! j I I - National Roofing Contractors Association

ed'laimant under state statutory or common law. In addition 11. Detennination of Warranty Applicability Some warranty0 providing an owner with specific rights, warranty docu. and guarantee documents state explicity that the manufac.ents are frequently used as a liability-limiting device so that turer has the right to determine whether a leak is coveredhe liability of the party issuing the warranty is limited to what or excluded from the coverage of the warranty, If the entry~,. 's prescribed in the warranty document. If the warranty docu. under this heading states "manufacturer's determination,"ent states that it is an exclusive warranty and is issued in then the manufacturer reserves to itself in the warranty or,1ieu of all other warranties, then the owner or claimant may guarantee document the right to determine whether a leaknot be entitled to seek recovery from the manufacturer based is covered or excluded from warranty coverage, Under theseIon the breach of any other warranties, express or implied, circumstances, the manufacturer's determination, even ifThe manufacturer's warranty may exclude or seek to ex- other parties disagree or if the manufacturer's opinion mayclude the implied and express warranties established by the not be correct, may be binding, even if erroneous, as longUniform Commercial Code (UCC). The UCC, as adopted in as the manufacturer's determination was made in good faith,most states, provides that a warranty that the goods shall be When the warranty listing under this heading states "neumerchantableis implied in a contract for their sale if the seller tral (no provision)," the manufacturer's warranty does notis a merchant with respect to goods of that kind, Goods to contain an explicit provision giving the manufacturer thebe merchantable must at least be fit for the ordinary pur- right to determine whether the warranty is or is not applicaposesfor which such goods are used, conform to the promises ble to a problem,or affirmations of fact made on the container or label, and In the event of a dispute concerning the warranty's applicapasswithout objection in the trade under the contract des- bility, a neutral party would ultimately decide whether thecription. An implied warranty of fitness for particular pur- warranty is applicable when the warranty document itself didposes is created under the UCC when the seller at the time not explicity state who determines the warranty's applicability,of contracting has reason to know any particular purpose for 12 S cifi Ex 1 . F C M t fi. , ,'. pe lC C USlons rom overage os roo mg war-WhICh the goods are requIred and that the buyer IS relymg, "h II ' k ' il ' d I f ' h . bl rantles state that leaks resultIng from certam enumeratedon t e se er s s 1 or Ju gment to se ect or urnIs sulta e , ,od causes (e.g., natural dIsaster, tornadoes, abuse or misuse,I s'dd " h ' I ' d ' h UCC ' d damage by structural failure, damage resulting from lack ofgOn a ItIon to t ese Imp Ie warrantIes t e provi es "h ded h' h II adequate dramage) will not be covered under the warranty,'t at expresse warrantIes are creat w en t e se er: .",1 M k ffi ' f £: ' h b h Under this headmg, the specific exclusion from coverage stat-. a es an a IrmatIon 0 lact or promise to t e uyer t at d ' h £: ,, e m t e manUlacturer s warran ty or guaran t ee d ocumen trelates to the goods and becomes a part of the basIs of the ' d ' d b ., h b d ' d 'b ' are m Icate y relerence to t e num ere m ex provi dedarg.am; " , below. When reviewing this heading, the reader needs to refer2. b GI*S ' a descriptIon of the goods that IS made part of the h ' " I d f S .fi II E t d Ex I ' frf h b . to t IS n ex 0 peci Ica y numera e c us Ions omaSIS 0 t e argam; C " I h b I ' d d h '3 P d I od I f h d h . d overage to corre ate t e num ers Iste un er t IS' hea d-. rOVI es a samp e or m e 0 t e goo stat IS ma ea., , , , .f h b . f h b ' mg WIth a specIfic conditIon or o