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Terms, Conditions and Limitations
<br />1. The SOPREMA® roofing materials covered by this warranty (this "Warranty") are the roofing and flashing materials specifically identified by number or other description
<br />on the face of this Warranty (referred to as the "roofing").
<br />2. The authorized contractor who installed the roofing is not an agent of SOPREMA. Any future work impacting the roofing must be performed by a contractor selected and
<br />hired by Owner and authorized by SOPREMA. Contact SOPREMA if you would like to receive a list of authorized contractors in your area.
<br />3. The design and installation of the roof assembly must be in accordance with applicable instructions, details, specifications, approvals, codes, laws, and regulations. All
<br />services by SOPREMA related to design, construction, review of project documents or conditions and site visits are limited in scope and do not expand the provisions of
<br />this Warranty. These services were not offered, and should not be considered, as a substitute for fulltime quality assurance, project management or professional design
<br />services.
<br />4. Owner is responsible for ensuring that the roofing is maintained in accordance with SOPREMA's Care and Maintenance Guide (see Form 901) and for promptly notifying
<br />SOPREMA of any change in occupancy, usage or any other condition adversely affecting the roofing.
<br />5. During the entire term of the Warranty, upon request, SOPREMA and anyone it hires shall have full and free rooftop access. Access shall be provided during regular
<br />business hours, and, if requested in advance, any other times.
<br />6. This Warranty covers SOPREMA roofing products included in a properly designed and installed roof assembly that develops a roofing leak due to workmanship or a
<br />product manufacturing defect. The Warranty will provide Owner with a remedy when Owner follows the Warranty Claim Procedure (see Form 900) and the claim is
<br />validated by SOPREMA.
<br />7. The Warranty also covers roofing leaks caused by wind with a speed less than 74 m.p.h. The wind speed warranty excludes damage where the cause includes any of
<br />the following: (a) primary or secondary structural components, (b) wood nailers or blocking and edge system components, (c) deck and deck fastening; (d) walls, doors,
<br />windows, openings and other building envelope components; (e) substrates that are deteriorated, rusted, rotted, deformed, weakened, crushed, compressed, or otherwise
<br />failed; (f) rooftop structures and/or equipment connected to, or supported by, the roofing or waterproofing system; (g) windborne debris; or (h) neglect or physical abuse.
<br />8. Following are some examples of conditions and types of damage not covered by this Warranty:
<br />a. The effects of lightning, fire, flood, acid rain, thermal shock, explosion, hail, seismic event, hurricane, tornado, or microburst.
<br />b. Improper use, order, sequencing, storage or handling of materials or systems.
<br />C. The lack of positive slope or inadequate drainage, unless water is retained, by design, for no longer than 48 hours after the end of a precipitation event.
<br />d. Inaccessible leaks concealed below rooftop equipment, overburden, and all other products applied to the roofing or flashing materials.
<br />e. Failure to apply the roofing to a suitable substrate, or subsequent substrate failure.
<br />f. Failure of roofing substrates or attachments.
<br />g. A deficient pre-existing condition or any sources of water entry other than the roofing.
<br />h. Building or substrate settlement, deflection, movement, vibration, or displacement.
<br />i. The accumulation of moisture from condensation in or below the roofing.
<br />j. Exposure to extreme temperatures or humidity, for example, from equipment, exhaust, steam, hot water, freezers, or cold storage.
<br />k. Plants, animals, insects, or other living organisms.
<br />I. Incompatible materials or substances.
<br />m. Deliberate or negligent acts such as excessive traffic, rooftop storage, vandalism, misuse, or abuse.
<br />n. Falling, flying, dropped, discharged or blown materials, objects or debris.
<br />o. Change in building occupancy or rooftop usage.
<br />p. Unauthorized or improper repairs or modifications.
<br />9. This Warranty becomes a binding contract once it has been signed by both parties and all fees and expenses associated with the roofing project have been paid in full.
<br />10. Temporary, emergency repairs to stop a leak may be made at Owner expense and will not void this Warranty, however it is Owner's responsibility to pay the cost of
<br />removing any excessive repairs. Promptly after making emergency repairs, Owner is responsible for following the Warranty Claim Procedure (see Form 900).
<br />11. SOPREMA's failure to exercise or enforce any of its rights under this Warranty is not a waiver and does not preclude SOPREMA from exercising the same or any other
<br />right in the future. Owner's failure to comply with any of the provisions of this Warranty applicable to it relieves SOPREMA of its obligations under this Warranty.
<br />12. This Warranty is governed by and shall be construed and enforced in accordance with the internal laws of Ohio, without giving effect to any choice of law rules that may
<br />require the application of the laws of another jurisdiction. Any lawsuit by Owner that is related to the roofing or this Warranty, including the alleged breach of this Warranty,
<br />must be filed in either the Medina County, Ohio Court of Common Pleas or the U.S. District Court for the Northern District of Ohio. Owner irrevocably consents to the
<br />jurisdiction and venue of these courts.
<br />13. In order for Owner to bring a lawsuit against SOPREMA, Owner must, as a condition precedent thereto, (a) have complied with all of the terms and conditions of this
<br />Warranty applicable to it, and (b) the lawsuit must be commenced within one (1) year after the cause of action accrues. Time is of the essence. The failure to satisfy
<br />either of these conditions precedent shall result in Owner's claims being forever barred.
<br />14. The terms of this Warranty are severable so that any illegal, invalid or unenforceable provision, if feasible, shall be modified so that it becomes legal, valid and enforceable,
<br />or if not so feasible, stricken, in either case without affecting the validity or enforceability of the remaining provisions.
<br />15. This Warranty document (and the documents referred to herein) sets forth the entire agreement between SOPREMA and Owner with respect to the roofing. SOPREMA
<br />disclaims, and Owner waives, any affirmation of fact or promise not expressly stated in this Warranty that may have been made by SOPREMA or any of its employees,
<br />agents, representatives, or distributors.
<br />16. The damages excluded by the terms of this Warranty include, but are not limited to, loss or reduction of profits, interruption of business, injury to or illness or death of
<br />people, animals or other living organisms, damage or loss caused by or attributable to indoor air quality (including, but not limited to, the presence or growth of mold,
<br />mildew or other similar substance in, on or about the roof assembly), or damage to or destruction of property, including the building or any of its contents, even if SOPREMA
<br />has been advised of the possibility, or even the likelihood, of any of these types of damages.
<br />17. This Warranty may be transferred to a subsequent building owner upon compliance with the following requirements: (a) a transfer request is made in writing to SOPREMA's
<br />Warranty Department, (b) at the time the request is made, SOPREMA is paid its then current transfer fee, and (c) you complete any repairs to the roof assembly or other
<br />building components that SOPREMA believes are necessary to preserve the watertight integrity of the roofing for the remaining term of this Warranty .
<br />For Questions Contact: SOPREMA, Inc.
<br />Warranty Department
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<br />201 Quadral Drive
<br />E_ P, C i
<br />Wadsworth, OH 44281-9571
<br />Phone: (330)334-0066
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<br />www.soprema.us
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