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

7
8
9
10
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Is there monetary limitations?
Exclusions from coverage
(See warranty introduction)
Wind coverage/exclusion
Notification requirements
Determination of warranty
applicability
Does issuing entity manufacture
and/or sell shingles?
Specific conditions to make
warranty ineffective or void
(See warranty introduction)
Inclusion of consequential
damages
Assignability
Cost to obtain
Is warranty backed by
insurance coverage?
Is warranty an addition or
exclusive remedy for owner?
Special features/conditions
Executed by owner?
2005-2006 Steep-slope Roofing Materials Guide 97
For the initial non-prorated period, Malarkey's maximum liability shall be $35/square for Highlander-CS,
$45/square for Northwest-XL, $60/square for Legacy, and $65/square for Legacy w/AB, plus reasonable
installation costs as defined by R S Means.
After the non-prorated period, Malarkey's maximum liability shall be $35/square for Highlander-CS,
$45/square for Northwest-XL, $60/square for Legacy, and $65/square for Legacy w/AB for plus reasonable
installation costs as defined by R S Means, less a percentage based on the number of months elapsed in the
warranty period divided by the number of months on the warranty period, less all sums previously paid under
this warranty.
1, 4, 5, 6, 7, 8, 9, 10, 13, 16, 19, 23
Malarkey warrants that for up to five years from the date of installation, Highlander-CS will resist damage from winds of
up to 70 mph; Northwest-XL will resist damage from winds up to 80 mph; and Legacy and Legacy w/AB will resist
damage from winds up to 100 mph.
Malarkey’s wind warrant applies only if the shingles are sealed, whether by hand sealing or by activation of self-sealing
strips. Mlalarkey’s liability is, at its option, to repair or replace the defective shingles or to pay to the owner an amount
not exceeding amounts stated above (Item 7) plus reasonable installation costs. No amount shall be paid for removal
or disposal of damaged shingles. In high wind areas as listed by the National Weather Service, shingles should be
attached using six (6) nails as per Malarkey’s printed instructions.
All shingles which contain a factory applied self-sealing strip must be subjected to sunlight for several days before full
sealing will occur. Shingles installed in the fall or winter may not seal until the following spring; consequently, the
shingles should be hand sealed. Shingles which do not receive direct sunlight or which are not exposed to adequate
surface temperature may never seal. This is the nature of shingles and failure to seal down under such circumstances
is not a manufacturing defect. If any self-sealing shingles t hat have been exposed to adequate temperatures and
direct sunlight fail to activate the self-sealing strips during the first year after application, Malarkey will have no liability
under this warranty for such defects unless proper written notification has bee made and Malarkey has been allowed
the opportunity to hand seal any non-sealed shingles at its own expense.
Claims shall be made in writing, by certified or registered mail, within 30 days of discovery, and prior to any
repairs being made and accompanied by proof of purchase.
Malarkey verifies that shingles are defective.
Malarkey manufactures and sells the shingles.
C, G, I
No
Warranty may be transferred to a subsequent owner, within 3 (Highlander-CS), 5 (Northwest-XL) or 10 years
(Legacy, Legacy w/AB) of initial application by notifying Malarkey in writing within 30 days from the date of
change in title of the property. If Malarkey is not notified of the transfer, the warranty shall not transfer and
Malarkey will have no further liability. Once the warranty transfer has taken place, the new owner=s warranty
shall be for 10 years from the date of transfer. The notification to Malarkey must include (1) name and
address of the current holder of the warranty, (2) date of original completed installation, (3) proof of purchase
of the shingles, (4) the address where the shingles are installed, (5) the name and address of the new owner,
and (6) the date of title transfer of the property.
None
No
Warranties are the only express warranties made by Malarkey in connection with the sale of its product. No
person is authorized to alter these limited warranties either orally or in writing.
In lieu of accepting the Malarkey warranty, the consumer can chose another manufacturer=s warranty
coverage applicable to the comparable product manufactured by the selected manufacturer. The consumer
can select warranties offered by Atlas, Certain- Teed, Elk, Emco, GAF, IKO, Owens Corning and Pabco by
filling out and sending the Warranty Selection and Activation form to Malarkey Roofing, Warranty Activation
Service, P.O. Box 17217, Portland, OR 97217, within 30 days of installation of shingles. Within 10 business
days of receipt, Malarkey will send confirmation of warranty selection and activation. Malarkey is to be
provided with samples before any steps are taken to repair the roof. Any repairs made prior to or during the
investigation period without Malarkey's prior written approval will be at Owner's expense.
Yes; warranty will not be valid unless the Owner completes the warranty selection and activation form and
returns it to Malarkey Roofing, P.O. Box 17217, Portland, Oregon 97217-0217, within 30 days of installation.
Failure to comply shall void all warranties and the product shall be sold as is and without warranty.