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Valid
for the United States and Canada
INTRODUCTION
Subject to the terms,
conditions and limitations stated herein,
RPM Roofing, a division of RPM Technologies,
Inc. a Delaware corporation (“RPM”) warrants
to the original building owner of record
upon whose building the RPM Products
(herein defined) are placed (“Owner”)
that RPM Shake, RPM Slate and RPM Mission
roofing tiles (“Roofing Products”) are
free from manufacturing defects at the
time of sale.
RPM further warrants
that its Roofing Products:
(1) will not prematurely
deteriorate because of weathering and
thereby cause leaks for a period of fifty
(50) years from the date of application;
and
(2) will not blow off
or otherwise become damaged by winds
less than 90 mph (confirmed by the National
Weather Service) within the first ten
(10) years after the date of installation.
RPM shall have no liability under this
Limited Wind Warranty if the Roofing
Products have been exposed at any time
to winds in excess of 90 mph. Roofing
Products will be conclusively deemed
to have been exposed to winds in excess
of 90 mph if the National Weather Service
or other reputable weather agency records
wind in excess of 90 mph in the county
where the Roofing Products are installed.
This Limited Material
Warranty does not apply to materials
not sold by RPM, nor does it cover any
labor costs or any other elements of
any construction projects associated
with the installation of our Roofing
Products, unless specifically stated
to the contrary herein. The useful life
of a given Roofing Product may be affected
by many factors, including: the weather
conditions to which it is exposed, the
quality of its installation, the type
and quality of the construction, including
the roof decking and ventilation, and
other factors over which RPM has no control.
This Limited Material
Warranty describes the remedy in the
event the Products are found to have
defects in material or manufacturing
workmanship which cause leaks before
the expiration of the stated warranty
period.
TERMS, CONDITIONS
AND LIMITATIONS
1. The registration
certificate must be completed, signed
by the installing contractor and returned
to RPM within thirty (30) days after
the completion of the installation;
2. To request performance
of any obligation of RPM asserted herein,
the building owner must, within thirty
(30) days from the date Owner discovers
or by reasonable inspection should have
discovered a problem for which RPM may
be responsible, send a written notification
of the alleged defect with a copy of
this warranty and proof of purchase of
the Products to: RPM Roofing, 9981 West
190th St., Suite C, Mokena, Illinois,
60448.
3. RPM shall review
the matter promptly, and within a reasonable
amount of time shall provide an initial
response. RPM may ask for samples of
the Products and/or photographs showing
the extent of the problem. Owner is responsible
for providing these at Owner's expense.
Any claim shall be denied for Roofing
Products that have been replaced prior
to RPM's receipt of written notice and,
at RPM's discretion, an onsite inspection.
If RPM's investigation reveals manufacturing
defects covered by this Limited Material
Warranty, RPM will provide, within a
reasonable period of time, a settlement
in accordance with the conditions of
this document.
4. This Limited Material
Warranty is the sole and exclusive remedy
provided to Owner with regard to the
Roofing Products. To the extent any Roofing
Products actually contain defects in
material or manufacturing workmanship
which affects their performance, RPM
will compensate Owner by either:
(a) paying the reasonable
replacement cost of the affected Roofing
Products, prorated as set forth below;
or
(b) providing free replacement
of the affected Roofing Products, based
on the proration factor set forth below;
or
(c) paying the reasonable
cost for repair of the affected Roofing
Products.
The decision on which
remedy is used shall be at the sole discretion
of RPM. Not withstanding anything herein
to the contrary, RPM shall compensate
Owner or any subsequent Owner only once
during the term hereof as provided in
Subsections (a), (b) and (c) above.
5. In the unlikely event
that premature deterioration of the Products
during the first ten (10) years affects
Owner's entire roof, and RPM determines
that the cause of the problem is in fact
due to manufacturing defects for which
RPM is solely responsible, RPM will provide
Owner with 100% of replacement materials
and pay the reasonable cost of labor
to recover the entire roof.
6. After ten (10) years
from the date of application of the Roofing
Products, however, if RPM chooses to
pay the reasonable replacement cost of
the affected Roofing Products, the amount
RPM will pay will be reduced by the amount
of usage Owner has received from the
affected Products. Thus, RPM will pay
a percentage of the reasonable replacement
cost of the affected Roofing Products.
This percentage will be determined by
dividing the number of months remaining
in the warranty period by 600 (the number
of months in the original warranty period).
The resulting percentage will be multiplied
times the reasonable replacement costs
for the affected shingles. Reasonable
replacement costs relate to originally
supplied materials covered by this Limited
Material Warranty and do not include,
among other costs, costs of tear-off,
dump fees, flashing, metal work, underlayment,
related work or related materials or
labor costs of any kind.
7. This Limited Material
Warranty shall not be applicable for,
and RPM will NOT compensate Owner, if
upon inspection, RPM determines that
damage to the Roofing Products or roof
has resulted from anything other than
an inherent manufacturing defect in the
Roofing Products. Such other causes include,
but are not limited to:
(a) improper installation
of the Roofing Products or application
not in strict accordance with RPM's Installation
Instructions;
(b) improper storage
or handling of the Roofing Products;
(c) impact of foreign
objects or traffic on the roof;
(d) a product not furnished
by RPM is used and fails, causing premature
deterioration of the RPM Roofing Products;
(e) inadequate attic
ventilation or application of the Roofing
Products directly to insulation or to
an insulated deck. (Ventilation must
meet at least FHA Minimum Property Standards.);
(f) Settlement, movement
or defects in the building, walls, foundation
or the roof base over which the Roofing
Product was applied;
(g) deterioration or
failure of building components, over
which RPM has no control, occurs or causes
damage. Such components include, but
are not limited to, the roof deck, metal
roof components, walls, mortar, machinery,
HVAC units or other such items;
(h) damage resulting
from natural disasters, including but
not limited to, earthquakes, hurricanes,
or tornadoes;
(i) acts of Nature,
such as fire, hail, lightning, ice damming,
or winds above 90 mph (confirmed by the
National Weather Service);
(j) being subject at
the time of installation to temperatures
lower than 40 degrees Fahrenheit; or
(k) the Products are
damaged by acts beyond RPM's control,
including, but not limited to, negligence,
accidents or misuse, as well as vandalism,
civil disobedience, acts of terrorism
or acts of war.
8. RPM warrants against
blow-offs, but such warranty:
(a) applies only to
damage from winds up to 90 mph (confirmed
by the National Weather Service). In
no event shall RPM be liable for any
loss or damage due to winds in excess
of the specified 90 mph wind velocity;
(b) is conditioned upon
application of the Products in strict
accordance with RPM's Installation Instructions,
including but not limited to, the use
of approved fasteners and application
at recommended exposures based on roof
pitch; and
(c) shall apply only
during the first ten (10) years after
installation, and is limited to RPM's
obligation to pay the reasonable cost
of replacement shingles that have blown
off and does not cover any labor or other
costs.
9. RPM shall have no
obligation under this Limited Material
Warranty whatsoever unless all bills
and charges for the Roofing Products
have been paid in full.
10. This Limited Material
Warranty may not be transferred or assigned,
directly or indirectly, except for one
transfer as follows:
(a) The Second Owner
must notify RPM in writing within thirty
(30) days after a property transfer from
Owner has occurred for any coverage by
this Limited Material Warranty to be
transferred. To transfer this warranty
to a Second Owner, the original Owner
must send by certified mail the Registration
of Warranty Transfer Form filled out
completely which is part of this Limited
Warranty requesting the transfer, along
with a photocopy of this Limited Material
Warranty. RPM will forward a new Limited
Material Warranty to the Second Owner
which establishes the amount of time
already used under the previous Limited
Material Warranty, and stipulates the
remaining time available under the Limited
Material Warranty.
(b) If the transfer
takes place within the first ten years
after the original application of the
Roofing Products, the Second Owner shall
be entitled to all benefits contained
in this Limited Material Warranty.
(c) If the transfer
takes place more than ten years after
the original application of the Roofing
Products, the length of this Limited
Material Warranty shall be reduced to
the two-year period after the ownership
changes. During this two-year period,
RPM's reimbursement to the Second Owner
will be prorated as set forth above in
Section 5, depending on the remaining
time available under this Limited Material
Warranty.
11. RPM's failure at
any time to enforce any of these terms
or conditions stated herein shall not
be construed to be a waiver of such terms
or conditions.
12. Notwithstanding
anything to the contrary herein, to the
extent that any provision of this Limited
Material Warranty is deemed invalid under
any applicable law, then with regard
to such instances, such provision(s)
shall be of no effect, or, if practicable,
shall be deemed modified to the extent
necessary to comply with such law and
the remaining portions of this Limited
Material Warranty shall not be affected
but shall continue in full force and
effect.
13. THIS LIMITED
MATERIAL WARRANTY SUPERSEDES AND IS
IN LIEU OF ANY AND ALL OTHER WARRANTIES
AND REPRESENTATIONS, WHETHER ORAL OR
IN WRITING. TO THE MAXIMUM EXTENT PERMITTED
BY LAW, THIS LIMITED MATERIAL WARRANTY
EXCLUDES ALL OTHER WARRANTIES AND CONDITIONS,
EXPRESSED OR IMPLIED, ARISING BY OPERATION
OF LAW OR OTHERWISE. NO REPRESENTATIVE
OF RPM HAS AUTHORITY TO MAKE ANY REPRESENTATIONS
OR PROMISES EXCEPT AS STATED HEREIN.
THIS EXCLUSION APPLIES WHETHER OR NOT
THE PURPOSE OR USE HAS BEEN DISCLOSED
TO RPM IN SPECIFICATIONS OR OTHERWISE.
14. THE REMEDIES
STATED HEREIN ARE THE SOLE AND EXCLUSIVE
REMEDIES FOR FAILURE OF RPM SHAKE,
RPM SLATE AND RPM MISSION PRODUCTS.
THERE ARE NO WARRANTIES EITHER EXPRESSED
OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES
OF FITNESS FOR A PARTICULAR PURPOSE
AND MERCHANTABILITY, WHICH EXTEND BEYOND
THE FACE HEREOF. RPM SHALL NOT BE LIABLE
FOR ANY INCIDENTAL, CONSEQUENTIAL OR
OTHER DAMAGES INCLUDING, BUT NOT LIMITED
TO, LOSS OF PROFITS OR DAMAGE TO A
BUILDING OR ITS CONTENTS, BUSINESS
INTERRUPTION, LOSS OF USE OR REVENUE,
COST OF CAPITAL OR LOSS OR DAMAGE TO
PROPERTY OR EQUIPMENT, OR LOSS OF REPUTATION
UNDER ANY THEORY OF LAW WHATSOEVER.
15. NO EMPLOYEE,
AGENT, DEALER, OR OTHER PERSON IS AUTHORIZED
TO GIVE ANY WARRANTY ON RPM'S BEHALF
NOR TO ASSUME FOR RPM ANY OTHER LIABILITY
IN CONNECTION WITH ANY PRODUCTS.
16. BUYER AND
OWNER ASSUME ALL RESPONSIBILITY FOR
ANY LOSS, DAMAGE OR INJURY TO PERSONS
OR PROPERTY ARISING OUT OF, IN CONNECTION
WITH, OR RESULTING FROM THE USE OF
THE PRODUCTS, EITHER ALONE OR IN COMBINATION
WITH OTHER PRODUCTS. FURTHER, BUYER
AND OWNER SHALL INDEMNIFY, DEFEND AND
HOLD RPM HARMLESS FROM ANY LIABILITY
TO BUYER OR OWNER, THEIR EMPLOYEES,
WORKERS, CONTRACTORS, OR ANY OTHER
PERSON ARISING OUT OF BUYER'S OR OWNER'S,
OR ANY OTHER PERSON'S USE OF THE PRODUCTS.
ANY INSTRUCTION OR WARNING SUPPLIED
BY RPM SHALL BE PASSED ON TO THOSE
PERSONS WHO USE THE PRODUCTS WHICH
ARE TO BE USED ONLY IN THEIR RECOMMENDED
APPLICATIONS.
17. NO WARRANTY
IS GIVEN BY RPM WITH RESPECT TO ANY
PRODUCTS, GOODS, APPARATUS, INSTRUMENT,
COMPONENT OR ACCESSORIES NOT PRODUCED
BY RPM.
18. BUYER ACKNOWLEDGES
THAT IT HAS NOT RELIED UPON ANY REPRESENTATION
OF RPM REGARDING THE PRODUCTS OR THEIR
DELIVERY OTHER THAN THOSE REPRESENTATIONS
STATED HEREIN.
19. ANY CLAIM
FOR BREACH OF THIS WARRANTY SHALL BE
DEEMED WAIVED UNLESS SUBMITTED TO RPM
IN WRITING WITHIN THIRTY DAYS FROM
THE DATE OWNER DISCOVERS OR BY REASONABLE
INSPECTION SHOULD HAVE DISCOVERED THE
ALLEGED BREACH. ANY CAUSE OF ACTION
FOR BREACH OF THE FOREGOING WARRANTY
SHALL BE BROUGHT WITHIN ONE (1) YEAR
AFTER THE CAUSE OF ACTION HAS ACCRUED.
ORIGINAL OWNER REGISTRATION
FORM
Registration
of Limited Warranty (for use by Original
Owner): All information must be filled
out legibly to process warranty. Within
30 days of Installation date, mail
to: RPM Roofing, Attn: Warranty Transfer,
RPM Roofing, 9981 West 190th Street,
Suite C, Mokena, IL 60448.
KEEP A COPY
OF THIS ENTIRE LIMITED WARRANTY AND
REGISTRATION FORM FOR YOUR RECORDS
OR A SUBSEQUENT TRANSFER
Contractor's
Name _______________________________________________
Address_________________________________________________________
City
_________________________State________Zip___________________
Contractor's
Signature ____________________________Date
___________
Place
of Purchase _____________City__________State
____Zip _________
RPM Roofing
Tile Type & Color Specify______________________________
Owner _________________________________________________________
Address_________________________________________________________
City
_________________________State________Zip___________________
Owner's
Signature _____________________Date______________________
REGISTRATION
FORM FOR WARRANTY TRANSFER
Registration
of Warranty Transfer (for use by Subsequent
Purchaser): All information must be
filled out legibly to process warranty.
Within 30 days of Real Estate Transfer
date, mail to: RPM Roofing, Attn: Warranty
Transfer, RPM Roofing, 9981 West 190th
Street, Suite C, Mokena, IL 60448.
Original
Owner _________________________________________________
Address_________________________________________________________
Owner's
Signature_______________________________Date
____________
Type
of Product _______________________Install
Date_________________
Real Estate
Transfer Date _________________________________________
2nd
Owner _____________________________________________________
Home
Phone ______________________Work Phone
__________________
2nd
Owner's Signature ________________________Date______________
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