Contractor warrants to the Owner that it applied the roofing materials to the above-described roof in accordance with (a) the written specifications of the Roofing Materials Manufacturer and (b) good roofing industry practices, in effect on the date application commenced. Subject to the following terms, conditions, and limitations, Contractor will, during the term of this Warranty, at its expense, repair or cause to be repaired leaks in the said roof which are the result of defects in Contractor’s workmanship. If found to be a non-warranty issue a $375.00 fee per visit shall be levied on the owner, with additional cost of repairs if completed by the contractor. Upon expiration of the term of this Warranty, without notice from the Owner of some defect, the Contractor shall have no further obligation to make repairs at the Contractor’s expense under any provision of this Warranty and Owner shall not make any further demand or claim against Contractor concerning Contractor’s workmanship, or the roofing materials installed, provided that Contractor promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty which are called to Contractor’s attention in the manner set forth below during the term of this Warranty by Owner.
Terms, Conditions, and Limitations
This warranty does not cover any leaks in the roof caused by: the acts or omissions of other trades or contractors; lightning, winds of peak gust speeds of 55 m.p.h. or higher measured at 10 meters above ground, hail storm, flood, earthquake or other unusual phenomenon of the elements; structural settlement; failure, movement, cracking or excess deflection of the roof deck; defects or failure of materials used as a roof substrate over which the roof the system is applied; faulty condition of parapet walls, copings, chimneys, skylights, vents, supports, or other parts of the building; vapor condensation beneath the roof; penetrations for pitch boxes; erosion, cracking, and porosity of mortar and brick; dry rot; stoppage of roof drains and gutters; penetration of the roof from beneath by rising fasteners of any type; inadequate drainage, slope or other conditions beyond the control of Contractor which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system. If the roof fails to maintain a water-tight condition because of damage by reason of any of the foregoing, this warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Rooftop Restoration Inc. at the expense of the Owner. Any and all interior damages shall be referred by the owner to the property Insurance provider.
Notification by Owner
During the term of this warranty, if the roof leaks, the Owner must immediately notify the Contractor by telephone of such leaks, and promptly confirm such telephone notice by written notice to the Contractor.
Events Which May Void Warranty
This warranty shall become null and void:
- Unless the Contractor receives notice from the Owner during the term of this Warranty in accordance with the paragraph above of any leaks and is provided an opportunity to inspect, and if required by the terms of this warranty to repair the roof;
- If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, railings, platforms, or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Contractor in writing and giving Contractor the opportunity to make the necessary roofing application recommendations with respect thereto, which recommendations are complied with. Contractor shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof;
- If any area of the roof is used as a promenade, walkway, or work area or is sprayed or flooded, unless such use was originally specified with a defined area, and the specification is noted below.
This warranty shall accrue only to the benefit of the original owner named above. It is not transferable to any other person, except with the prior written consent of the Contractor.
No Other Warranties. NO OTHER EXPRESS WARRANTY IS GIVEN BY THE CONTRACTOR TO THE OWNER. THE REPAIR OF THE SUBJECT ROOF IS THE EXCLUSIVE REMEDY. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. ALL IMPLIED WARRANTIES, AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED. This warranty is separate and apart from any warranty that may be issued to the Owner by the Roofing Materials Manufacturer. THE CONTRACTOR EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO THE OWNER IN CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY.
Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL CONTRACTOR BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO OR LOSS OF USE OF THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
Payment to Contractor
This warranty shall not be or become effective unless and until the Contractor has been paid in full for said roof in accordance with the agreement pursuant to which said roof was applied.