Roofliner, Inc., warrants to the Building Owner (OWNER) of the above described
building, that; subject to the terms, conditions and limitations stated in this warranty, Roofliner will repair or replaces any leak in the Roofliner Roofing System installed by Roofliner’s Authorized Roofing Applicator for a period of twenty (20) years commencing with the date of Roofliner’s acceptance of the Roofliner Roofing System Installation. However, in no event shall Roofliner’s obligations extend beyond twenty (20) years subsequent to the date of substantial completion of the Roofliner Roofing System. See below for exact date of warranty expiration.
The Roofliner Roofing System is defined by the following materials: Coatings, SPF, Sealants, Additives, and any other Roofliner brand products used in this installation
TERMS, CONDITIONS, LIMITATIONS
1) Owner shall provide Roofliner with written notice within thirty (30) days of the discovery of any leak in the Roofliner Roofing System. Owner should send written notice of a leak to Roofliner’s Warranty Services Department at the address set forth at the bottom of this document. By so notifying the Roofliner the Owner authorizes Roofliner or its designee to investigate the cause of the leak. Should the investigation reveal the cause of the leak to be outside the scope of the Warranty, investigation and repair costs for this service shall be paid by the Owner.
2) If, upon inspection, Roofliner determines that the leak is caused by defect in Roofliner Roofing System’s materials or workmanship of Roofliner’s Authorized Roofing Applicator in installing same, Owners remedies and Roofliner’s liability shall be limited to Roofliner’s repair of the leak.
3) This warranty shall not be applicable if, upon Roofliner’s inspection Roofliner determines that any of the following occurred:
a) The Roofliner Roofing System is damaged by natural disasters including, but not limited to, lightning, fire, insect infestations, earthquake, tornado, hail hurricanes, and winds of peak gust speeds of 55 mph or higher measured at 10 meters above ground; or
b) The Roofliner Roofing System is damaged by any intentional or negligent acts, accidents, misuse, abuse, vandalism, civil disobedience, foreign objects or agents, including plant or animal life, or the like, or
c) Deterioration or failure of building components including, but not limited to, the Roofliner Roofing System substrate, improper priming, walls, flashings, mortar, HVAC units, non-Roofliner brand components, etc., occurs and causes a leak, or otherwise damages the Roofliner Roofing System; or
d) Acids, oils, harmful chemicals and the like coming contacts with the Roofliner Roofing System and cause a leak, or otherwise damage the Roofliner Roofing System; or
e) The Roofliner Roofing System is damaged by ponding water as defined in the National Roofing Contractors Association glossary.
4) This Warranty shall be null and void if an of the following shall occur:
a) If, after installation of Roofliner Roofing System, per Roofliner written specifications there are any alterations or repairs made on or through the roof or objects such as, but not limited to, structures, fixtures, or utilities are placed upon or attached to the roof without first obtaining written authorization from Roofliner; or
b) Failure by the Owner to use reasonable care in maintaining the roof, said maintenance to include, but no be limited to, those items listed on Roofliners Care & Maintenance information sheet which accompanies the Warranty
5) This warranty refers to Roofliner products only. Failures of, or caused by, the substrate for the Roofliner Roofing System, improper priming, flashings, and other components contained in a roofing system, not supplied by Roofliner, are not covered by this warranty.
6) Only Roofliner brand products are covered by this warranty. Roofliner specifically disclaims liability, under any theory of law, for damages sustained by or caused by non-Roofliner brand products.
7) During the term of this Warranty, Roofliner shall have free access ot the roof during regular business hours.
8) Roofliner shall have no obligation under this Warranty while any bills for installation, supplies, service, and warranty charges have not been paid in full to the Roofing Applicator, Roofliner, or material suppliers.
9) Roofliner’s failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision.
10) Roofliner shall not be responsible for the cleanliness or discoloration of the Roofliner Roofing System caused by environmental conditions including, but not limited to, dirt, pollutants, or biological agents.
11) This warranty is not assignable by operation of law or otherwise. Application may be made by a new building owner for a re-issue of the warranty during the original warranty period. Certain procedures, including an inspection of the Roofing System by a Roofliner representative, and fees will apply to any re-issue. Roofliner reserves the right, in its sole discretion, to refuse to re-issue this warranty.
ROOFLINER DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION, WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY, PRODUCTS NOT FURNISHED BY ROOFLINER.
THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE ROOFLINER ROOFING SYSTEM OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHERS EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF THE FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. ROOFLINER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW.