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 to
remediate moisture. The Owner, within this 14 day period, or after, shall have the discretion to provide any
temporary repairs needed, and that such temporary repairs have been approved by the Manufacturer. 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 (when practical) 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) are promptly and reasonably made by the Manufacturer, or an authorized
contractor of 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 approval 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 repair(s)
are necessary to avoid substantial damage to the building or its contents, or if the Manufacturer advises the Owner in
writing of its inability, for reasons beyond its control, to inspect and repair the roofing system as necessary within fourteen
(14) days of written notification from the Owner, then the Owner has the discretion to make such temporary repair(s)
as in the opinion of the Owner are essential and necessary, and such temporary repair has been approved by the
Manufacturer 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 Owner may have, make permanent repair(s) of any
leak(s) and recover all reasonable costs and expenses of such repair(s) from the Manufacturer, as long as these
permanent repairs have been approved by 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 in excess of 72 MPH, (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;
