RoofAquaGuard KERABIT
Manufacturer & Warranty
TERMS AND CONDITIONS:
Lemminkainen Katto Oy, warrants that RoofAquaGuard KERABIT membrane will be free from manufacturing defects and withstand ordinary wear and tear which affects the ability of the product to maintain the roof in a watertight condition for the period of 50 years from the date of installation of the roofing membrane This warranty is for the sole benefit of the building owner (“Owner”) and cannot be assigned to a third party without the express written consent of the Lemminkainen Katto Oy referred to as the (“Manufacturer”).
Should RoofAquaGuard KERABIT membrane be deemed defective, as described above, the Manufacturer of RoofAquaGuard KERABIT shall repair such defects, or at the Manufacturer’s option, replace such defective materials. The Manufacturer’s maximum liability shall not exceed the original cost of the defective roofing membrane excluding all installation related labor costs; costs of flashing, metal work, or other materials supplied, or manufactured by others. Any such repair or replacement shall be the Owner’s SOLE AND EXCLUSIVE REMEDY against RoofAquaGuard KERABIT.
RoofAquaGuard KERABIT shall have no obligation under this warranty in the event that:
- Damage by natural disasters, (Force Majeure) including, but not limited to lightning, hail, gale force or other strong winds exceeding 42,3 miles per hour, floods, hurricanes, tornadoes, wind launched debris, earthquakes, or similar acts of god or natural causes.
- Damage by willful, or negligent acts, fire, vandalism or other misuse;
- Damage by use of materials not furnished by the Manufacturer of RoofAquaGuard KERABIT;
- Owner or lessee fails to use reasonable care in maintaining and repairing the RoofAquaGuard KERABIT membrane or other required components of the roofing system;
- Damage by structural failure including without limitation, settling, shifting of the building, or movement, cracking or deflection of the roof deck, roof substrate, roof insulation, building design or construction.
- Damage by any chemical condition not disclosed to the Manufacturer of RoofAquaGuard KERABIT or traffic or storage of materials or infiltration of condensation or , moisture in, through or around the walls, coping, building structure of the underlying or surrounding areas;
- Alterations or repairs made on or through the roof or objects (including, without limitation, machines; structures, fixtures, or utilities) are placed on the roof without prior written authorization of Manufacturer.
- Metal work or other materials not furnished by Manufacturer of RoofAquaGuard KERABIT not used in the roofing system resulting in leaks.
- Poor workmanship in the application of materials,
- Failure to utilize the present instructions of RoofAquaGuard KERABIT, recommendations and installation procedures;
- Damage resulting from lack of positive, proper or adequate drainage, or failure to comply with any terms or conditions of this warranty.
- Loss of surface wear material
Manufacturer shall have no responsibility whatsoever for bodily injury to any person or damage to the structure or its contents arising out of any roof membrane or any other consequential or incidental damages, or attorneys fees.
The Manufacturer of RoofAquaGuard KERABIT sole responsibility is the replacement of defective membrane. This warranty does not include the cost of removal, installation or the cost of labor of any overlaying products or surfaces/materials/systems.
RoofAquaGuard KERABIT shall not have any obligation under this warranty unless the owner shall have promptly notified the Manufacturer of
RoofAquaGuard KERABIT by registered or certified mail, direct to:
| Att: RoofAquaGuard c/o Nemco Industries Inc. #21-285 17th Street West Vancouver, BC V7V 3S6 Canada |
The Manufacturer of RoofAquaGuard KERABIT must receive such notice within ten (10) days after discovery of the claimed defect.
The Owner shall provide the Manufacturer of RoofAquaGuard KERABIT, and its distributors, agents and employees, to have free access to the roof during regular business hours during the term of the warranty.
RoofAquaGuard KERABIT good-faith determination of the source of leaks, damage or defect to the roof shall be exclusive and binding to the Owner. RoofAquaGuard KERABIT failure at any time to enforce any of the terms and conditions of this warranty shall not be construed as a waiver of such provisions. RoofAquaGuard KERABIT reserves the right to discontinue or modify any of its products and shall not be liable to the Owner as a result of any such discontinuance or modification.
THIS WARRANTY SUPERCEDES AND IS IN LIEU OF ALL OTHER WARRANTIES WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABLILITY AND FITNESS FOR A PARTICULAR PURPOSE. THIS WARRANTY SHALL BE THE OWNER’S EXCLUSIVE REMEDY AGAINST ROOFAQUAGUARD KERABIT OR ITS AFFILIATES WITH RESPECT TO THE ROOF, AND NEITHER ROOFAQUAGUARD KERABIT OR ITS AFFILIATES SHALL BE LIABLE FOR ANY CONSEQUENTIAL OR INCENDENTAL DAMAGES.
ROOFAQUAGUARD KERABIT AGENTS HAVE NO AUTHORITY TO GIVE WARRANTIES BEYOND THOSE PROVIDED IN THS WARRANTY.
If warranty is not completed in full and approved by Manufacturer of RoofAquaGuard KERABIT, warranty becomes null and void.
Manufactured by: Lemminkainen Katto Oy, PL 10, 04361 Tuusula, Finland
