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15
Year
Roofing
Warranty
Tri-State
Window & Door Factory warrants to the
owner of the home described above (Owner),
that subject to the terms, conditions, and
limitations stated herein, Tri-State will
repair leaks originating from the Elk Roofing
or Elk Roofing Accessories installed according
to our technical instructions by a Tri-State
Authorized Roofing Applicator for a period
of fifteen (15) years commencing with the
date of substantial completion of the installation
of the Roofing.
TERMS,
CONDITIONS, LIMITATIONS
1.
Owner shall notify Tri-State on the first
business day immediately following the discovery
of each leak in the Roofing System and confirm
in writing within one week.
2.
If on our inspection, Tri-State determines
that the leak is caused by a defect in Elk
Roofing Products or Accessory provided by
Elk to the roof for this home or from a
defect in the Tri-State Authorized Applicators
workmanship applied to that Elk Roofing,
except as provided in the following paragraph
three (3) Owner remedies and Tri-State liability
shall be limited to Tri-State repair of
the Roofing or Accessories. The roof will
be repaired by our own specifications and
Tri-State will not be responsible for any
damage that occurs if it is not repaired
properly.
3.
This warranty does not apply and may be
null and void if any of the following occur:
(a)
The Roofing Material or Accessories are
damaged by any natural disaster including,
but not limited to, earthquake, lightning,
hail, windstorm in excess of 110 mph, hurricane,
tornado, or;
(b)
The Roofing Material or Accessories are
damaged by any act of negligence, accident,
or misuse including, but not limited to,
vandalism, falling objects, civil disobedience,
or act of war, or;
(c)
A deficient pre-existing condition or equipment
is causing water entry, or;
(d)
There are any alterations or repairs made
on or through the completed roof, or objects
such as but not limited to fixtures, equipment,
or structures are placed on or attached
to the completed roof without first obtaining
written authorization from Tri-State, or;
(e)
A significant change in the use of the home
by the Owner or his lessee expected by Tri-State
to effect the Roofing Material as originally
installed, or;
(f)
Loss of integrity of the building envelope
and, or structure including, but not limited
to partial or complete loss of roof decking,
wall siding, windows, doors, or other envelope
components or from roof damage by wind blown
objects, or;
(g)
Should condensation accumulate in the roof
assembly due to incorrect design of the
home or due to reduction in the vapor barrier
effectiveness, or;
(h)
The Owner fails to comply with every term
and condition stated herein.
4.
During the period of this warranty, Tri-State,
its agents and employees, shall have free
access to the roof during regular business
hours.
5.
Tri-State shall have no obligation under
this warranty until all invoices for materials,
installation, and services have been paid
for in full.
6.
Tri-State failure at any time to enforce
any of the terms and conditions states herein
shall not be construed to be a waiver of
such provision.
7.
This warranty is given in lieu of all other
warranties, express or implied, including
any warranty of merchantability or fitness
for a particular purpose. The remedies stated
herein are exclusive remedies and Tri-State
shall not be responsible or liable for any
indirect consequential or incidental damages
including the presence of molds, fungi,
bacteria, spores, mycotoxins or the like
or further loss of any kind whatsoever,
including, but not limited to, damage to
the building on which the components of
the roof are situated, damage to the contents
thereof, or to any other property or persons.
8.
This warranty is extended solely and exclusively
to the original owner of the home at the
time the Roofing is installed. It does not
extend nor is it otherwise assignable or
transferable to any other party unless approved
in advance and in writing by Tri-State and
the costs to process the transfer and to
inspect and repair the roof, if necessary,
are paid for by the original owner.
NO
REPRESENTATIVE OF TRI-STATE HAS AUTHORITY
TO MAKE ANY REPESENTATIONS OR PROMISES EXCEPT
AS STATED HEREIN.
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