoice or replacement product will be sent, at the Seller’s sole discretion. All defective merchandise must be returned with the RAN clearly marked on the merchandise. If your request for credit is rejected for any reason, you will be notified in writing of the reason for rejection.
Buyer's Remedies\Limitation of Liability: (1) Buyer's sole and exclusive remedy and the limit of Seller's liability for goods proven to be other than warranted, whether based upon breach of warranty, negligence, strict liability, tort, breach of contract or any other legal theory, shall be, at Seller's option, (a) replacement of the goods, without charge, carriage paid to Buyer's facility; or, (b) refund of the purchase price paid in respect of such goods or services, plus commercially reasonably charges in connection with the return or disposition of goods. To effect this sole and exclusive remedy, Buyer must make its claim for breach of warranty within 5 YEARS of the date of shipment of the goods, in the case of insulation for building and O.E.M. applications, and 60 DAYS of the date of shipment of the goods in the case of packaging products, and any such claim not made within the designated periods shall be irrevocably waived.
(2) Seller's sole liability with respect to the goods, for any and all loss or damage to Buyer, or any other loss, damage, expense or claim, resulting from any cause whatsoever (whether based on damaged or defective goods, irrespective of whether such damages or defects are discoverable or latent, or Seller's limited warranty shall fail of its essential purpose, or any other reason), and whether based upon breach of warranty, negligence, strict liability, tort, breach of contract or any other theory, shall in no event exceed the aggregate purchase price of the particular goods with respect to which losses, damages, expenses or costs are claimed. Seller shall have no liability to any person other than Buyer by virtue of the sale of the goods or any other matters contemplated by this document and Buyer shall add Seller as a party protected by Buyer’s warranty and limit of liability provisions in Buyer’s terms of sale. The limitation of liability set forth in this paragraph shall survive termination or cancellation of this document.
(3) The foregoing is the entire obligation of the Seller. In no event shall Seller be liable for any consequential, special, incidental, indirect or punitive damages to any person, whether based upon breach of warranty, negligence, strict liability, tort, breach of contract or any other theory, regardless of whether the replacement or refund remedy set forth above fails of its essential purpose or for any other reason whatsoever. No statement or recommendation made or assistance given by Seller, or its representatives, either oral or in any literature or other documentation, to Buyer, its customers or any other persons in connection with the purchase, use or installation by Buyer, its customers or any other persons, of any Product sold hereunder, shall constitute a waiver by Seller of any provision hereof or affect Seller's liability as herein defined; and no such statement, recommendation or assistance that is not expressly required by the provisions of this Agreement shall subject Seller to any liability of any nature whatsoever.