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 $ 100.00, (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.
