Aztec Washer Company, Inc. (“Aztec”), warrants to the purchaser that, subject to the terms, conditions, and limitations stated herein, Aztec will replace any MASTER FLASH® standard EPDM (ethylene propylene dienemonomer) or silicone pipe flashing product should it fail due to normal weather and/or atmospheric conditions within twenty five (25) years after date of purchase. As used herein “fail” means that the product allows water to leak through the flashing.
TERMS, CONDITIONS, LIMITATIONS
1. Purchaser shall give Aztec written notice within 30 days of failure. Such notice shall set forth the date of installation and the nature of the defect and shall request a return authorization for warranty evaluation.
2. Upon receipt of Aztec’s return authorization, purchaser shall send the MASTER FLASH® product, postpaid and insured, to Aztec for warranty evaluation.
3. If, upon Aztec’s inspection, Aztec determines that the leak or leaks are caused by defects in Aztec materials or workmanship supplied or provided by Aztec (except as provided in paragraphs Number Four (4) and Number (5), Aztec’s sole responsibility shall be to replace the defective MASTER FLASH® product at no cost to Customer. Aztec will not be responsible for the cost of removing the defective MASTER FLASH® product or installing the replacement.
4. This warranty shall not be applicable if, in the sole judgment of Aztec:
a) The MASTER FLASH® is damaged by natural disaster, Act of God or an intentional or negligent act, breach or ommission after purchase.
b) If metal work, petrochemicals, or other installation materials, not furnished by Aztec, are used and cause or contribute to the leak.
5. This warranty shall be null and void if in the sole judgment of Aztec any of the following shall occur:
a) If material modification is made to the MASTER FLASH® including (but not by way of limitation) multiple penetratrations, removal of material other than that necessary for appropriate sizing or:
b) Application of MASTER FLASH® outside its normal application parameters:
i) For the standard EPDM pipe flashing in proximity to temperatures lower than – 650 or higher than + 2500 Fahrenheit.
ii) For the silicone pipe flashings in proximity to temperatures lower than –1000 Fahrenheit or higher than +4370 Fahrenheit.
iii) In contact with petrochemicals or other corrosives.
c) Purchaser fails to comply with any of the terms or conditions stated herein.
6. Aztec shall have no obligation under this Warranty unless and until Purchaser has fully paid the full purchase price to the authorized Aztec MASTER FLASH® distributor.
7. Aztec’s failure at any time to enforce any of the terms or conditions stated herein shall not be constructed to be a waiver of such provision.
8. This warranty supersedes and is in lieu of any and all other express and implied warranties.
THERE IS NO WARRANTIES WHICH EXTEND BEYOND THE FACT HEREOF. AZTEC SHALL NOT UNDER ANY CIRCUMSTANCES BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY BREACH OF WARRANTY. NO AGENT, REPRESENTATIVE OR EMPLOYEE OF AZTEC HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES EXCEPT AS STATED HEREIN.