INTRODUCTION
Subject to the terms, conditions
and limitations stated herein, RPM Roofing
(“RPM”)
warrants to the original building owner of record upon
whose building the RPM Products (herein defined) are
placed (“Owner”)
that RPM Shake, RPM Slate and RPM Mission roofing tiles
(“Roofing Products”) are free from manufacturing
defects at the time of sale.
RPM further warrants that its Roofing Products:
(1) will not prematurely deteriorate because of weathering
and thereby cause leaks for a period of fifty (50) years
from the date of application; and
(2) will not blow off or otherwise become damaged by
winds less than 90 mph (confirmed by the National Weather
Service) within the first ten (10) years after the date
of installation. RPM shall have no liability under this
Limited Wind Warranty if the Roofing Products have been
exposed at any time to winds in excess of 90 mph. Roofing
Products will be conclusively deemed to have been exposed
to winds in excess of 90 mph if the National Weather
Service or other reputable weather agency records wind
in excess of 90 mph in the county where the Roofing Products
are installed.
This Limited Material Warranty does not apply to materials
not sold by RPM, nor does it cover any labor costs or
any other elements of any construction projects associated
with the installation of our Roofing Products, unless
specifically stated to the contrary herein. The useful
life of a given Roofing Product 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 RPM has
no control.
This Limited Material Warranty describes the remedy
in the event the Products are found to have defects in
material or manufacturing workmanship which cause leaks
before the expiration of the stated warranty period.
TERMS, CONDITIONS AND LIMITATIONS
1. The registration certificate must be completed, signed
by the installing contractor and returned to RPM within
thirty (30) days after the completion of the installation;
2. To request performance of any obligation of RPM asserted
herein, the building owner must, within thirty (30) days
from the date Owner discovers or by reasonable inspection
should have discovered a problem for which RPM may be
responsible, send a written notification of the alleged
defect with a copy of this warranty and proof of purchase
of the Products to: RPM Roofing, 9981 West 190th St.,
Suite C, Mokena, Illinois, 60448.
3. RPM shall review the matter promptly, and within
a reasonable amount of time shall provide an initial
response. RPM may ask for samples of the Products and/or
photographs showing the extent of the problem. Owner
is responsible for providing these at Owner's expense.
Any claim shall be denied for Roofing Products that have
been replaced prior to RPM's receipt of written notice
and, at RPM's discretion, an onsite inspection. If RPM's
investigation reveals manufacturing defects covered by
this Limited Material Warranty, RPM will provide, within
a reasonable period of time, a settlement in accordance
with the conditions of this document.
4. This Limited Material Warranty is the sole and exclusive
remedy provided to Owner with regard to the Roofing Products.
To the extent any Roofing Products actually contain defects
in material or manufacturing workmanship which affects
their performance, RPM will compensate Owner by either:
(a) paying the reasonable replacement cost of the affected
Roofing Products, prorated as set forth below; or
(b) providing free replacement of the affected Roofing
Products, based on the proration factor set forth below;
or
(c) paying the reasonable cost for repair of the affected
Roofing Products.
The decision on which remedy is used shall be at the
sole discretion of RPM. Not withstanding anything herein
to the contrary, RPM shall compensate Owner or any subsequent
Owner only once during the term hereof as provided in
Subsections (a), (b) and (c) above.
5. In the unlikely event that premature deterioration
of the Products during the first ten (10) years affects
Owner's entire roof, and RPM determines that the cause
of the problem is in fact due to manufacturing defects
for which RPM is solely responsible, RPM will provide
Owner with 100% of replacement materials and pay the
reasonable cost of labor to recover the entire roof.
6. After ten (10) years from the date of application
of the Roofing Products, however, if RPM chooses to pay
the reasonable replacement cost of the affected Roofing
Products, the amount RPM will pay will be reduced by
the amount of usage Owner has received from the affected
Products. Thus, RPM will pay a percentage of the reasonable
replacement cost of the affected Roofing Products. This
percentage will be determined by dividing the number
of months remaining in the warranty period by 600 (the
number of months in the original warranty period). The
resulting percentage will be multiplied times the reasonable
replacement costs for the affected shingles. Reasonable
replacement costs relate to originally supplied materials
covered by this Limited Material Warranty and do not
include, among other costs, costs of tear-off, dump fees,
flashing, metal work, underlayment, related work or related
materials or labor costs of any kind.
7. This Limited Material Warranty shall not be applicable
for, and RPM will NOT compensate Owner, if upon inspection,
RPM determines that damage to the Roofing Products or
roof has resulted from anything other than an inherent
manufacturing defect in the Roofing Products. Such other
causes include, but are not limited to:
(a) improper installation of the Roofing Products or
application not in strict accordance with RPM's Installation
Instructions;
(b) improper storage or handling of the Roofing Products;
(c) impact of foreign objects or traffic on the roof;
(d) a product not furnished by RPM is used and fails,
causing premature deterioration of the RPM Roofing Products;
(e) inadequate attic ventilation or application of the
Roofing Products directly to insulation or to an insulated
deck. (Ventilation must meet at least FHA Minimum Property
Standards.);
(f) Settlement, movement or defects in the building,
walls, foundation or the roof base over which the Roofing
Product was applied;
(g) deterioration or failure of building components,
over which RPM has no control, occurs or causes damage.
Such components include, but are not limited to, the
roof deck, metal roof components, walls, mortar, machinery,
HVAC units or other such items;
(h) damage resulting from natural disasters, including
but not limited to, earthquakes, hurricanes, or tornadoes;
(i) acts of Nature, such as fire, hail, lightning, ice
damming, or winds above 90 mph (confirmed by the National
Weather Service);
(j) being subject at the time of installation to temperatures
lower than 40 degrees Fahrenheit; or
(k) the Products are damaged by acts beyond RPM's control,
including, but not limited to, negligence, accidents
or misuse, as well as vandalism, civil disobedience,
acts of terrorism or acts of war.
8. RPM warrants against blow-offs, but such warranty:
(a) applies only to damage from winds up to 90 mph (confirmed
by the National Weather Service). In no event shall RPM
be liable for any loss or damage due to winds in excess
of the specified 90 mph wind velocity;
(b) is conditioned upon application of the Products
in strict accordance with RPM's Installation Instructions,
including but not limited to, the use of approved fasteners
and application at recommended exposures based on roof
pitch; and
(c) shall apply only during the first ten (10) years
after installation, and is limited to RPM's obligation
to pay the reasonable cost of replacement shingles that
have blown off and does not cover any labor or other
costs.
9. RPM shall have no obligation under this Limited Material
Warranty whatsoever unless all bills and charges for
the Roofing Products have been paid in full.
10. This Limited Material Warranty may not be transferred
or assigned, directly or indirectly, except for one transfer
as follows:
(a) The Second Owner must notify RPM in writing within
thirty (30) days after a property transfer from Owner
has occurred for any coverage by this Limited Material
Warranty to be transferred. To transfer this warranty
to a Second Owner, the original Owner must send by certified
mail the Registration of Warranty Transfer Form filled
out completely which is part of this Limited Warranty
requesting the transfer, along with a photocopy of this
Limited Material Warranty. RPM will forward a new Limited
Material Warranty to the Second Owner which establishes
the amount of time already used under the previous Limited
Material Warranty, and stipulates the remaining time
available under the Limited Material Warranty.
(b) If the transfer takes place within the first ten
years after the original application of the Roofing Products,
the Second Owner shall be entitled to all benefits contained
in this Limited Material Warranty.
(c) If the transfer takes place more than ten years
after the original application of the Roofing Products,
the length of this Limited Material Warranty shall be
reduced to the two-year period after the ownership changes.
During this two-year period, RPM's reimbursement to the
Second Owner will be prorated as set forth above in Section
5, depending on the remaining time available under this
Limited Material Warranty.
11. RPM's failure at any time to enforce any of these
terms or conditions stated herein shall not be construed
to be a waiver of such terms or conditions.
12. Notwithstanding anything to the contrary herein,
to the extent that any provision of this Limited Material
Warranty is deemed invalid under any applicable law,
then with regard to such instances, such provision(s)
shall be of no effect, or, if practicable, shall be deemed
modified to the extent necessary to comply with such
law and the remaining portions of this Limited Material
Warranty shall not be affected but shall continue in
full force and effect.
13. THIS LIMITED MATERIAL WARRANTY SUPERSEDES AND IS
IN LIEU OF ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS,
WHETHER ORAL OR IN WRITING. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THIS LIMITED MATERIAL WARRANTY EXCLUDES ALL OTHER
WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, ARISING
BY OPERATION OF LAW OR OTHERWISE. NO REPRESENTATIVE OF
RPM HAS AUTHORITY TO MAKE ANY REPRESENTATIONS OR PROMISES
EXCEPT AS STATED HEREIN. THIS EXCLUSION APPLIES WHETHER
OR NOT THE PURPOSE OR USE HAS BEEN DISCLOSED TO RPM IN
SPECIFICATIONS OR OTHERWISE.
14. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE
REMEDIES FOR FAILURE OF RPM SHAKE, RPM SLATE AND RPM
MISSION PRODUCTS. THERE ARE NO WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS
FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND
BEYOND THE FACE HEREOF. RPM SHALL NOT BE LIABLE FOR ANY
INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING,
BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO A BUILDING
OR ITS CONTENTS, BUSINESS INTERRUPTION, LOSS OF USE OR
REVENUE, COST OF CAPITAL OR LOSS OR DAMAGE TO PROPERTY
OR EQUIPMENT, OR LOSS OF REPUTATION UNDER ANY THEORY
OF LAW WHATSOEVER.
15. NO EMPLOYEE, AGENT, DEALER, OR OTHER PERSON IS AUTHORIZED
TO GIVE ANY WARRANTY ON RPM'S BEHALF NOR TO ASSUME FOR
RPM ANY OTHER LIABILITY IN CONNECTION WITH ANY PRODUCTS.
16. BUYER AND OWNER ASSUME ALL RESPONSIBILITY FOR ANY
LOSS, DAMAGE OR INJURY TO PERSONS OR PROPERTY ARISING
OUT OF, IN CONNECTION WITH, OR RESULTING FROM THE USE
OF THE PRODUCTS, EITHER ALONE OR IN COMBINATION WITH
OTHER PRODUCTS. FURTHER, BUYER AND OWNER SHALL INDEMNIFY,
DEFEND AND HOLD RPM HARMLESS FROM ANY LIABILITY TO BUYER
OR OWNER, THEIR EMPLOYEES, WORKERS, CONTRACTORS, OR ANY
OTHER PERSON ARISING OUT OF BUYER'S OR OWNER'S, OR ANY
OTHER PERSON'S USE OF THE PRODUCTS. ANY INSTRUCTION OR
WARNING SUPPLIED BY RPM SHALL BE PASSED ON TO THOSE PERSONS
WHO USE THE PRODUCTS WHICH ARE TO BE USED ONLY IN THEIR
RECOMMENDED APPLICATIONS.
17. NO WARRANTY IS GIVEN BY RPM WITH RESPECT TO ANY
PRODUCTS, GOODS, APPARATUS, INSTRUMENT, COMPONENT OR
ACCESSORIES NOT PRODUCED BY RPM.
18. BUYER ACKNOWLEDGES THAT IT HAS NOT RELIED UPON ANY
REPRESENTATION OF RPM REGARDING THE PRODUCTS OR THEIR
DELIVERY OTHER THAN THOSE REPRESENTATIONS STATED HEREIN.
19. ANY CLAIM FOR BREACH OF THIS WARRANTY SHALL BE DEEMED
WAIVED UNLESS SUBMITTED TO RPM IN WRITING WITHIN THIRTY
DAYS FROM THE DATE OWNER DISCOVERS OR BY REASONABLE INSPECTION
SHOULD HAVE DISCOVERED THE ALLEGED BREACH. ANY CAUSE
OF ACTION FOR BREACH OF THE FOREGOING WARRANTY SHALL
BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
HAS ACCRUED.
ORIGINAL OWNER REGISTRATION FORM
Registration of Limited Warranty (for use by Original
Owner): All information must be filled out legibly to
process warranty. Within 30 days of Installation date,
mail to: RPM Roofing, Attn: Warranty Transfer, RPM Roofing,
9981 West 190th Street, Suite C, Mokena, IL 60448.
KEEP A COPY OF THIS ENTIRE LIMITED WARRANTY AND REGISTRATION
FORM FOR YOUR RECORDS OR A SUBSEQUENT TRANSFER
Contractor's Name ______________________________________________
Address________________________________________________________
City ___________________________State________Zip_________________
Contractor's Signature ____________________________Date
__________
Place of Purchase _____________City__________State
____Zip ________
RPM Roofing Tile Type & Color
Specify_____________________________
Owner _________________________________________________________
Address________________________________________________________
City ____________________________State________Zip_________________
Owner's Signature ______________________________Date_____________
REGISTRATION FORM FOR WARRANTY TRANSFER
Registration of Warranty Transfer (for use by Subsequent
Purchaser): All information must be filled out legibly
to process warranty. Within 30 days of Real Estate Transfer
date, mail to: RPM Roofing, Attn: Warranty Transfer,
RPM Roofing, 9981 West 190th Street, Suite C, Mokena,
IL 60448.
Original Owner ___________________________________________________
Address_________________________________________________________
Owner's Signature_______________________________Date
____________
Type of Product _______________________Install
Date_________________
Real Estate Transfer Date _________________________________________
2nd Owner ______________________________________________________
Home Phone ______________________Work Phone ___________________
2nd Owner's Signature _______________________Date________________
