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Low Slope Product Limited Warranty

ELK PlyLoc™ LIMITED WARRANTY

RGM PRODUCTS, INC. ("MANUFACTURER"), a subsidiary of Elk Premium Building Products, Inc., warrants to the person who owns a house or other residential or commercial building or premises when the ELK PlyLoc™ SYSTEM ("System") is purchased and installed on that building or premises ("Owner") that the Systems (1) is free from defects in materials or manufacturing workmanship that would adversely affect the performance of the System; and (2) will be resistant to blow-offs in wind velocities up to the maximum 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 System and continues only for the applicable limited warranty periods and up to the maximum wind velocities described below.


Types of System

Limited Warranty Period
Non-Prorated Umbrella Coverage Period

Limited Wind Warranty Period

Maximum Wind Velocity

PlyLoc™ Low-Slope Two-Ply Roofing System

10 Years
1 Year

5 Years

60 MPH

PlyLoc™ Low-Slope Three-Ply Roofing System

15 Years
1 Year

5 Years

60 MPH

THE USEFUL LIFE OF A GIVEN SYSTEM 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 MANUFACTURER HAS NO CONTROL.
THIS LIMITED WARRANTY DESCRIBES YOUR REMEDY IN THE EVENT YOUR SYSTEM IS 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.
NOT TRANSFERABLE.  This Limited Warranty is NOT TRANSFERABLE OR ASSIGNABLE IN ANY MANNER.
LIMITATIONS OF REMEDIES AND LIABILITY: This Limited Warranty is the sole and exclusive remedy provided by MANUFACTURER for Systems containing manufacturing defects. For warranty claims of Owners, to the extent of those Systems that actually manifest defects in material or manufacturing workmanship which affect performance during the applicable limited warranty period stated above, MANUFACTURER will either: (1) pay the reasonable replacement cost of defective Systems and the reasonable cost of necessary application labor for such systems, prorated after the first year from installation as set forth below; or (2) provide replacement systems only or pay the reasonable cost for replacement systems of a similar design; or (3) pay the reasonable cost for repair of the defective Systems. The decision on which of the stated remedies is provided to an Original in each individual case shall be at the sole discretion of MANUFACTURER. If proration applies, as stated above, the amount that MANUFACTURER will pay to an Owner will be reduced by the amount of usage received from the System; in that event, MANUFACTURER 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. However, since color variations exist between systems manufactured at different times and since MANUFACTURER may discontinue or modify its systems, MANUFACTURER reserves the right to replace defective Systems with systems of similar color and/or design. The application labor covered by this Limited Warranty does not include costs for tear-off, dump fees, decking, flashing, metal work, walls, copings, building structure, adjoining roofing not manufactured by Manufacturer or related work.
DISCLAIMER OF WARRANTIES. THE WARRANTIES IN THE FIRST PARAGRAPH OF THIS LIMITED WARRANTY ARE THE ONLY WARRANTIES GIVEN BY MANUFACTURER AND ARE IN PLACE OF ALL OTHERS, SUPERSEDING ANY PRIOR, CONTRARY OR OTHER REPRESENTATIONS, WHETHER ORAL OR WRITTEN. MANUFACTURER HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES. IN NO EVENT WILL MANUFACTURER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE USE, MISUSE OR INABILITY TO USE MANUFACTURER SYSTEMS, OR FROM DEFECTS OR NONCONFORMITY TO SPECIFICATIONS OF MANUFACTURER SYSTEMS, OR FROM MANUFACTURER'S OWN NEGLIGENCE OR OTHER TORT. This exclusion applies regardless whether such damages are sought for breach of warranty, breach of contract, negligence, or strict liability in tort or under any other legal theory, and by purchasing MANUFACTURER Systems, the Buyer waives and releases all other remedies, claims, and rights.
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 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.
LIMITED WIND WARRANTY: MANUFACTURER'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 MANUFACTURER be liable for any loss or damage due to wind velocities in excess of the applicable maximum velocity.
(B) The Limited Wind Warranty applies only until the fifth anniversary of the date of original installation of the Systems, and MANUFACTURER's liability for any breach of the Limited Wind Warranty is limited to MANUFACTURER's obligation to pay the reasonable cost of replacing Systems that have blown off and the reasonable cost of manually sealing any unsealed Systems which have had adequate exposure to heat.
(C) IMPORTANT: The Limited Wind Warranty is conditioned upon installation of the Systems in accordance with MANUFACTURER's application instructions as printed on the product wrapper and the thermal sealing of the Systems. In order for such sealing to occur, the Systems must be exposed to adequate heat from direct sunlight.
WHAT IS NOT COVERED: MANUFACTURER shall not be liable for, and this Limited Warranty does not apply to, any damages to the Systems 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 Systems caused by: (a) fire, casualty or acts of God, such as hailstorms, hurricanes, or tornadoes; (b) any expansion, contraction, distortion or movement of counter flashing or metal work, or of the roof deck, walls, or foundation or other structural component of the building or other premises; (c) installation of the Systems not conforming with the instructions printed on the product 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, storage or use of the Systems before, during or after installation, including from excessive exposure to impact, heat or moisture prior to application; (f) conditions that prevent positive drainage or areas of the roof which pond water; (g) improper drainage; (h) infiltration or condensation of moisture through the walls, copings, building structure or surrounding materials; or (i) failure of any Systems to seal due to insufficient heat exposure or direct sunlight. Further, this Limited Warranty does not cover (a) distortion in the color of Systems within a batch and/or between batches which may occur from the positioning of the granular surfacing material used on the Systems; (b) claims by owners or transferees not qualifying as Original Owners under this Limited Warranty; or (c) Systems installed over cold storage or freezer buildings, or buildings with high humidity conditions.
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 and proof of purchase of the System to either:
RGM PRODUCTS, INC. at 3441 South Willow Avenue, Fresno, CA 93725 888-743-4527.

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 System, MANUFACTURER will review your letter and may ask for samples of the System, such other systems, 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 a MANUFACTURER employee and laboratory testing of the suspect System.
ANY CLAIM FOR SYSTEMS WHICH HAVE BEEN REPLACED PRIOR TO MANUFACTURER'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, MANUFACTURER 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 SYSTEMS AND IS BINDING UPON EACH OWNER, AND OTHER OWNERS AND TRANSFEREES OF SYSTEMS OR ANY BUILDING OR PREMISES UPON WHICH SYSTEMS HAVE BEEN INSTALLED.
EFFECTIVE DATE: THIS LIMITED WARRANTY IS EFFECTIVE FOR ALL MANUFACTURER SYSTEMS SOLD AFTER: March 15, 2006.


 

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