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HighPoint™ Ridge Vents Limited Warranty
ELK CORPORATION OF TEXAS (“ELK”) warrants to the person who owns a house or other residential or commercial building or premises when ELK HIGHPOINT™ Premier, HIGHPOINT Series 5, HIGHPOINT Series 9, or other Elk ridge products and vented ridge backer products (“Ridge Vent Products”) are purchased and installed on that building or premises (“Original Owner”) and any Authorized Transferee (as defined below) that the Ridge Vent Products are free from defects in materials or manufacturing workmanship that would adversely affect the performance of the Ridge Vent Products when installed according to ELK’s specifications.

This Limited Warranty commences at the completion of the proper installation of the Ridge Vent Products and continues only for a period of equal length to the remaining warranty period applicable to the hip and ridge shingles (“Hip and Ridge Shingles”) installed on the same ridge of the building or premises on which the Ridge Vent Products are installed, up to a maximum of fifty (50) years. If such Hip and Ridge Shingles carry no limited warranty or a warranty of a duration that ELK cannot determine in good faith, then the warranty period under this Limited Warranty is twenty-five (25) years.

If this Limited Warranty is transferred to an Authorized Transferee after the first anniversary of completion of the original installation of the Ridge Vent Products, notwithstanding the above, the 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 Ridge Vent Products were installed and will be limited as described below.

The useful life of Ridge Vent Products may be affected by many factor,s including: the weather conditions and heat to which they are exposed; the quality of installation; the type and quality of the construction, including the roof decking and slope; and other factors over which ELK has no control. This Limited Warranty describes your remedy in the event your Ridge Vent Products 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 Ridge Vent Products containing manufacturing defects affecting performance. For warranty claims of Original Owners and Authorized Transferees, to the extent of those Ridge Vent Products that actually manifest defects in material or manufacturing workmanship that adversely affect performance during the applicable warranty period stated above, ELK, at its sole option, shall either: (1) replace, repair, or pay the reasonable cost of replacing or repairing the defective Ridge Vent Products or defective parts thereof; or (2) pay an amount equal to the original purchase price of the defective Ridge Vent Products, prorated and reduced after ten years from the date of purchase for usage of the Ridge Vent Products obtained by the Original Owner, as set forth in the next paragraph. 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.

After the applicable remaining non-prorated warranty period, if any, ELK will pay no more than a prorated percentage of the applicable original purchase price of the Ridge Vent Products, which will be calculated by dividing the number of months remaining in the Ridge Vent Products’ warranty period by the number of months remaining in the warranty period of the Hip and Ridge Shingles when the Ridge Vent Products were first installed, up to a maximum of fifty (50) years. If providing replacement ridge vent products, ELK, wherever possible, shall replace Ridge Vent Products with ridge vent products of the same color and design. However, since color variations exist between products manufactured at different times and since ELK may discontinue or modify its ridge vent products, ELK reserves the right to replace defective Ridge Vent Products with ridge vent products of similar color and/or design.

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 WARRANTY SET FORTH IN THE FIRST PARAGRAPH HEREOF, 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 STATES 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 STATE TO STATE.

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.

WHAT IS NOT COVERED: ELK shall not be liable for, and this Limited Warranty does not apply to, any damages to the Ridge Vent Products or any other property from any cause other than the specific 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 Ridge Vent Products caused by: (a) misapplication, misuse, abuse or neglect of the product; (b) fire, casualty or acts of God, such as hailstorms, hurricanes, tornadoes or other severe windstorms; (c) any distortion or movement of the roof deck, walls, or foundation of the building; (c) installation of the Ridge Vent Products not strictly conforming with ELK’s written instructions; (d) any exposure to or application of any improper cleaning solutions, coatings, harsh airborne or liquid chemicals or modifications of any kind; (e) improper ventilation or drainage; (f) improper handling or storage of the Ridge Vent Products by parties other than ELK, including from excessive exposure to impact, heat or moisture prior to application. ELK shall not be liable for any damages to the Ridge Vent Products or any other property if the Ridge Vent Products are installed on a roof with a pitch exceeding 12/12 (45 degree slope), or is less than 3/12 (14 degree slope).

HOW TO TRANSFER THIS LIMITED WARRANTY: After original purchase and installation of the Ridge Vent Products, this Limited Warranty, if still in effect, may be transferred by the Original Owner to the next successor purchaser or transferee who purchases or is otherwise transferred the building or premises on which the Ridge Vent Products were properly installed. Such purchaser or transferee must complete and return the attached Transfer Notification Card along with a fifty dollar ($50) transfer fee within thirty (30) days after transfer of the building or premises on which the Ridge Vent Products are installed; upon ELK’s receipt of the 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 made applicable to Authorized Transferees in this Limited Warranty. If a transferee receives a transfer of this Limited Warranty on or before the first anniversary of completion of the original installation of the Ridge Vent Products, such transferee is considered 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, send written notification of the alleged defect with a copy of your warranty card, proof of purchase of the Ridge Vent Products, and proof of purchase of the Hip and Ridge Shingles to: ELK at 202 Cedar Road, P.O. Box 500 Ennis, Texas 75119 or call [(866) 355-8324].

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 both the Ridge Vent Products and the Hip and Ridge Shingles installed on your roof, ELK will review your letter and may ask for samples of the Ridge Vent Products, 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 an ELK employee and laboratory testing of the suspect Ridge Vent Products. ANY CLAIM FOR RIDGE VENT PRODUCTS WHICH HAVE BEEN REPLACED PRIOR TO ELK’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 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 RIDGE VENT PRODUCTS AND BINDING UPON EACH ORIGINAL OWNER, AUTHORIZED TRANSFEREE, AND OTHER TRANSFEREE OF RIDGE VENT PRODUCTS OR ANY BUILDING OR PREMISES UPON WHICH RIDGE VENT PRODUCTS HAVE BEEN INSTALLED.

EFFECTIVE DATE: THIS LIMITED WARRANTY IS EFFECTIVE FOR ALL ELK HIGHPOINT™ Premier, HIGHPOINT Series 5, HIGHPOINT Series 9, or other Elk ridge products and vented ridge backer products sold after November 22, 2002 in the United States and all Canadian provinces.

 

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Date: 2/16/2006
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