This page contains a Flash digital edition of a book.
WARRANTY PROVISIONS FOR MATERIAL AND WORKMANSHIP


Drexel Metals Inc., a Delaware corporation (hereinafter “Drexel”) and the Installation Contractor identified above hereby jointly and severally warrant to the Building Owner identified above (hereinafter “the Owner”) that, subject to each and every item, condition, limitation and allocation of warranty and responsibility stated herein, for a period of twenty (20) years commencing with the date of completion of installation of the roofing system identified above (hereinafter “roofing system”), should leaks develop in the roofing system due solely to defects in the material provided by Drexel, manufacturing defects, ordinary wear and tear by the elements or workmanship on the part of the Installation Contractor, then Drexel and the Installation Contractor shall be responsible for repairs necessary to return the roofing system to a water tight condition, within cost limitations stated within. Drexel’s and Installation Contractor’s total cumulative liability under this warranty is limited to: (FIRST) Drexel for the cost of replacement materials and (SECOND) Installation Contractor for the replacement labor. In no event shall the total cost of such repairs exceed the original payment of the installed roofing system. Repairs shall carry a warranty against leaks only for the then remaining balance of the original twenty (20) year Warranty period. This Warranty only covers those leaks that have been reported to Drexel in writing within thirty (30) days of discovery by the Owner.


Notwithstanding anything contained herein to the contrary, during the first two (2) years after completion of the roofing system on the building identified above, Drexel warrants only against water leaks caused by defects in the material provided by Drexel. The Installation Contractor shall be solely responsible for all costs and expenses for the repair and/or replacement of the roofing system arising as a result of defective workmanship or installation during the first two (2) years after completion of installation of the roofing system, extended by successive twenty-four (24) month periods from the date of any leaks reported or repaired within the relevant two (2) year period. For the remaining term of this Warranty, Drexel warrants to the Owner, should leaks develop in the Roofing System due solely to manufacturing defects, ordinary wear and tear by the elements or workmanship on the part of the Installation Contractor, then subject to each and every term, condition and limitation contained herein, shall be responsible for completing such repairs to the Roof System as necessary to return it to a watertight condition.


NEITHER DREXEL NOR THE INSTALLATION CONTRACTOR, MAKE ANY OTHER WARRANTY WHATEVER EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND WARRANTY OF FITNESS FOR ANY PARTICULAR PURPOSE. ALL WARRANTIES WHICH EXCEED, DIFFER FROM OR EXTEND BEYOND THOSE EXPRESSLY PROVIDED HEREIN ARE DISCLAIMED BY EACH AND ALL THE PARTIES HERETO AND ARE EXCLUDED FROM THIS 20-YEAR WEATHER TIGHT LIMITED WARRANTY. IN NO EVENT SHALL DREXEL OR THE INSTALLATION CONTRACTOR HAVE ANY LIABILITY FOR COMMERCIAL LOSS, CLAIMS FOR LABOR, CONSEQUENTIAL DAMAGES OR LOSS TO THE BUILDING, ITS CONTENTS OR ITS OCCUPANTS, OR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY TYPE, WHETHER THE OWNER’S CLAIM BE BASED IN CONTRACT, TORT WARRANTY, STRICT LIABILITY OR ON ANY OTHER THEORY OR CAUSE OF ACTION. ALL RIGHTS, OBLIGATIONS, REMEDIES AND LIABILITIES OF THE PARTIES HERETO RELATING TO OR ARISING FROM CLAIMS OF DEFECTIVE GOODS AND/OR WORKMANSHIP SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS OF THIS 20-YEAR WEATHER TIGHT LIMITED WARRANTY AND THOSE TERMS MAY NOT BE MODIFIED OR AMENDED ORALLY. IT IS EXPRESSLY AGREED THAT THE OWNER’S REMEDIES EXPRESSLY PROVIDED HEREIN ARE THE OWNER’S EXCLUSIVE REMEDIES.


EXCLUSIONS


This Limited Warranty shall apply only to roofing systems installed in areas of normal atmospheric exposure and specifically does not cover leaks caused in whole or in part by the following:


1. Marine (salt water) atmosphere or regular spray of either salt or fresh water. If an Aluminum roof system is installed, the Substrate Warranty guide lines and Maintenance Instructions must be followed as stated in the Non-Prorated 35-Year Paint and Aluminum Substrate Warranty to avoid exclusion.


2. Exposure to or fallout from corrosive chemicals, ash or fumes from any chemical plant, foundry, plating works, kiln, fertilizer manufacturing plant, paper manufacturing plant or the like. Any harmful or corrosive substance or any condensate contained within or generated or released from inside the building.


3. Vent pipe flashing manufactured from rubber based products. 4. Any condensation or corrosion which is or was caused at any time, in part or in whole, as a result of (a) the use of an inadequate vapor barrier (perm rating of 0.5 or less with sealed joints and perimeter) when the insulation is installed immediately beneath the roof panels and/or (b) inadequate ventilation of the attic space between a roof panel and insulation when the installation is installed directly on top of an existing roof.


5. Worker traffic on the roof, other than traffic during the course of installation. 6. Hail, fire, lightning, wind speeds in excess of XX mph per XX/ASCE 7-10, hurricane, tornado, earthquake or any other act of God. 7. Alterations such as, but not limited to, the placement of structures, fixtures or utilities upon or to the roof without prior written authorization from Drexel.


8. Repairs performed to the roof and/or materials furnished with regard to such repairs by an entity or entities other than Drexel or the Installation Contractor.


Page 2 of 4


Page 1  |  Page 2  |  Page 3  |  Page 4  |  Page 5  |  Page 6  |  Page 7  |  Page 8  |  Page 9  |  Page 10  |  Page 11  |  Page 12  |  Page 13  |  Page 14  |  Page 15  |  Page 16  |  Page 17  |  Page 18  |  Page 19  |  Page 20  |  Page 21  |  Page 22  |  Page 23  |  Page 24  |  Page 25  |  Page 26  |  Page 27  |  Page 28  |  Page 29  |  Page 30  |  Page 31  |  Page 32  |  Page 33  |  Page 34  |  Page 35  |  Page 36  |  Page 37  |  Page 38  |  Page 39  |  Page 40  |  Page 41  |  Page 42  |  Page 43  |  Page 44  |  Page 45  |  Page 46  |  Page 47  |  Page 48  |  Page 49  |  Page 50  |  Page 51  |  Page 52  |  Page 53  |  Page 54  |  Page 55  |  Page 56  |  Page 57  |  Page 58  |  Page 59  |  Page 60  |  Page 61  |  Page 62  |  Page 63  |  Page 64  |  Page 65  |  Page 66  |  Page 67  |  Page 68  |  Page 69  |  Page 70  |  Page 71  |  Page 72  |  Page 73  |  Page 74  |  Page 75  |  Page 76  |  Page 77  |  Page 78  |  Page 79  |  Page 80  |  Page 81  |  Page 82  |  Page 83  |  Page 84  |  Page 85  |  Page 86  |  Page 87  |  Page 88  |  Page 89  |  Page 90  |  Page 91  |  Page 92  |  Page 93  |  Page 94  |  Page 95  |  Page 96  |  Page 97  |  Page 98  |  Page 99  |  Page 100  |  Page 101  |  Page 102  |  Page 103  |  Page 104  |  Page 105  |  Page 106  |  Page 107  |  Page 108  |  Page 109  |  Page 110  |  Page 111  |  Page 112  |  Page 113  |  Page 114  |  Page 115  |  Page 116  |  Page 117  |  Page 118  |  Page 119  |  Page 120  |  Page 121  |  Page 122  |  Page 123  |  Page 124  |  Page 125  |  Page 126  |  Page 127  |  Page 128  |  Page 129  |  Page 130  |  Page 131  |  Page 132  |  Page 133  |  Page 134  |  Page 135  |  Page 136  |  Page 137  |  Page 138  |  Page 139  |  Page 140  |  Page 141  |  Page 142  |  Page 143  |  Page 144  |  Page 145  |  Page 146