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Metacrylics

Roofing system guarantee
Request for warranty


COVERAGE:

METACRYLICS ROOF SYSTEM GUARANTEE
Term to Maintain a Watertight Roofing System:
Ten (10) Years Renewable Warranty

Metacrylics guarantees to the original owner that during the term commencing with the Date of Completion, Metacrylics will pay for the materials reasonably required to repair the Roofing System to return it to a watertight condition if leaks occur due to: (i) ordinary wear and tear of any or all of the component materials of the Roofing System or (ii) workmanship deficiencies at the time of application of the Roofing System.

WHAT TO DO IF YOUR ROOF LEAKS:

In the event any leak should occur,

1. Building Owner must notify Metacrylics immediately upon discovery of the leak and in no event later than 30 days after discovery of the leak.

2. In response to this notice,

(i) if the leaks are the responsibility of Metacrylics under this Guarantee (see Coverage, Limitations and Exclusions), Metacrylics will pay for the Metacrylics materials necessary to return the Roofing Systems to a watertight condition, or

(ii) if the leaks are not the responsibility of Metacrylics under this Guarantee, its representatives may, at the Building Owner's request, advise the Building Owner within a reasonable time of the minimum repairs that Metacrylics believes are required to return the Roofing System to a watertight condition, if the Building Owner, at his expense, promptly makes such repairs to the Roofing System this Guarantee will remain in effect for the unexpired portion of its Term. Failure to make these repairs in a timely and reasonable fashion will void any further obligation of Metacrylics under this Guarantee as to the damaged portion of the Roofing System.

3. In the event an emergency condition exists which requires immediate repair to avoid substantial damage to the Building or its contents, then Building Owner may make essential temporary repairs. Metacrylics will reimburse Building Owner for those reasonable materials expenses which would have been Metacrylics's responsibility under the Guarantee but for the emergency condition.

LIMITATIONS AND EXCLUSIONS

This guarantee is not a maintenance agreement or an insurance policy; therefore, routine inspections and maintenance are the Building Owner's responsibility. The Guarantee does not obligate Metacrylics to repair the Roofing System, or any part of the Roofing System, for leaks resulting from (a) natural disasters, (b) misuse, abuse or negligence, (c) installation or material failures other than those involving the component materials expressly defined above as the Roofing System or exposure of the Roofing System components to damaging substances such as oil or solvents or to damaging conditions such as vermin, (d) changes to the Roofing System or the Building's usage that are not preapproved in writing by Metacrylics, (e) failure of the Building substrate (mechanical, structural or otherwise and whether resulting from Building movement, design defects or other causes) or improper drainage (ponded water), (f) or impact of foreign objects., Metacrylics is not responsible for leaks and damage resulting from water entry from any portion of the Building structure not a part of the Roofing System.

Metacrylics shall have no obligation under this Guarantee until all bills for installation, materials, and services have been paid in full to Metacrylics and the Contractor.

To the fullest extent permitted by applicable law, Metacrylics disclaims any implied warranty, including the warranty of merchantability and the warranty of fitness for a particular purpose, or limits such warranty to the duration and to the extent of the express warranty contained in this guarantee.

Metacrylics exclusive responsibility and liability under this guarantee is to make repairs that may be necessary to maintain the roofing system in a watertight condition in accordance with the obligations which are Metacrylics responsibility under this guarantee.

Metacrylics and its affiliates will not be liable for any incidental or consequential damages to the building structure (upon which the roofing system is affixed) or its contents, loss of time or profits or any inconvenience, Metacrylics and its affiliates shall not be liable for any damages which are based upon negligence, breach of warranty, strict liability or any other theory of liability other than the exclusive liability set forth in this guarantee. Incidental and consequential damages shall not be recoverable even if the remedies or the actions provided for herein fail of their purpose.

No one is authorized to change, alter or modify the provisions of this Guarantee other than the Manager, Marketing and Technical Services or this authorized delegate. Metacrylics's delay or failure in enforcing the terms and conditions contained in this Guarantee shall not operate as a waiver of such terms and conditions. This Guarantee is solely for the benefit of the Building Owner identified below and will be transferred by Metacrylics in its sole discretion only after receiving satisfactory information and payment of a transfer fee, which must be delivered to Metacrylics as soon as practical, but no later than 30 days after the date of Building ownership transfer.

Because Metacrylics does not practice Engineering or Architecture, neither the issuance of this Guarantee nor any review of the building's construction or inspection of roof plans (or the Building's roof deck) by Metacrylics representatives shall constitute any warranty by Metacrylics of such plans, specifications and construction or in any way constitute an extension of the terms and conditions of this Guarantee.

Metacrylics is a dba of Instant Asphalt, Inc., a California corporation with its principal mailing address at P.O. Box 5248, San Jose, California 95150-5248.

Phone No: (408) 280-7733 Fax No: (408) 280-6329.

EFFECTIVE DATE AND TRANSFERABILITY:

This Limited Warranty may be transferred in writing during the first ten years of coverage to the first subsequent owner of the building upon which the roof/deck is installed on the condition that Metacrylics receives notice by Registered Mail and a transfer fee of $ 250.00, (Attention: Warranty Transfers, C/O Metacrylics, P.O. Box 5248, San Jose, CA 95150) from the original owner. Lack of proper notification by the original owner will cause warranty expiration.


 


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