RoofWrap Mobile Home Roofing EPDM Membrane Limited Warranty

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ROOFWRAP LLC ("Seller") warrants to the above named Building Owner ("Buyer"), installed at the above named location, that its RoofWrap cured EPDM rubber roofing membrane ("Membrane") is free from manufacturing defects and that the Membrane will not deteriorate due to the action of moisture, oxygen, ozone and ultraviolet light modified by time and temperature ("Weathering") to the extent that it becomes incapable of maintaining a watertight condition for a period of 10 (TEN) years from the date of its original purchase as a single-ply roofing membrane and that the Membrane is manufactured in accordance with the manufacturer's specifications.

Though EPDM membrane is quite inert and will resist weathering well, it will not withstand the actions of many materials. By way of illustration (but not limited to) such materials include strong acids, fats, oils, grease and most hydrocarbons. Care must be taken in determining compatible environmental conditions for installation.

Seller assumes no liability for any failure of the membrane resulting from: (1) Acts of God, including without limitation floods, lightning, hurricanes, winds, earthquakes, earth tremors, tornados, gales, hail, fire, the infestation or presence of plant, mold, fungi, bacteria and insects or animals of any origin or cause and abuse; (2) Installation; and (3) Use in an incompatible environment as indicated in the preceding paragraph.

This limited warranty does not apply to labor, other materials or any other items.

OWNER'S REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR CLAIMS AND DAMAGES ARISING FROM FAILURE OF THE MEMBRANE. ROOFWRAP LLC MAKES NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, WHICH EXTEND BEYOND THE FACE HEREOF. ROOFWRAP LLC SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. EXCEPT AS PROVIDED HEREIN, SHELTER COMPONENTS SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCE OR THEORY OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, PRODUCTS LIABILITY OR OTHERWISE,(I) FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, LOSS OF PROFIT OR DAMAGE TO THE BUILDING OR ANY MERCHANDISE OR OTHER CONTENTS THEREIN, FOR WHATEVER CAUSE INCLUDING BUT NOT LIMITED TO MOLD, FUNGI, AND BACTERIA AND (II) FOR LOSS OR DAMAGE CAUSED OR CONTRIBUTED TO BY ROOFWRAPS' REFERENCE OF A CONTRACTOR OR INSPECTION OF, OR FAILURE TO INSPECT, THE BUILDING ROOF. IN THE EVENT OF ANY ARBITRATION OR LITIGATION REGARDING THIS WARRANTY OR ITS SUBJECT MATTER, IF ROOFWRAP'S IS THE PREVAILING PARTY, OWNER SHALL REIMBURSE ROOFWRAP ALL OF ITS DISPUTE RESOLUTION COSTS, INCLUDING ATTORNEY'S FEES. FOR PURPOSES OF THIS WARRANTY, ROOFWRAP WILL BE DEEMED THE PREVAILING PARTY IF THE OWNER RECOVERS NOTHING OR A SUM LESS THAN WAS OFFERED IN SETTLEMENT.

If upon inspection by the Seller or its authorized agent, the Membrane shows premature deterioration because of weathering within the warranty period stated herein, Seller's liability and Buyer's sole and exclusive remedy shall be limited at Seller's option to the supply of repair material sufficient to make or replace the affected area of Membrane to a waterproof condition or credit to be applied towards the purchase of materials to make the affected areas of the Membrane waterproof, the value of these remedies being determined by the seller based upon the number of remaining months of the unexpired warranty used to pro-rate at current prices for the Membrane. The maximum pro-rated value allowed by Seller for repair or credit shall not exceed the original Membrane purchase price. Proration shall be 10% per year starting at the end of the first year anniversary of purchase.

Seller shall not be liable for any incidental, consequential or other damages such as damages to the structure to which the Membrane is affixed or its contents; and any resulting damage or condition, including but not limited to, mold, fungi or bacteria, nor shall Seller be liable for any damages which are based on negligence, breach of warranty, strict liability or any other theory other than the liability set forth above. Incidental and consequential damages shall not be recoverable even if the re-supply remedy provided for herein fails of its purpose.

To require a performance of Seller's obligations under this Warranty, Buyer must, within thirty (30) days of discovery of the purported defect or deterioration to which the claim relates, send written notification of such defect at its own expense by certified mail to:

RoofWarp LLC
ATTN: Warranty Department
5418 Myrtle Avenue Freeland, WA 98249 USA

This notice must include a general description of the purported defect or premature deterioration. Failure to notify the Seller in this manner shall be deemed a waiver of any purported defect or premature deterioration. Within thirty (30) days after written notice of the alleged defect has been received by Seller, its representative will investigate the claim. Such investigation must include the securement of adequate samples of the Membrane from the structure to which it is affixed for testing by Seller as part of its claims investigation. Seller may request that Buyer supply one piece of sample roofing if Buyer is supplied sufficient repair material at no charge to the Buyer. Failure to be permitted such investigation constitutes a waiver of the purported defect or premature deterioration.

Upon being permitted such opportunity to investigate, Seller will then promptly perform any obligation imposed by this Warranty as a result of such investigation.

Seller will not be liable for any actions or expenditures which are incurred prior to written acknowledgment of Seller's responsibility relating to the re-supply remedy provided for herein.

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