Disclaimer
Warranties: (a) Limited Warranty. Subject to the limitations and exclusions set forth in item (c) below, BriteStreet hereby provides a warranty for its labor for the removal and reinstallation of the System for a period of ten (10) years beginning on the date of the completion of its reinstallation work (the “Warranty Period”). (b) Activation and Claims. In order to activate its warranty, customer must visit the BriteStreet.com website and follow the directions set forth therein for the registration of its warranty. Customer shall make any warranty claims in writing to BriteStreet prior to the expiration of the Warranty Period. In the event Customer makes a valid warranty claim, subject to the limitations and exclusions set forth in this Section (c) below, BriteStreet, at its sole option, shall either: (i) repair, correct or otherwise cure, or subcontract or otherwise arrange for a third party to repair, correct or otherwise cure, the defective work on which such warranty claim is based; or (ii) pay to Customer the reasonable cost of repairing, correcting or curing such defective work. (c) Warranty Exclusions. Notwithstanding anything to the contrary set forth herein, BriteStreet specifically excludes from the limited warranty set forth in item (a) above any defects caused by or resulting from any of the following: (i) Defects causedby the condition of the roof, (ii) Defects caused or made worse by: (A) the materials, Equipment or work supplied by any third party, including OEM’s other than BriteStreet or its subcontractors; (B) misuse, abuse, negligence, accident, vandalism, theft, or unauthorized tampering by any party other than BriteStreet or its subcontractors; (C) the negligence, improper maintenance, or improper operation of the System by anyone other than BriteStreet or its subcontractors; (D) normal wear and tear or deterioration; or (E) Loss or damage to the System that results from acts or God or acts of force majeure, including without limitation, fire, explosion, smoke, water escape, storms, rain, wind, hail, lightning, falling trees, animals, vehicles, flood, earthquake, and climate changes. (d) THIS WARRANTY IS A LIMITED WARRANTY AND IS GIVEN IN LIEU OF AND INCLUDES ANY AND ALL EXPRESS AND IMPLIED WARRANTIES THAT MAY APPLY TO BriteStreet’S WORK. FURTHER, BriteStreet MAKES NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND (OTHER THAN WHAT IS MINIMALLY REQUIRED BY STATE WARRANTY LAWS) WHETHER EXPRESS OR IMPLIED, REGARDING ANY ASPECT OF ITS WORK, OR OTHERWISE COVERING THE SYSTEM OR ANY COMPONENT OR ELEMENT THEREOF, INCLUDING WITHOUT LIMITATION, THE MERCHANTABILITY, SUITABILITY, ORIGINALITY, FITNESS FOR A PARTICULAR USE OR PURPOSE OR RESULTS TO BE DERIVED FROM THE USE OF THE SYSTEM, AND BriteStreet SPECIFICALLY DISCLAIMS ALL SUCH IMPLIED WARRANTIES.