2005-2006 steep-slope roofing materials guide - National Roofing ...

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Commercial Code (UCC). UCC, as adopted in most states, provides that a warranty is implied in a contract for the sale of goods and that the goods shall be merchantable if the seller is a merchant of goods of that kind. To be merchantable, goods must be fit as least for the ordinary purposes for which such goods are used, must conform to the promise or affirmations made on the container or label, and must pass without objection in the trade under the contract description. An implied warranty of fitness for particular purpose is created under UCC when the seller at the time of contracting has reason to know any particular purpose for which the goods are required and that the buyer is relying on the seller’s skill or judgment to select or furnish suitable goods. In addition to those implied warranties, UCC provides that express warranties are created when the seller (1) makes an affirmation of fact or promise to the buyer that relates to the goods and becomes a part of the basis of the bargain; (2) gives a description of the goods that is made part of the basis of the bargain; (3) provides a sample or model of the goods that is made a part of the basis of the program. UCC implied warranties may be excluded in accordance with the requirements set forth in the Uniform Commercial Code. In addition to seeking to make the warranty an exclusive warranty, a manufacturer’s warranty may seek to limit the other remedies that the law would otherwise make available to a claimant. A warranty that states it is the owner’s exclusive remedy might limit the claimant’s right to the terms of the warranty and preclude a claim based on another legal theory of liability. Some warranty documents state the remedy provided in the warranty is the owner’s “sole and exclusive remedy” and is the manufacturer’s sole liability and obligation in the event of a roof problem regardless of whether the owner might otherwise be entitled to pursue a legal claim for breach of contract, negligence or another legal theory of recovery. The purpose of the category, “Exclusive or Additional Remedy,” is to give users an indication as to how the manufacturer’s warranty may affect other warranties and remedies that may be available to an owner. The entry exclude UCC warranties in this category means it appears the warranty 2005-2006 Steep-slope Roofing Materials Guide 21 document complies with UCC requirements to exclude warranties established under the Uniform Commercial Code. 19. Special features/conditions: This category provides relatively unique or unusual features, conditions or limitations. This category is generally based on the warranty document itself but sometimes may be based on information supplied by the manufacturer. 20. Executed by owner: This category indicates whether the manufacturer’s warranty form states on its face it is to be signed by the owner. Requiring the roofing warranty to be executed by the owner makes it more likely he will be bound to the terms and conditions set forth in the document in the event a question subsequently arises as to whether the owner agreed to the terms and conditions of the warranty.
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Page 2 and 3: 2005-2006 STEEP-SLOPE ROOFING MATER
Page 4 and 5: Table of Contents Steep-slope Roofi
Page 6 and 7: Introduction The National Roofing C
Page 8 and 9: General Index Asphalt Shingles Asph
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Asphalt Shingles, Part 2 ― Techni
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Asphalt Shingles, Part 3 ― Warran
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Manufacturers Appendix, Asphalt Shi
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Owens Corning Owens Corning roof sy
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Information About Section 2: Fiber-
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Fiber-cement Products, Part 1 ― G
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Manufacturers Appendix, Fiber-cemen
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National Roofing Contractors Associ
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12. Manufacturing plant locations 1
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Clay Tile, Part 1 ― General Infor
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Concrete Tile, Part 1 ― General I
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Concrete Tile, Part 1 ― General I
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Concrete Tile, Part 2 ― Technical
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Concrete Tile, Part 2 ― Technical
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Manufacturers Appendix, Clay and Co
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Information About Section 4: Metal
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Index to Metal Panels Metal Panels
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Metal Panels 2005-2006 Steep-slope
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2005-2006 Steep-slope Roofing Mater
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Wood Shakes and Shingles 2005-2006
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Manufacturers Appendix, Wood Shakes
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Information About Section 6: Slate
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Index to Slate Slate 2005-2006 Stee
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Slate 2005-06 Steep-slope Roofing M
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Manufacturers Appendix, Slate Everg
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2005-2006 Steep-slope Roofing Mater
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Underlayment Sheets 2005-2006 Steep
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Manufacturers Appendix, Underlaymen
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Information About Section 8: Incomp
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