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HomeMy WebLinkAbout4543 Boardwalk Dr - Miscellaneous/Reroof - 08/19/20144161-13 0140,qlse g.g", ur XXI ENg V )a, UR0- 1.5-Year NDL No. Warranty ImASTO Warranty Roofing, Inc. 525 Morley Drive Saginaw, MI 48601 t I. TERMS and CONDITIONS Duro-Last, Inc., CDuro-Lasf grants this. No-DoUar Limit CVDI;� Warranty to the owner ("Owner") of a building containing a Duro-Last Roofing System ("Duro-Last System") *installed by an authorized dealer/contractor C'Contractor), subject to the conditions R and limitations contained here -in. Duro-Last's obligation during the Ist through the 15th year shall be to repair any leak in the Duro-Last System caused by any defect in a component of the Duro-Last System orb the workmanship of the Contractor, but only as the workmanship relates to the Mbig81 lation of the Duro-Last System itself and not as it relates to other work performed, if any. Daro-LasL's obligation includes, at Duro- the Duro-Last System, and also includes the famishing or cost of Last's discretion, either the repair or replacement of part or all of —XI labor to repair the Duro-Last System provided the following conditions are met: A. Duro-Last and Contractor have been paid in full for the Duro-Last System, its installation and any outstanding invoices issued by Duro-Lastthat arise after the installation; B. The Duro-Last System has been approved by Duro-Last following inspection by an authorized Duro-Last Quality Assurance Representative ("Duro-Last QA Tech Rep') and this No -Dollar Limit Warranty has been signed by a Duro-Last QA Tech Rep ..... . . . . . . or Quality Assurance Manager; C. The Owner has notified Duro-Last within 7 days of the discovery of any leak, failure, or other alleged Duro-Last System defect. Owner must notify Duro-Last by calling the Duro-Last Quality Assurance Department at 1-866-284-9424, by T e-mailing ws@duro-last.com, or by certified mail, return receipt requested; D.The Owner allows Duro-Last'QA Tech Rep(s), and/or Duro-Last Contractor(s) access to the roof including, if necessary, the removal and replacement by Owner at Owner's expense any and all obstructions, including but not limited to: rooftop gardens, earth, soil, pavers, decks, patio and walking surface materials, photovoltaic system, and other overburden; and E. Duro-Last authorizes the repair and, at Duro-Last's option, either Duro-Last's QA Tech Rep(s), or an authorized Contractor makes the repair. 11. LIMYLMONS and EXCLUSIONS A.This No -Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence. B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly aside from the.Duro-Last System, including but not limited to those defects that result in water penetrating into the building, including inadequate or insufficient drainage. C. Duro-Last is -not liable for. anyDuro-Last System defect or failure nor for subsequent damages arising from Acts of God or V., causes outside buip-Last's ccrntroj including, but not limited to: 1) Damageciiised by fire, lightning, hurricane, gale, hail, tomado, flood, earthquake, animals, insects; or rr , -f failure Teas rib ether on th 2) Damage caused by acbident,,�andalism, intentional act, negligence or ai e to me o ble care, whether e Owner - El't - part of the or another,o r 3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to, damage 1'... , I k caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or 4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings. D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Own Last membrane. R. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System. F. This No -Dollar Limit Warranty passes to future Owners of the building for the fall 15 years hereof. a G. This No -Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No -Dollar Limit WAfranty begins on the Effective Date. The Effective Date is determined by Duro-Last. Failure of the Owner or Contractor to sign this No -Dollar Limit Warranty does not alter the Effective Date. H. This No -Dollar Limit Warranty shall be govemed by the laws of the State of Michigan. Duro-Last and Owner hereby agree. that the Circuit Court for the County of Saginaw, State of Michigan, shall have the exclusive jurisdiction to determine any and all disputes, or claims relating to this No -Dollar Limit Warranty and do hereby submit themselves to the sole personal jurisdiction of that Court. 1. Duro-Last dries not waive any rights under this No -Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances. OVER: CONTINUED ON BACK n It: i A OS8 r4 ry�. 11 , ,i , r 9 l , �fw'uw,: 5,••s'a ;!; /it,J.).u!;a ,{y!. i : 1.. r r Ot t J'[j ', 111.1 r"L%�lilj�,r Ot�tlti 5 illrl'r , i11, IC� �} ji�l//hij i)ill\4 \�1+�/717ir1 „111T�{���i`q, 1�A19 P/ 411pC1 J�, i r`Y I L.µ,.., r. � f�� ,y- 4� i..• J� ;r .s `/�J, l � r r--".•'.•' t r' � , � ♦i�`��1 J ✓ �. Vl THIS NO -DOLLAR LDRT WARRANTY AND THE RESPONSIBILITIES AND REMEDIES STATED HFRFiN ARE EXPRESSLY AGREED TO BY OWNER AAA DURO-LAST AND CONSTITUTE THE SOLE WARRANTY AND REME -' t r, ! D)ES OF THE OWNER FOR ANY ALLEGED DEFECT OR FAII URE OF THE DURO-LAST SYSTEM, WHETHER MEMBRANE,ACCESSORIES, OR CONTRACTOR WORRMANSffiP. =RrY THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FORA PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED INFACT, LAW OR CUSTOM) THATEXTEND BEYOND THE EXPRESS TERMS STATED INTHIS NO -DOLLAR �`c11 I = WARRANTY. OWNER AND DURO-LAST TOGETHER JOINTLY DLSCLAri ANY OTHER OR FURTHER WARRANTIES EXCEPT THOSE INCLUDED IN THIS DOCUMENT. OWNER AND DIIRO-LAST BOTH ACKNOWLEDGE AND AGREE THAT DURING THE 1ST THROUGH LSTH YEARS OF a THIS NO -DOLLAR LIMIT WARRANTY, THIS NO -DOLLAR LIMIT WARRANTY COVERS CONSEQUENTIAL DAMAGES�gt;,%_ DERIVED FROM LEAKS CAUSED BY DEFECTS WARRANTED AGAINST ABOVE. '..cy The Contractor is not an agent of Duro-Last and does not have authority to bind Duro-Last. If any Contractor or independent sales represen- tativemade an y statements aboutDuro-Lest, its products, services, obligations, or wa¢anfies, those statements cannot be rtlied upon by Owner or any dther party and cannot be attributed to Duro-Last Furthermore, no person may change or modify any tams of conditions of this No- Dollar Limit Warranty, unless in writing and signed by the authorized representative of the Owner and by a Duro-Last: officer or by the .. -_,__ "•Sad Duro-Last Quality Assurance Manager. r..%'' -__-_- DURO-LAST, -INC. `i^i Ci r .,, CaivinlU[d_achlan Qti Assuran T hni I e resentatw Srrg atureof Duro-Last Tech Rep QA Mamger QA or = m / �/eyew f0dS'a90 Name of Building Signature of Owner g5il dt�am�r�a lk fir. Li r :<•-<{ _ Address of Building Owner (printed) a City, State &Zip of Building Signature of Contractor 4kCk�•��,: yy.�,•}+s - n%r)p a P_r'1`1 0o Building Designation Contractor (printed) ly— ='•'"' ' Effective Date Square Footage •� 3y8000 oRl'�&oRyo:isL>=. Serial No. Warranty No. vinz T .' i `J /e-i,[� r -� � s 1✓"h (' F 1 -c� ,r �T � ., s -o'— � � .ram ``Y`fyi�"' �l� � fiK4..�. :E`sv,. ° .v'�i''-1 �, V., l,. e�:�2 .x'k- :',. r/'/+�yra:♦`•:— r,r,•' I - �lJ�'�4��01.. \ �" ��-`�al•11 �Ci\ IJ,il hi L-��1. 1:1r-- `r tC'iJl��-r��lll lr� I AJ�f Yir 1Lllr' �Ilf`rlI11lJ ; r 1C1 Ill �rl rti � t' /i 1116 lil