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

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Is there monetary limitations?<br />

Exclusions from coverage<br />

(See warranty introduction)<br />

Wind coverage/exclusion<br />

Notification requirements<br />

Determination of warranty<br />

applicability<br />

Does issuing entity manufacture<br />

and/or sell shingles?<br />

Specific conditions to make<br />

warranty ineffective or void<br />

(See warranty introduction)<br />

Inclusion of consequential<br />

damages<br />

Assignability<br />

Cost to obtain<br />

Is warranty backed by<br />

insurance coverage?<br />

Is warranty an addition or<br />

exclusive remedy for owner?<br />

Special features/conditions<br />

Executed by owner?<br />

<strong>2005</strong>-<strong>2006</strong> Steep-<strong>slope</strong> <strong>Roofing</strong> Materials Guide 87<br />

For the non-prorated warranty period, Elk’s liability is limited to the reasonable replacement cost of defective<br />

shingles and application labor or providing replacement shingles of similar design or paying the reasonable<br />

cost for repair of the defective shingles. Thereafter, the replacement cost which Elk will pay will be reduced<br />

by the amount of usage received from the shingles.<br />

1, 2, 3, 4, 8, 9, 10, 11, 13, 16, 17, 19, 21, 24. Warranty also excludes damage caused by decking nails or<br />

staples backing out and either perforating or pushing up the shingles.<br />

For the first five (5) years after installation, shingles are warranted against blow-offs in winds up to 110 mph if at<br />

least six (6) properly placed nails and Elk Starter Strip shingles are installed and in winds up to 80 mph if at least<br />

four (4) properly placed fasteners are installed.<br />

Elk’s liability for wind damage is limited to Elk’s obligation to pay the reasonable cost of replacing shingles<br />

that have blown off and the reasonable cost of manually sealing any unsealed shingles which have had<br />

adequate exposure to heat. Elk’s wind warranty is conditioned upon installation of the shingles in accordance<br />

with Elk’s application instructions included with each bundle and thermal sealing of the shingles. Shingles<br />

must be exposed to adequate heat from direct sunlight for sealing to occur.<br />

Written notification of alleged defect with a copy of warranty card and proof of purchase to Elk at one of its<br />

four offices within 30 days after discovery of a problem. Owner may be required to provide samples of<br />

shingles and photographs and other requested <strong>materials</strong> at Owner’s expense.<br />

Decision on which of the stated remedies is provided shall be at Elk’s sole discretion. Within reasonable time<br />

from receipt of the claim, Elk will review claim and may ask for samples and photographs. Elk will make<br />

investigation, including roof top inspection by an Elk employee and laboratory testing of the suspect shingles.<br />

If the investigation reveals manufacturing defects covered by warranty, Elk will provide a settlement within a<br />

reasonable time.<br />

Elk manufactures and sells the shingles.<br />

A, C, E, G<br />

No<br />

Warranty may be transferred during the first 10 years by the original owner to the successor purchaser who<br />

purchases or is otherwise transferred the building or premises on which the shingles were properly installed.<br />

The purchaser or transferee must complete and return a Transfer Notification Card and pay a transfer fee of<br />

$2.00 per square within 30 days after the transfer of the building. The Transferee will have five (5) years of<br />

prorated coverage for <strong>materials</strong> unless the transfer took place within one (1) year of installation, in which case<br />

the Transferee will have the same rights and remedies of the original owner.<br />

None<br />

No<br />

Warranty is the sole and exclusive remedy provided by Elk for manufacturing defects. Warranty is in place of<br />

all others, superseding any prior, contrary or other representations. Buyer waives and releases all other<br />

remedies, claims and rights.<br />

No limited warranty assures that the covered products will last the entire length of the applicable warranty period.<br />

Any claim for shingles which have been replaced prior to Elk’s receipt of written notice, samples and on-site<br />

inspection, constitutes spoilage and will be denied.<br />

Any claim not settled within a reasonable time, as a prerequisite to any litigation, shall be submitted to<br />

mediation before a mediator mutually selected by the parties, or if they are unable to agree, by any federal<br />

district court judge whether or not having jurisdiction on the matter or acting in an official capacity.<br />

Yes; Owner is to sign and submit warranty registration form to Elk at 6200 Zerker Road, Shafter, CA within 30<br />

days after installation has been completed.

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