HomeMy WebLinkAbout323 W DRAKE RD - SPECIAL INSPECTIONS - 7/19/2021~GEN FLEX
ROOF SYSTEM
LIMITED WARRANTY
Warranty No: 700406032
Project No: 3963834
Start Date: 05/24/2021
Building Identification: Metro Suites
Building Address: 323 West ai'ake Road, Fort Collins, CO 80526
Building Owner: Metro Suites Condominium Association
Roofing Contracto r: Water shed Roofing & Restoration, 40012722
Metro Suites
GenFlex -TPO -20 Year -55 mph, Cut & Puncture Square Footage: 7,700
For the warranty period indicated above, Firestone Building Products Company, LLC d/b/a/ GenFlex Roofin g Systems ("GenFlex") warrant s to the Building Owner
("Owner") named above that GenFlex will, subject to the Terms, Conditions and Limitations set forth below , provide labor an d material to repair an y l eak In the
GenF/ex Roo fing System ("System") caused by deterioration In the GenF/ex brand material due to normal weathering or any manufacturing or workmanship defect in
the System within the scope of t his warranty du·lng the ~eriod sp ecified above.
TERMS, CONDITIONS AND LIMITATIONS
Products Covered. The System shall m ean only the GenFlex brand roofing membranes, GenFlex b rand roofing Insulations, GenFlex brand roofing metal, and ot her
GenFlex brand roofi ng accessories w hen installed In accordance with Ge nFl ex technical specifications by a GenFlex-licensed a pplicator. Any materi als not
manufactured or supplied by GenFlex are not cover ed under thi s warranty.
Notice. In the event any leak should occur in the System, the Ow ner must give notice in writ ing or by t e lephone to Gen Flex wit h in thirty (30) days of any occurrence
of a leak . By so notifying Gen Flex, t he Owner authorizes GenFlex or Its designee to inv estigate the cause of the leak at its option.
Investigation. Should the Investigati on reveal that the leak is excluded under the Terms, Cond itions and Limitations, t he Owner sha ll be responsible for payment of
the investigation co sts. Failure by Owner to pay for th ese costs sh all render this Limited Warranty n ull and void. The Owner is responsible for completing repairs not
covered by the Limited Warranty to be made at the Owne·'s expense that will permit thi s Limited Warranty t o remain in effect for the un -expired portion of Its term.
Failure by the Owner to properl y make these repairs in a reasonable manner using a Gen Flex-licensed applicator and within 60 days shall render this Lim ited
Warranty null and void.
No D ollar Limit (NDL). If upon Investigati on, GenF/ex determines that the leak is not excluded under the Terms, Conditions and Limitations set forth in this Limited
Warranty, the Owner's sole and excl usive remedy and GenFlex's total liabi lity shall be limited to the re pair of the leak. There Is no dollar limit placed on war ranted
lea k r epairs t o the extent such repairs are covered by this Limit ed Warranty.
Exclusion s. GenFlex shall have n o obligation under t his Lim ited War ra nty, or any other lia bility, now or i n the future if a claim or damage is caused by:
Hail
Wi nds of peak gust speed at or in excess of 55 mph calculated at ten( 10) m eters above ground using available meteor o logical dat a: (All associated building
components, Including but not limited to t he deck substrate, Joi sts, columns and foundation, must also meet wind speed design requirements);
Roof traffic or storage of materials o r equipment on the roof not specifically accepted in writing by Gen Flex.
Damage to the roof Incurred during breach, rupture or failure of any building envel ope component du ring a flood or wind e vent not covered under wa rranty; or,
Fai lure t o g ive proper not ice as set forth i n paragraph above. ·
Transfer. This Limited Warranty shall be transferable and assignable subject to Owner's payment of the current t ransfer fee set by Gen Flex.
Aiteratlon. Owner shall obtain Gen Flex's written approval before making any a lterations t o the roof system or Inst alling any structures, fixt ures, o r utilities o n or
through the roof. This Incl udes modification of the GenF/ex roof system to serve as a support platform for Photovoltaic (PV) Arrays (a ka -Solar Panels), Garden Roo fs,
Decks, Patios, and areas i nten ded for public access. Roof modification approval typica ll y requires owner sponsored enhancement of the roof system to meet addit io nal
performance requirements t o ensure service life following the proposed modification. Gen Flex is the so le Judge o f whether or not enhancements to t he roof system
are required. Failure to obtain GenFlex approval f~r a roof modification will result in Invalidation of this wa rr anty.
Cut & Puncture. As a special term of this warranty, GenFlex will repa'r any leaks caused by unintent ional and occasional damage t o the me mbrane as a r esult of
normal r ooftop inspection, maint enance o r service.
GENFLEX ROOFING SYSTEM S
By: Michael Huber
Authorized
Signature:
Title: Di rector of Warranty Services
THIS WARRANTY INSTRUMENT CONSISTS OF MULTIPLE PAGES, ALL OF WHICH ARE PART OF THIS DOCUMENT.
ADDITIONAL REQUIREMENTS ARE DEFINED ON SUBSEQUENT PAGES.
Page 3 of 3
2003.001.2015
GENERAL TERMS, CONDITIONS AND LIMITATIONS
Warranty No: 700406032
Project No: 396 3834
Sta rt Date : 05/24/2021
Building Identification : Metro Suites
Building Address: 323 W est Drake Road, Fort Collins, CO 80S26
Building Owne r : Metro Suites Condominium Association
Roofing Co ntra ctor: W a tershed Roofing & Resto ration, 400127 22
~GEN FLEX
Subject to the t erms, conditions, and limitations set fo rth herein, Firestone Building Products, LLC d/b/a/ GenFlex Roofing Systems ("GenFlex"), an Indiana limited
liabilit y company, provides the Building Owner ("Owner") named above with this Limited Warranty for the GenFlex provided System(s) or Material(s) as listed in the
subsequent pages of this document. This Warranty consists of multi ple pages, all of which comprise the express terms and conditions of the warranty herein.
Additional requirements, terms, conditions, exceptions, a1d limitations are defined In subsequent pages. In t he event that any inconsistencies ex ist between the
Gener al Terms, Conditions and Limitations listed below and the Terms, Conditions and Limitation s in subsequent pages, the subsequent pages will prevail.
GENERAL TERMS, CONDITIONS AND LIMITATIONS
Pa yment Require d . GenFlex shall have no obligation under this Ll m,ted Warranty unless and until GenFlex and the licensed applicator have been paid In full for all
materials, supplies, services, approved written change orders, warrant y costs a nd other costs which are Incl uded In, or Incidental to, the Syst em or Materials. In the
event that repairs not covered by this Limited Warranty are necessary in the future, Gen Flex reserves t he right to suspend this Limited Warranty unti l such repairs
have been completed and the licensed applicator and/or GenFlex has been paid in full for such repairs.
Exclus ions. GenFlex shall have no obl igation under this Limited Warranty, or any other liability, now or in the future if a claim or damage is caused by:
Natural forces, disasters, or acts of God Including, but not limited to, fires, hurricanes, t ornadoes, wi nd-blown debris, lightning, earthquakes,volcanic activity, atomic
radiation, insect s or ani mals; Act(s), conductor omlssion(s) by any person, or act(s) of war, terrorism or vandalism, which damage the System or Material or which
Impair the System or Material's ability to perform properly; Failure by the Owner to use reasonable care In maintaining the System or Material , said maintenance to
include, but not be limited to, those items listed In the current version of the GenFlex Owner's Manual available at http://genfl ex.com; Deterioration, defects or failu re
of building components, including, but not lim ited to, the substrates, structural element s, walls, mortar, HVAC unit s, skylights, foundation settlement, etc.;
Construction gene rated moisture, condensation or infiltration of moisture in, from, through, or around the walls, copings, rooftop hardware or equipment, skylights,
building structure or underlying or surrounding materials; Acid, oil, harmful chemicals, or the reaction between them; Alterations or repairs to the System or Materials
that are not completed in accordance with GenFlex's published speclflcations,not completed by a GenFlex licensed applicator, and/or completed without p roper notice
to GenFlex; The design of the system: Gen Flex does not undertake any analysis of the architecture or engineering required to evaluate what type of System,
Insta llation or Material is appropriate for a building and makes no warranty express or Implied as to the suitability of its Products for any particular str ucture; such a
determination is the responsibility of the architect , engineer or design professional; Improper selection of materials for the assembly or the fai lure to accurately
calculat e wind uplift and/or applicable design loads; Deter oration to metal mater ials and accessories caused by marine salt water, atmosphere, o r by regular spray of
either salt or fresh water; Fa ilure of any non-Gen Flex brand materials used In the Gen Flex System or Installation not specifically accepted In writing by Gen Flex to be
included In coverage; Change in building use or purpose; Failure by the GenFlex licensed applicator or any additional contractor or subcontractor to follow GenFlex's
recommended installation instr uctions or approved specifications or drawings for the layout, design, and Installation of t he System or Materia ls. It shall be the
Gen Fl ex licensed applicator's sole and exclusive responsibility to strictly follow Gen Flex's recommended installation instructions or approved specificat ions or drawi ngs
for the layout, design, and Installation of the System or Materials; or Fai l ure to correct all Installation deficiencies listed in any Gen Flex inspection report.
Overburden. Owner shall be responsible for the costs associated with the removal and replacement, as well as any damage caused by the removal and replacement,
of any overburden, superstrata or overlays, either permanent or temporary, which Include but are not l im ited to: structures or assemblies added after insta llation,
fixtures or utilities on or through the System or Material, support platforms or bases for Photovoltaic (PV) Arrays (aka -Solar Panels), Garden Roofs, Decks, Patios or
any other obstacles that impede access, clear observation, Investigation, and repair of the System or Mater ials, excluding ballast or pavers accept ed by GenFlex or
overburden specifically included in subsequent pages of th s Warranty.
Te rm. The term of this Limited Warranty shall be for the period set forth above and in subsequent pages of this document and shall not be extended under any
circumst ances without GenFlex approval.
Access. Du r ing the term of this Limited Wa rranty, GenFlex's designated representative or employees shall have free access to the Installat ion location for Inspection,
audit, o r repair purposes during regular business hours. I n the event that access Is limited due to security or other restrictions, Owner shall reimburse GenFlex for all
reasonable cost incurred during i nspection and/or repair of the System or Material that are due to delays associated with said restrict ions.
W a iver . GenFlex's failu re to enforce any of the t erms or conditions stated herein shall not be construed as a waiver of such provision or of any other terms and
conditions of th is Limited Warranty.
Disputes. Any dispute, controversy or claim between the Owner and GenFlex concern ing this Limited Warranty or r elating to any material supplied or specifically
required by GenFlex shall be settled by mediation. The Owner hereby releases GenFlex from all liability to Owner's Insurance carr ier or to anyone claimi ng under or
through Owner by reason of subrogat ion or otherwise. In the event that the Owner and Gen Flex do not resolve the dispute, controversy or claim In mediation, the
Owner and Gen Flex agree that neither party will commence or prosec ute any suit, proceeding, or claim other than In the courts of Hamilton County in the state of
Indiana or the United States District Court, Southern District of I ndiana, Indianapolis Division. Each party Irrevocably conse nts to the jurisdiction and venue o f the
above-Identified courts.
Govern ing Law. Th is Limited Warranty shall be governed by and construed in accordance with the laws of the State of Indiana without regard to its rules on conflict
of laws.
Severa bilit y. If any portion of this Limited Warranty is held by a court of competent jurisdiction to be in valid, void or unenforceable, t he remain ing provisions shall
nevertheless continue in full force.
GENFLEX DOES NOT WARRANT PRODUCTS INCORPORATED OR UTILIZED IN THIS I NSTALLATION THAT WERE NOT FURNISHED BY GENFLEX . GENFLEX
SPECIFICALLY DISCLAIMS LIABILITY UNDER ANY THEORY OF LAW ARISING OUT OF THE INSTALLATION OF, PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR
CAUSED BY, PRODUCTS NOT FURNISHED BY GE NFLEX. THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPO SE, AND GENFLEX HEREBY DISCLAIMS ALL SUCH WARRANTIES. THIS LIMITED WARRANTY SHALL BE THE OWNER'S SOLE
AND EXCLUSIVE REMEDY AGAINST GENFLEX, AN D GENFLEX SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR OTHER DAMAG ES
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO THE BUI LDING OR ITS CONTENTS, SUBSTRATES OR THE ROOF DECK. THIS LIMITED
WARRANTY CANNOT BE AMENDED, ALTERED OR MODIFIED IN ANY WAY EXCEPT I N WRITING SIGNED BY AN AUTHORIZED OFFICER OF GENFLEX. NO OTH ER
PERSON HAS ANY AUTHORITY TO BIND GENFLEX WITH ANY REPRESENTATION OR WARRANTY WHETHER ORAL OR WRITTEN .
THIS W ARRANTY INSTRUMENT CONSISTS OF MULTIPLE PAGES, AL L OF WHICH ARE PART OF THIS DOCUMENT.
ADDITIONAL REQUIREMENTS ARE DEFINED ON SUBSEQUENT PAGES.
2 00 4 th Avenue Sout h, Nash v ille, TN 372 01
1-8 00-443-4272
w ww.g e nflex.c o m
Page 2 of 3
200 1.0 01.20 1s