TERMS, CONDITIONS AND WARRANTY

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PORTE USA, LLC warrants that all its products manufactured and provided by PORTE USA are free from defect in material and workmanship (excluding installation) for a period of one (1) year from the date of delivery to the original purchaser and will repair or replace any defective product or parts at PORTE USA’s sole discretion.

Notice Provision:

The original purchaser shall notify PORTE USA in writing promptly upon discovery of facts giving

rise to any claim under this warranty, stating specifically the nature of the claim, the date of discovery

of the same, identifying the product involved, and providing photographic evidence of the condition

of the doors. Inspection of goods must be made upon receipt and any claim must be received by

PORTE USA within thirty (30) days of receipt or discovery of the defect. Failure to notify PORTE USA within thirty (30) days after discovery of facts giving rise to the claim shall fully and completely

relieve PORTE USA from any obligation under this warranty.

This Limited Warranty sets forth PORTE USA maximum liability for its iron

products. PORTE USA makes no other warranty, expressed or implied, including

implied warranties of merchantability and fitness for a particular purpose, with

respect to its products except as set forth above. No distributor, dealer or

representative has the authority to change or modify this Limited Warranty. In no

instance shall PORTE USA be responsible for indirect, consequential or incidental

damages. Some states do not allow the exclusion or limitation of implied

warranties or of incidental or consequential damages, so the limitation or

exclusion may not apply to you. IN SUCH CASE, THE DURATION OF ANY

IMPLIED WARRANTY SHALL BE THE SAME AS THAT OF THE EXPRESSED

WARRANTY STATED HEREIN. PORTE USA NEITHER ASSUMES NOR

AUTHORIZES ANY OTHER PARTY TO ASSUME FOR IT, ANY OTHER

LIABILITY.

(This warranty gives you specific legal rights, and you may also have other rights that vary from state

to state.)

(a) If our products should prove to be defective, our only responsibility will be to either repair

       or replace the defective item(s), and we will have no liability or obligation for any damages

       of any kind beyond such repair or replacement. Products are custom made, therefore we

      will not provide any refunds once we begin production.

(b) Our obligation to repair or replace any defective item terminates one (1) year after the

       product has been delivered by PORTE USA to the customer, and also terminates at any

       time anyone other than our company performs any work of repair, service, or replacement

       on the item without our prior written consent.

(c) The glass provided comes with a manufacturer’s warranty. For any glass claims please

       contact our Customer Service department.

(d) We ask you to keep in mind that exposure to natural elements and frequent use is expected

        to cause PORTE USA’s products purchased and ordered to naturally age. Any damages or

        changes to the products brought on by frequent use or exposure to the elements is

        considered an organic process that cannot be prevented, and it is not thought to be a defect

        covered. After delivery, the customer becomes fully responsible for providing maintenance

        to the unit(s) to keep them in a good state.

(e) All products by PORTE USA are considered “one of a kind”. PORTE USA’s products are

      hand forged and individually finished in our factory. Minor differences in these products

      are normal and to be expected to achieve the “hand forged” look, and since each product

      is handcrafted, they may contain variations in color design, finish and overall appearance

      from any samples presented. Some designs may dictate that slight variances occur to

      preserve strength and rhythm of the design, depending upon the configuration of the

      door, gate, window, garage door, insert or any other product built by PORTE USA.

(f) Paint finishes will naturally age relative to exposure to natural elements and is therefore not

      covered by any warranty either implied or expressed. Due to frequency of use, in time, the

      finish may rub off in certain places. This however, for the purpose of this warranty is not

      considered a defect but a natural process that, over time, enhances the overall appearance

      and beauty of the metal.

(g) PORTE USA will not be responsible for products damages in any Force Majeure, which

       includes but is not limited to, acts of governments, acts of nature, fire, explosion, typhoon,

      flood, earthquake, tide, lightning, war, means any event that is beyond the Party's

      reasonable control and cannot be prevented with reasonable care. PORTE USA’s warranty

     will also not cover any damage caused by acid rain, salt spray, or other corrosive

     elements; problems caused by high humidity (condensation and frost); discoloration of

     non-visible parts; wood rot due to improper maintenance or installation; or problems due

     to water leakage.

(h) The limited warranty covers the damage to the door during installation provided that

       installation is completed by PORTE USA and that the damage is caused by the PORTE

       USA’s installers. In the event that an unrelated party is chosen for installation, damage

       during this operation is not covered under this warranty. Provided that installation is

       done correctly by an unrelated party, the standard warranty of one (1) year, covering

       manufacturers’ defects (as stated above) begins at the date of installation. In the event of

       any claims regarding manufacturers’ defects immediately following installation by an

        unrelated party must be inspected and approved by PORTE USA. All warranties are null

       and void if installation is found by PORTE USA to be faulty in workmanship, in its sole

       discretion.

(i) It is reasonable to expect some scratching or scuff marks as a result of handling during the

       installation process or shipping; this is not considered a manufacturers’ defect.

(j) In no case does this limited warranty cover the costs of labor required to finish, replace

      product, elaborate or install trim or other carpentry work that may be required.

      Replacement parts or products will be the closest equivalent to the current product and

      may not exactly match the original. Parts will be provided at PORTE USA’s sole

      discretion and may or may not include shipping charges. The warranty on any

      replacement product will extend for the balance of the original warranty period.

(k) All metal products exposed to below freezing climates may sweat on the interior

      depending on the humidity level in the home. This is not considered to be a defect with

      the product, and will not harm it.

(l) WHERE TO SEND CLAIMS: Under this Limited Warranty claims must be made in writing

     within the period of this warranty and prior to the beginning of any repair work to:

                             (i) PORTE USA 152 N Solms Rd New Braunfels TX 78132.

                             (ii) Claims must detail the date and location of purchase, THE

                       NATURE OF THE PROBLEM, and the name, address and telephone

                          number of the person making the claim. PORTE USA. reserves the

                          right and must be given at least a thirty (30) day opportunity to have

                          any door which is the subject of a warranty claim field inspected by a

                     PORTE USA representative. THIS LIMITED WARRANTY EXTENDS

                      ONLY TO THE ORIGINAL PURCHASER OF PRODUCTS OR TO

                   THE ORIGINAL PURCHASER OF THE STRUCTURE INTO WHICH

                    SUCH PRODUCTS ARE INSTALLED.

(m) IN NO EVENT SHALL PORTE USA BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR

       CONSEQUENTIAL DAMAGES (WHETHER UNDER THEORIES OF TORT, STRICT

       LIABILITY, CONTRACT, WARRANTY OR OTHERWISE). The client agrees to indemnify

       and hold PORTE USA and its affiliates harmless from and against any and all liability,

       claims, losses, costs, and expenses including but not limited to attorneys’ fees that rise

       from the client’s violation or breach of these Terms and Conditions, arising from the

       client’s violation of any third party’s rights such as trademark, copyright, proprietary and

       privacy rights, or regulation or ordinance. This indemnification and hold harmless

      obligation will survive the termination of these Terms and Conditions.

(n) PORTE USA supports our customers with a warranty that covers defective conditions

      based on industry standards of acceptability. Since the products are custom made, we do

      not issue any refunds or take the products back. We take a fair and objective view of any

      warranty situation, but it is important to understand that a warranty does not cover any

      and all problems that may occur. We urge you to call if you have questions or need further

      clarification on our warranty conditions or relating to any specific situation that you may

      encounter. We can require that an inspection be made by one of our employees prior to

      adjustment or replacement.

(o) All items purchased from PORTE USA are made in accordance with a shipment contract.

       This means that the risk of loss and title for such items pass to you upon tender of the item

        to the carrier. If you have any questions regarding the terms and conditions specified

       above, get in touch with us by sending us an email. We welcome any questions or

       concerns that may arise.

(p) Any unpaid products may be subject to mechanic liens and collections.

(q) The person/company placing the order will be the person responsible for payment. Lack

      of payment of the homeowner/owner of property/company in charge of a commercial

      project to the builder, subcontractor, designer or any other representative that ordered the

      product is not a reason to refuse payment of said product, given that the products are

      made to order.

WARRANTY EXCLUSIONS:

(a) Non-PORTE USA’s products or other brands; (i.e. pull-handles, or items added to the unit

     after the sale); products that have not been paid for in full at the time of completion and

     finish out; problems caused by improper storage, handling, installation, finishing, use,

     modification, or maintenance. Locksets, hardware and other door components are covered

     under the conditions of the separate hardware warranties. All product finishes may age

     relative to exposure. The finish is warranted against flaking or peeling from normal wear

     and tear. Products may be cleaned with a mild soap and water mixture, as cleaning with

     harsh chemicals including ammonia-based products (e.g. glass cleaner) may damage the

     finish. Products installed in corrosive environments, considered as any area within two

     miles of a coastline, are only covered for a period of twelve (12) months under this limited

     warranty and must be ordered for coastal application and manufactured for such, as

     specified by PORTE USA. Coastal door hinges require oil on an annual basis.

(b) Damages incurred during shipping are not considered a product defect and therefore are

     not covered under warranty. Shipping damages must be claimed with the shipper within

     their specified time limit (typically 3 calendar days). Including glass breakage or shattering

     for any reason (Insulated Glass is covered by warranty provided by glass manufacturer.)

     Products subjected to conditions outside their design limitations; minor imperfections in

     the metal that do not affect the product's structural integrity; minor variations in finish

     color; normal wear or discoloration of finish. PORTE USA does not consider this to be a

     defect, but rather a normal process, and over time enhances the naturally aging

     appearance of the metal and finish); finish problems caused by mechanical damage or

    abrasion.

(c) Condensation on doors or windows or any related water damage, which may occur as a

    result of humidity within the property or changes in the interior/exterior temperatures are

    not covered under this warranty. Peeling paint or any other damages caused by

    condensation or improper ventilation are also not covered under this warranty. Water

    damage caused by spraying the door/window with a pressurized hose is not the

    responsibility of PORTE USA and as such is not covered under this warranty.