10 YEAR COMMERCIAL WARRANTYMATERIALS AND WORKMANSHIP
.TERMS, CONDITIONS & LIMITATIONS
1. This warranty shall not become effective nor will the Company have any obligation under this warranty until all bills for materials and services related to this installation are paid in full.
2. This warranty shall become null and void if the following work is performed without the prior written approval of the Company: (a) any alterations or repairs to the roof, except emergency leak repairs made in a manner compatible with the System (written notice of the emergency repair must be provided to the Company within 10 days); (b) subsequent work at or through the System; or (c) changes in building usage resulting in damage to the System.
3. Throughout the term of this warranty, the Company or its representative shall be given free access to the roof of the commercial building described herein during regular business hours.
4. IF AFTER INSPECTION BY THE COMPANY, LEAKS IN THE SYSTEM WHICH CAUSE WATER INFILTRATION INTO THE BUILDING ARE FOUND TO BE THE RESULT OF DEFECTS IN THE DESIGN OR MANUFACTURE OF THE SYSTEM, OR DEFECTIVE WORKMANSHIP IN THE APPLICATION OF THE SYSTEM, THE COMPANY WILL, VIA SUCH METHODS AS IT DETERMINES FIT, EFFECT THE REPAIR OF SUCH LEAKS AT ITS EXPENSE. HOWEVER, IN NO EVENT SHALL THE COMPANY’S OBLIGATION OVER THE LIFETIME OF THE WARRANTY EXCEED THE RETAIL PRICE OF THE ROOFING SYSTEM USED IN THE ORIGINAL INSTALLATION ON THE ROOF.
5. Owner shall provide immediate notification by telephone to Hongyuan upon the discovery of any leak in the roof and written confirmation of such leak within 15 days thereafter. Failure to comply with this notice requirement shall constitute a material breach of the warranty.
6. In the event repairs are required which are not covered by this warranty, the Company will advise Owner of such repairs to be made at Owner’s expense. If the required repairs are promptly made by Owner, this warranty shall remain in effect for the unexpired portion of its original term. If owner does not make required repairs promptly (within 30 days), this warranty shall automatically terminate without further notice by the Company.
7. THIS WARRANTY SHALL NOT BE APPLICABLE TO NOR SHALL THE COMPANY BE RESPONSIBLE FOR LEAKS OR DAMAGE CAUSED IN WHOLE OR IN PART BY: ACTS OF GOD, INCLUDING BUT NOT LIMITED TO, LIGHTNING, HURRICANES, GALES, TORNADOES, OR EARTHQUAKES; VANDALISM, CIVIL DISOBEDIENCE OR ACTS OF WAR; SETTLING, WARPING,MOVEMENT, DEFECTIVE CONDITION, CORROSION, OR OTHER FAILURE OF THE STRUCTURE OR SUBSTRATE TO WHICH THE SYSTEM IS ATTACHED; ANY CHEMICAL CONTAMINANTS POTENTIALLY INJURIOUS TO THE SYSTEM THAT HAVE NOT BEEN SPECIFICALLY APPROVED BY THE COMPANY VIA THE WARRANTY REQUEST FORM; FAILURE BY OWNER OR ANY LESSEE TO USE REASONABLE CARE IN MAINTAINING THE SYSTEM; TRAFFIC OR STORAGE OF MATERIALS ON THE ROOF; INFILTRATION OR CONDENSATION OF MOISTURE IN, THROUGH, AROUND, OR ABOVE THE WALLS OF THE BUILDING; ACTS OF NEGLIGENCE OR MISUSEBY OWNER OR ANY OTHER PARTY; DEFECTIVE INSTALLATION OR FAILURE OF ANY MATERIAL OR COMPONENT NOT FURNISHED BY THE COMPANY; DESIGN CHARACTERISTICS OF THE ROOF, INCLUDING THE INABILITY OF THE ROOF TO WITHSTAND LOADS IMPOSED ON THE ROOF FROM ANY SOURCE; AND DISTORTION, EXPANSION OR CONTRACTION OF ANY WORK OR FLASHING OTHER THAN THAT INCLUDED AS PART OF THE ROOF SYSTEM.
8. TERM OF WARRANTY. This warranty is valid for 10 years from the date of installation completion as indicated here on.
9. This warranty is not assignable; it applies only to the original building owner named below.
10. IT IS UNDERSTOOD AND AGREED THAT THE REMEDY SET FORTH HEREIN IS OWNERS’ SOLE AND EXCLUSIVE REMEDY SO THAT THE COMPANY’S REPAIR OF LEAKS CONSTITUTES FULFILLMENT OF ALL ITS OBLIGATIONS. IN NO EVENT SHALL THE COMPANY BE LIABLE (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGE TO UNDERLYING COMPONENTS, DAMAGE TO THE BUILDING OR ITS CONTENTS, LOST PROFITS
OR OTHER ECONOMIC LOSSES.
THIS WARRANTY IS EXPRESSLY IN LIEU OF ANY OTHER GUARANTEES OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR