1. Owner shall provide the Manufacturer with written notice within thirty (30) days of the discovery of any leak(s) in
the roof system.
2. The Manufacturer shall within fourteen (14) calendar days, commencing with receipt of written notice from the Owner,
inspect the roofing system in the presence of the Owner’s representative (when practical) and if the cause(s) of the leak(s) is
found the responsibility of the Manufacturer under this warranty, promptly make or cause to be made, the repair(s) or
replacements(s) necessary to return the roofing system to the condition which is watertight and remediate moisture. All repair
expenses incurred in connection herewith will be the responsibility of and borne by the Manufacturer.
3. If upon joint inspection by the Manufacturer and the Owner’s representative of the roofing system as provided in
Paragraph 2, the cause(s) of any leak(s) is found not the responsibility of the Manufacturer under this warranty, the
Manufacturer will immediately advise the Owner of the type and extent of repair(s) required to be made at the Owner's expense
and if such repair(s) be promptly and reasonably made by the Manufacturer, this warranty will remain in effect for the unexpired
portion of the warranty period; otherwise, this warranty will become null and void with respect to the area(s) or item(s) affected.
4. In the event the Manufacturer and Owner disagree as to the cause(s) and responsibility of the leak(s), then the Owner,
without prejudice to any other remedy Owner may have, may make repair(s) of any leak(s) in accordance with Manufacturer
recommendations if timely made available. Such action by the Owner shall not constitute a violation of this warranty. The
Owner reserves the right to pursue reimbursement from the Manufacturer for all cost(s) and expense(s) of such repair(s),
subject to the Manufacturer's responsibility under this warranty. If it is determined that the Manufacturer has no responsibility
for the leak(s) under this warranty, the Owner will reimburse the Manufacturer for direct expenses encountered for trips
requested by the Owner after the initial inspection.
5. In the event an emergency condition arises where, in the reasonable opinion of the Owner immediate reasonable
repair(s) are necessary to avoid substantial damage to the building or its contents and the Manufacturer advises the Owner in
writing of its inability, for reasons beyond its control, to inspect and repair the roof system as necessary within fourteen (14)
days of written notification from the Owner, then the Owner may make such temporary repair(s) as in the opinion of the
Owner are essential and necessary and such action by the Owner shall not constitute a violation of this warranty. In
these circumstances, the Manufacturer shall reimburse the Owner for all reasonable costs and expenses of such temporary
repair(s) subject to the Manufacturer's responsibility under this warranty.
6. In the event the Manufacturer fails to respond to written notification of known or suspected leak(s) as provided
in Paragraph 2, the Owner may, after fourteen (14) days following receipt by the Manufacturer of an additional written
notice and without prejudice to any other remedy he may have, make permanent repair(s) of any leak(s) and recover all
reasonable costs and expenses of such repair(s) from the Manufacturer. The Manufacturer will, upon demand by the
Owner, promptly reimburse the Owner these reasonable repair costs and expenses. Such action by the Owner shall in no
way negate the responsibilities of the Manufacturer under this warranty for the unexpired portion of the warranty period.
7. Except as provided in Paragraphs 4, 5 & 6, any alterations of the roofing system after completion and acceptance
including the placement of fixtures, utilities and equipment on or through the roof or additions thereto, will render this warranty
null and void with respect to the area(s) or item(s) affected unless prior written authorization of such alterations of the roof
system or additions thereto is given by the Manufacturer. Such authorization will not be unreasonably withheld.
8. This warranty shall not be applicable to the extent the roofing system sustains damage(s) by any of the following:
(a) Acts of God and natural disasters, including but not limited to lightning, hurricanes, tornadoes, and earthquakes,
winds of (3 second) peak gust speeds of 72 MPH or higher (determined by the nearest US Weather Station
measured at 10 meters above ground or at the given address if reliable pinpoint wind data is available for the
address), hail with a diameter greater than two inches;
(b) Acts of negligence (whether of omission or commission), fire, accidents, or misuse, including but not limited to
vandalism, civil disobedience, or acts of war, provided same are not caused by the Manufacturer and/or the
Contractor.
(c) Failure by the Owner to use reasonable care in maintaining the roof and appurtenances, provided same caused the
leak(s) or item(s) affected; or,
(d) For built-up and modified bitumen roofs: A roof design or specification authorized by the Owner with less than
1/8" per foot slope for drainage.
(e) Building design issues that affect the performance of the Total Roofing System.
9. When the roof system has been damaged by any of the foregoing causes, repair(s) shall be at the Owner's
expense and such repair(s) shall be made as provided in Paragraph 3; otherwise, this warranty will become null and void
with respect to the area(s) or item(s) affected.
