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Capstone® International Shingles Limited Warranty
Capstone™ 40 with Formula FLX International Limited Warranty

Effective: July 23, 2001

ELK CORPORATION OF AMERICA (“ELK”) warrants to the person who owns a house or other residential or commercial building or premises when ELK CAPSTONE 40 ASPHALT SHINGLES (“Shingles”) are purchased and installed on that building or premises (“Original Owner”) and any Authorized Transferee (as defined below) that the Shingles (1) are free from defects in materials or manufacturing workmanship that would adversely affect the performance of the Shingles; and (2) will be resistant to blow-offs in wind velocities up the maximum wind velocities and for the applicable limited wind warranty period stated below.

LIMITED WARRANTY PERIODS AND MAXIMUM WIND VELOCITIES: This Limited Warranty commences at the completion of the proper original installation of the Shingles and continues only for the applicable limited warranty periods and up to the maximum wind velocities described.

* If this Limited Warranty is transferred to an Authorized Transferee after the first anniversary of completion of the original installation of the Shingles, notwithstanding the above table, the limited warranty period will expire on the fifth anniversary of the date of transfer to the Authorized Transferee of the building or premises on which the Shingles were installed and will be prorated and limited as described below, and the Limited Wind Warranty, if applicable and still in effect, will expire on the fifth anniversary of the original installation of the Shingles.

** For a Limited Wind Warranty up to 110 MPH/177 KPH, at least six (6) properly placed NAILS and Elk Starter Strip shingles are required. See application instructions printed on the Shingle wrapper.

*** For a Limited Wind Warranty up to 80 MPH/129 KPH, at least four (4) properly placed fasteners are required. See application instructions printed on the Shingle wrapper.

THE USEFUL LIFE OF A GIVEN SHINGLE MAY BE AFFECTED BY MANY FACTORS, INCLUDING: THE WEATHER CONDITIONS TO WHICH IT IS EXPOSED; THE QUALITY OF ITS INSTALLATION; THE TYPE AND QUALITY OF THE CONSTRUCTION, INCLUDING THE ROOF DECKING AND VENTILATION; AND OTHER FACTORS OVER WHICH ELK HAS NO CONTROL. THIS LIMITED WARRANTY DESCRIBES YOUR REMEDY IN THE EVENT YOUR SHINGLES ARE FOUND TO HAVE DEFECTS IN MATERIAL OR MANUFACTURING WORKMANSHIP WHICH AFFECT PERFORMANCE BEFORE THE EXPIRATION OF THE APPLICABLE WARRANTY PERIOD. NO LIMITED WARRANTY ASSURES THAT THE COVERED PRODUCTS WILL LAST THE ENTIRE LENGTH OF THE APPLICABLE WARRANTY PERIOD.

LIMITATIONS OF REMEDIES AND LIABILITY: This Limited Warranty is the sole and exclusive remedy provided by ELK for Shingles containing manufacturing defects. For warranty claims of Original Owners, to the extent of those Shingles that actually manifest defects in material or manufacturing workmanship which affect performance during the applicable limited warranty period stated above, ELK shall either: (1) pay the reasonable replacement cost of defective Shingles, without application labor, prorated after ten years from installation as set forth below; or (2) pay the reasonable cost for replacement shingles of a similar design, without application labor, prorated after ten years from installation as set forth below; or (3) pay the reasonable cost for repair of the defective Shingles. For warranty claims of Authorized Transferees, to the extent of those Shingles that actually manifest defects in material or manufacturing workmanship which affect performance during the applicable limited warranty period stated above, ELK shall either: (1) pay the reasonable replacement cost of defective Shingles, without application labor, prorated from the date of transfer as set forth below; or (2) pay the reasonable cost for replacement shingles of a similar design, without application labor, prorated from the date of transfer as set forth below; or (3) pay the reasonable cost for repair of the defective Shingles. The decision on which of the stated remedies is provided to an Original Owner or Authorized Transferee in each individual case shall be at the sole discretion of ELK. If proration applies, as stated above, the amount that ELK will pay to an Original Owner will be reduced by the amount of usage received from the Shingles; in that event, ELK will pay a prorated percentage of the applicable reasonable cost described above, which will be calculated by dividing the number of months remaining in the limited warranty period by the number of months in the original limited warranty period. The amount that ELK will pay to an Authorized Transferee also will be reduced by the amount of usage received from the Shingles, but in this case the applicable prorated reasonable cost will be calculated by dividing the number of months remaining in the five-year post-transfer warranty period by sixty months. If providing replacement shingles, ELK, wherever possible, shall replace Shingles with shingles of the same color and design. However, since color variations exist between shingles manufactured at different times and since ELK may discontinue or modify its shingles, ELK reserves the right to replace defective Shingles with shingles of similar color and/or design. This Limited Warranty does not cover costs for installation, tear-off, dump fees, decking, flashing, metal work, underlayment or related work.

THIS LIMITED WARRANTY IS EXCLUSIVE AND LIMITS AS TO DURATION ANY OTHER WARRANTIES WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE TIME PERIOD STATED ABOVE. ELK MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, AND NO PERSON IS AUTHORIZED TO ALTER THIS LIMITED WARRANTY EITHER ORALLY OR IN WRITING. ELK SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER DAMAGES, INCLUDING ATTORNEYS’ FEES. ELK SHALL NOT BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCTS LIABILITY OR ANY OTHER THEORY, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN. SOME JURISDICTIONS MAY NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THEORIES OF LIABILITY, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS LIMITED WARRANTY GIVES THE ORIGINAL OWNER AND ANY AUTHORIZED TRANSFEREE SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. IF ANY PROVISION OF THIS LIMITED WARRANTY IS INVALID, VOID OR UNENFORCEABLE IN ANY INSTANCE OR RESPECT, THE UNENFORCEABLE PROVISION WILL BE SEVERED AND REFORMED TO EFFECT THE INTENT OF THIS LIMITED WARRANTY TO THE MAXIMUM EXTENT POSSIBLE, AND THE REMAINING PROVISIONS OF THIS LIMITED WARRANTY SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND EFFECT WITHOUT BEING IMPAIRED OR INVALIDATED AND SHALL BE ENFORCED TO THE FULL EXTENT PERMITTED BY LAW.

LIMITED WIND WARRANTY:
ELK’s Limited Wind Warranty against blow-offs is subject to each of the following conditions or limitations:
(A) The Limited Wind Warranty applies only to damage from winds up to the maximum wind velocities set forth above; in no event shall ELK be liable for any loss or damage due to wind velocities in excess of the applicable specified maximum velocity.
(B) The Limited Wind Warranty applies only until the fifth anniversary of the date of original installation of the Shingles, and ELK’s liability for any breach of the Limited Wind Warranty is limited to ELK’s obligation to pay the reasonable cost of replacing Shingles that have blown off and the reasonable cost of manually sealing any unsealed Shingles which have had adequate exposure to heat.
(C) IMPORTANT: The Limited Wind Warranty is conditioned upon installation of the Shingles in accordance with ELK’s application instructions as printed on the Shingle wrapper and the thermal sealing of the Shingles. In order for such sealing to occur, the Shingles must be exposed to adequate heat from direct sunlight. THE APPLICATION INSTRUCTIONS FOR CAPSTONE 40 SHINGLES CONTAIN SPECIAL TECHNIQUES REQUIRED BEFORE THE SHINGLES WILL CARRY THE MAXIMUM LIMITED WIND WARRANTY.

LIMITED WARRANTY APPLICABLE TO ELK HIP AND RIDGE: If ELK Z® Ridge, Seal-A-Ridge® with formula FLX™, RidgeCrest™ vented high profile ridge, RidgeCrest high profile hip and ridge, or other ELK hip and ridge shingles are installed on the same house or other residential or commercial building or premises with the Shingles, ELK warrants to the Original Owner and any Authorized Transferee that such hip and ridge shingles (1) are free from defects in materials or manufacturing workmanship that would adversely affect the performance of the hip and ridge shingles; and (2) will be resistant to blow-offs in wind velocities up to sixty miles per hour (60 MPH) until the fifth anniversary of the date of original installation of the hip and ridge shingles. Such hip and ridge shingles are warranted under this Limited Warranty for a period of time expiring at the end of the remaining limited warranty period applicable to the Shingles as it would apply to an Original Owner or an Authorized Transferee, as the case may be. The Limited Warranty applicable to ELK hip and ridge shingles is conditioned upon installation of such shingles in accordance with ELK’s application instructions as printed on the hip and ridge shingle wrapper. ELK’s liability for any breach of the Limited Warranty is limited by the same limitations of remedies and liability applicable to the Shingles.

WHAT IS NOT COVERED: ELK shall not be liable for, and this Limited Warranty does not apply to, any damages to the Shingles or any other property from any cause other than defects in materials or manufacturing workmanship defined in the Limited Warranty. The causes not covered by this Limited Warranty include, without limitation, damage to the Shingles caused by: (a) fire, casualty or acts of God, such as hailstorms, hurricanes, tornadoes, typhoons or waterspouts; (b) any distortion or movement of the roof deck, walls, or foundation of the building or other premises; (c) installation of the Shingles not conforming with the instructions printed on the Shingle wrapper; (d) any exposure to or application of paints or of any improper cleaning solutions, coatings, harsh airborne or liquid chemicals or modifications of any kind; (e) traffic (walking on the roof), misuse, neglect, or improper handling or use of the Shingles before, during or after installation; (f) decking nails or staples backing out and either perforating or pushing up the Shingles; (g) improper ventilation or drainage; (h) improper handling or storage of the Shingles by parties other than ELK, including from excessive exposure to impact, heat or moisture prior to application; or (i) failure of any Shingles to seal due to insufficient heat exposure or direct sunlight. Further, this Limited Warranty does not cover (a) distortion in the color of Shingles within a batch and/or between batches which may occur from the positioning of the granular surfacing material used on the Shingles, or (b) claims by owners or transferees not qualifying as Original Owners or Authorized Transferees under this Limited Warranty.

HOW TO TRANSFER THIS LIMITED WARRANTY: During the first one hundred twenty (120) months after original purchase and installation of the Shingles, this Limited Warranty may be transferred by the Original Owner to the first successor purchaser or transferee who purchases or is otherwise transferred the building or premises on which the Shingles were properly installed. Such purchaser or transferee must complete and return the attached Transfer Notification Card along with a two U.S. dollar per square (U.S. $2.00/9.29 square meters) transfer fee within thirty (30) days after transfer of the building or premises on which the Shingles are installed; upon ELK’s designated agent’s receipt of such Transfer Notification Card and fee in accordance with this paragraph, such purchaser or transferee will become an "Authorized Transferee" for purposes of this Limited Warranty. An Authorized Transferee will have the rights and remedies defined in this Limited Warranty only for prorated materials and only for the five-year limited warranty period defined above; provided, however, that if an Authorized Transferee received a transfer of this Limited Warranty on or before the first anniversary of completion of the original installation of the Shingles, such Authorized Transferee shall have all the rights and remedies of an Original Owner under this Limited Warranty.

HOW TO MAKE A CLAIM: To request performance of any obligation asserted under this Limited Warranty, you should, within thirty (30) days of discovery of a problem, contact: Manager of International Sales, ELK CORPORATION OF AMERICA 14643 Dallas Parkway, Suite 1000 Dallas, TX USA 75254 Telephone: 001-972-851-0400 Facsimile: 001-972-851-0447 for the name and address of ELK’s designated agent in your region. Promptly upon securing this information, send written notification of the alleged defect with a copy of your warranty card and proof of purchase of the Shingles to such agent.

HOW CLAIM WILL BE HANDLED: Within a reasonable period of time from receipt of the claim, copy of warranty card and proof of purchase of the Shingles, ELK’s designated agent will review your letter and may ask for samples of the Shingles, such other shingles, and photographs showing the extent of the problem. You are responsible for providing these items, and any other materials reasonably requested, at your expense. You must allow reasonable time for investigation, including roof top inspection by ELK’s designated agent and laboratory testing of the suspect Shingles. ANY CLAIM FOR SHINGLES WHICH HAVE BEEN REPLACED PRIOR TO ELK’S DESIGNATED AGENT’S RECEIPT OF WRITTEN NOTICE, SAMPLES, AND ON-SITE INSPECTION CONSTITUTES SPOLIATION AND WILL BE DENIED. If the investigation reveals manufacturing defects covered by this Limited Warranty, ELK’s designated agent will provide, within a reasonable period of time, a settlement in accordance with the conditions of the Limited Warranty.

THIS LIMITED WARRANTY IS A TERM AND CONDITION OF EACH SALE OF SHINGLES AND IS BINDING UPON EACH ORIGINAL OWNER, AUTHORIZED TRANSFEREE, AND OTHER OWNERS AND TRANSFEREES OF SHINGLES OR ANY BUILDING OR PREMISES UPON WHICH SHINGLES HAVE BEEN INSTALLED. EFFECTIVE DATE: THIS LIMITED WARRANTY IS EFFECTIVE FOR ALL ELK CAPSTONE 40 SHINGLES SOLD AFTER: July 23, 2001 outside of the United States of America and Canada.

 

 

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