Products Warranty - Lifetime Limited Warranty

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, all polyurethane spray foam insulation (the “Products”) when installed by authorized contractors using trained applicators and applied in accordance to the product specifications and instructions (the “Services”), will perform to the manufacturer standards and specifications current at the time of performance of the Services.

Our Products are intended for installation only by iFOAM Franchisee licensed professional contractors or dealers serving the commercial, industrial, and residential markets, who assume full responsibility for (a) determining the most appropriate product for the specific application, (b) testing, (c) quality control, and (d) installation.

This Products 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 Products Warranty is issued to the real property owner and is transferable. This Products Warranty is in effect throughout the life of the structure or building on the real property upon which the Products are installed or used.

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 Products Warranty must notify both Franchisor and iFOAM Franchisee in writing of the Product defect promptly following its discovery of any Product defects and must submit with this notice: proof of the date of purchase, contractor who applied the Products 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 defects in the Products are discovered, iFOAM Franchisee shall, at its own expense, make commercially reasonable efforts to repair, replace, or resolve the Product defects in a reasonable time frame.

iFOAM Franchisee’s sole responsibility under this Products Warranty shall be to repair, replace, or resolve any defective Products at the cost of the material only.

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 PRODUCTS OR THE USE THEREOF.

iFOAM Franchisee shall not be held liable under this Products Warranty for: (a) defects or failure caused by improper storage of the Products; (b) performance or rendering of the Services or installation 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 Products; (e) any damage caused to the property of others; (f) any damage caused by alteration following completion of the installation of the Products; (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 Products are installed or used in the performance or rendering of the Services; or (h) any damages or claims related to areas of the building or structure on the real property upon which the Products are installed or used in the performance or rendering of the Services that have been altered, replaced, or 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 the Products, including without limitation: (a) loss of use, loss of work in progress, down time, or loss of income or profits; (b) any other costs whatsoever related to, or in connection with, the removal, installation, or reinstatement of any repair of replacement; or (c) lawyer’s fees.

The foregoing constitutes iFOAM Franchisee’s sole and exclusive obligation with respect to damages, whether direct, incidental or consequential, or claims, resulting from the use or performance of the Products.

Statements about the performance qualities, use, nature, or results of the Products made by iFOAM Franchisee or iFOAM Franchisee contractors, installers, agents, or representatives, or contained in advertising literature do not constitute an express warranty.

This Products 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).