Solarium Warranty
Warranty Policy
1. The warranty offered by Groupe Somac Inc. (hereinafter referred to as “Somac") extends exclusively to the original purchaser and cannot be transferred to a new owner. It applies only to products sold and/or installed by Somac or one of its authorized agents.
2. The warranty offered by Somac shall come into effect on the date of full payment for the products and services purchased by the customer, and shall otherwise be suspended as long as the customer has outstanding financial obligations to Somac.
3. The customer chooses the product sold and its dimensions, and it is the customer’s responsibility to ensure that the product corresponds adequately to the customer’s needs, that the dimensions are appropriate, and that the whole complies with current municipal regulations. No order may be cancelled without written authorization from Somac. Any authorized cancellation may result in compensatory fees.
4. The following coverage applies to the various components of the products and services provided by Somac:
a) One (1)-year limited warranty on product installation when performed by a Somac representative or one of its authorized agents;
b) Ten (10)-year warranty on aluminum materials against manufacturing defects;
c) Three (3)-year warranty on paint finishes;
d) Ten (10)-year warranty on polycarbonate, in accordance with the manufacturer’s warranty offered by Galina;
e) Ten (10)-year limited warra anty on windows, applicable to the frame but expressly excluding the polymer.
Upon expiration of the above-mentioned warranty periods, Somac is released from all responsibility for any damage, wear, repair or replacement of the products and services sold. From that moment on, the customer is solely and entirely responsible for covering all costs related to the repair and replacement of products and services sold by Somac, regardless of the causes or circumstances that led to the defect.
In addition, any applicable warranty is subject to compensation adjustment to account for depreciation and normal wear and tear between the date of purchase and the date of the defect, with the understanding that the application of the present warranty shall not result in any enrichment for the customer.
5. For the above-mentioned warranty to apply, the customer must promptly notify Somac, in writing or by e-mail at service@groupesomac.com, of any anomaly or irregularity that could indicate a possible manufacturing or installation defect. This notification must be accompanied by supporting photos and proof of purchase. Any delay in notifying Somac may void the warranty or reduce its scope. The customer will be solely liable, regardless of the circumstances, for any aggravation of the damage resulting from failure to notify Somac of any concern in a timely manner. Even if the customer has dealt with an authorized Somac agent, the customer must report any anomaly or irregularity directly to Somac in order to assert a warranty against Somac.
6. In the event that Somac is unable to respond to service calls due to adverse weather conditions or other circumstances beyond its control, Somac cannot be held liable for any damage resulting from delays in providing the required service. Similarly, scheduled dates for the delivery of products or the provision of services are approximate. Somac cannot be held responsible for any damage resulting from delays.
7. Notwithstanding the foregoing, Somac expressly excludes, fully and completely, from any warranty to which it is otherwise bound, including any applicable legal warranty, the following, so that Somac incurs no liability with respect to the following situations:
a) Damage caused by fire, vandalism, chemicals, smoke, air pollution and natural disasters is not covered by the warranty. Natural disasters include, but are not limited to, lightning strikes, floods, rising water, earthquakes, tornadoes, hurricanes or exceptional weather conditions such as deep frosts, extreme rainfall or high winds. To avoid the risk of fire, the product must not be used to protect flammable materials from the elements or to carry out activities involving the use of flammable materials;
b) Damage caused by improper use or maintenance of the product is not covered by the warranty. This includes, but is not limited to, damage resulting from excessive snow or ice load, prolonged exposure to sunlight, improper storage or improper installation of the structure by an unauthorized third party;
c) Damage caused by defects in other materials or equipment supplied and installed by the customer is not covered by the warranty;
d) Damage resulting from the installation or modification of the product by the customer or an unauthorized agent who has not complied with Somac’s installation plans is not covered by the warranty. This exclusion of warranty takes effect as soon as the customer intervenes directly or through an unauthorized agent in any work related to the product sold, and covers all such work, as well as any damage resulting from such work. Any modification or direct intervention by the customer or their agents on the product sold by Somac may void all legal and contractual warranties;
e) Normal wear and tear and the normal behaviour of materials and structure, such as discolouration, are not covered by the warranty;
f) Perforations of materials caused by sharp or pointed objects or other careless actions by the customer are not covered by the warranty;
g) Damage caused by animals and pests, including but not limited to rats, mice, squirrels, raccoons, birds, worms and ants, is not covered by the warranty;
h) Damage caused to other goods or property not expressly covered by the warranty is not covered by the warranty;
i) Labour costs incurred in honouring the warranty, as well as transportation costs, are not covered by the warranty
8. If any provision of this policy is held to be invalid or unenforceable, the remaining provisions shall continue to apply and remain enforceable. 9. In the event of a dispute arising out of or in connection with the present policy, the parties expressly and irrevocably submit to the exclusive jurisdiction of the courts of the judicial district of Montréal with respect to any dispute and/or litigation relating to the present policy, its interpretation or its execution.