Workmanship Warranty – 5 Years
iFOAM Franchisee, an independently owned franchised business and/or licensee of the “iFOAM” trademarks, named within and a party to that certain service agreement (“Service Agreement”) with the real property owner (“iFOAM Franchisee”) warrants to the real property owner, subject to the terms and conditions set forth herein, that the manufacturing and application (the “Services”) of the polyurethane spray foam insulation (the “Products”) shall be performed or rendered free from material workmanship defects.
This Workmanship Warranty shall be secondary to any warranty offered by the manufacturer or distributor of the Products used in the performance or rendering of the Services.
This Workmanship Warranty is issued to the real property owner and is transferable. This Workmanship Warranty is in effect for a period of five (5) years after substantial completion of the Services.
Neither our Franchisor, HPB Foam LLC, a Pennsylvania limited liability company (“Franchisor”), nor iFOAM Franchisee offers any other warranties or guarantees extending beyond the description expressly set forth in this Products Warranty.
Real property owners making claims under this Workmanship Warranty must notify both Franchisor and iFOAM Franchisee in writing of the workmanship defect promptly following its discovery of any workmanship defects and must submit with this notice: proof of the date of performance or rendering of the Services, contractor who performed or rendered the Services, and the date, location and description of the circumstances under which the defect occurred or was first noticed. To be effective, all notices shall be given in writing to: (i) the iFOAM Franchisee, to the address set forth on the Service Agreement; and (ii) Franchisor, at Franchisor’s Corporate Office, located at 2525 N. 117th Avenue, Omaha, NE 68164, Attention “Warranty Claim”.
If material workmanship defects are discovered, iFOAM Franchisee shall, at its own expense, make commercially reasonable efforts to repair or resolve the workmanship defects in a reasonable time frame.
iFOAM Franchisee’s sole responsibility under this Workmanship Warranty shall be to repair or resolve any defective workmanship defects.
THIS WARRANTY IS MADE IN LIEU OF, AND EXPRESSLY EXCLUDES, ALL OTHER WARRANTIES AND GUARANTEES, WHETHER WRITTEN OR ORAL, WHETHER AT LAW OR IN EQUITY, OR WHETHER ARISING OR EXISTING UNDER STATUTE (INCLUDING SPECIFICALLY ANY STATUTE GOVERNING THE SALE OF GOODS), OR IN TORT, OR BY IMPLICATION OF LAW OR OTHERWISE. iFOAM FRANCHISEE EXPRESSLY DISCLAIMS ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
UNDER NO CIRCUMSTANCES SHALL iFOAM FRANCHISEE BE LIABLE FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING FROM OR IN CONNECTION WITH THE PERFORMANCE OR RENDERING OF THE SERVICES.
iFOAM Franchisee shall not be held liable under this Workmanship Warranty for: (a) defects or failure caused by improper storage of the Products; (b) performance or rendering of the Services not in strict adherence with iFOAM Franchisee written instructions; (c) any damage due to fire, storms, other Acts of God, abuse, neglect, accident, roof leaks, or substrate failure; (d) defects, failure, or damage caused by materials adjacent to the Product; (e) any damage caused to the property of others; (f) any damage caused by alteration following completion of the installation of the Product; (g) any damages or claims due to rot, pest or rodent infestation, mildew, mold, hazardous materials, or natural aging of the building or structure on the real property upon which the Services are performed or rendered; or (h) any damages or claims related to areas of the building or structure on the real property upon which the Services are performed or rendered that have been altered, replaced, have work performed on them, or otherwise damaged by, another company, contractor, third party, or the real property owner.
iFOAM Franchisee further excludes liability, whether as a result of breach of contract or express or implied warranty, negligence or strict product liability, for special, indirect, incidental or consequential damages related to performance or rendering of the Services, including without limitation: (a) loss of use, loss of work in progress, down time, or loss of income or profits; or (b) lawyer’s fees.
The foregoing constitutes iFOAM Franchisee, sole and exclusive obligation with respect to damages, whether direct, incidental or consequential, or claims, resulting from performance or rendering of the Services.
Statements about the qualities, nature, or results of the Services made by iFOAM Franchisee or iFOAM Franchisee contractors, installers, agents, or representatives, or contained in advertising literature do not constitute an express warranty.
This Workmanship Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. Some U.S. states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. U.S. federal warranty law prohibits the disclaimer of implied warranties, so the above disclaimer of implied warranties may not apply to you.
Become familiar with local, state, and federal regulations regarding chemical health, safety, and handling. For more information consult the product SDS, contact the SPFA (www.sprayfoam.org) or the ACC (www.spraypolyurethane.org).