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PRODUCTS
AND PERSONS COVERED
This limited warranty (the "Warranty") covers Double
"A" 7/8" Premium grade Tapersawn Shakes
manufactured by Anglo American Cedar Products Ltd. or an Affiliate (the
"warranted product"). The
warranty may be transferred by the original owner to any other person or
entity (the "transferee") a total of one (1) time, providing the
transfer is made within seven (7) years after the original installation date
of the warranted products. In the
event of such a warranty transfer, any provision or requirement of this
warranty that applies or refers to the original owner shall become applicable
to the transferee. Written
notice to Anglo American Cedar Products Ltd. is required before any
warranty transfer shall become effective.
Anglo American Cedar Products Ltd. reserves the right to modify or
rescind this warranty transferability provision (including the amount of any
warranty transfer fee) at any time.
TERMS
OF LIMITED WARRANTY
Subject to the limitations and exclusions set forth below, Anglo American
Cedar Products Ltd., ("the Company") warrants to the original owner
that the warranted product has been manufactured, inspected and graded in
accordance with UBC 15-3, 15-4, or CSA 0118.1-1988 (the "Standards"
as applicable) and will remain free from leaks caused by original product
defects as described in the Standards for a period of 50 years.
REMEDIES
If a warranted product leaks within the applicable warranty period due to an
original product defect as described in the Standards, the Company shall, upon
receiving a bona fide warranty claim, at its sole election and subject to the
limitations and exclusions set forth below, either (1) furnish replacement
shakes, or (2) refund a pro rata portion (the "pro rata refund") of
the amount the original owner paid for the purchase of the defective shakes
(the "purchase price"). These
remedies are the exclusive and sole remedies available under the Warranty.
In the case of replacement the Company shall be responsible only for the cost
of purchasing replacement shakes (the "replacement costs") up to a
maximum amount equivalent to the amount of any pro rata refund that would be
paid for the same warranty claim. The
original owner shall be responsible for any replacement costs above this
maximum amount, as well as any additional expenditures for labour or
materials, such as tear-off, product removal costs, or the cost of installing,
repairing or replacing venting, metal work, flashings, underlayments,
fasteners or other related materials. In the case of a pro rata refund,
the amount of the refund shall be determined by multiplying the purchase price
by the percentage of the warranty period remaining (determined by dividing the
number of months remaining in the applicable warranty period by the total
number of months in the warranty period) as of the date the Company receives
the warranty claim.
LIMITATIONS
AND EXCLUSIONS
The warranty shall not be effective unless each and every bundle of shakes
applied to the roof carries the identifying label of Anglo American Cedar
Products Ltd. or its Affiliate. The Warranty shall not apply to cedar shakes
installed in Alabama, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana,
Maryland, Mississippi, North Carolina, South Carolina, Texas (in the counties
of Angelina, Austin, Brazos, Chambers, Fort Bend, Galveston, Grives, Hardin,
Harris, Jasper, Jefferson, Orange, Liberty, Montgomery, Newton, Polk, Sabaine,
San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington),
Virginia, and West Virginia, unless they are CCA preservative treated and
warranted by the CCA warranty which is separate from this limited warranty.
THIS
WARRANTY DOES NOT COVER:
1. Improper Installation. Warranted
product's failure due to improper installation or application not in
accordance with the specifications of the manufacturer and those described in
the Uniform Building Code, or the National Building Code as applicable;
2. Tear-Off and Other Costs. Tear-off
(product removal) costs, or the cost of installing, repairing or replacing
ventings, metal work, flashings, underlayments, fasteners or other related
materials;
3. Unapproved Use. Warranted
product that is used for any purpose other than roofing;
4. Extended Risks. Warranted
product failure due to hurricane, tornado, hail, lightning, flood, fire,
explosion, mudslide, earthquake, volcanic eruption, falling objects, aircraft,
vehicles, accidents, riot, civil commotion, war or acts of God;
5. Failure Caused by Other Circumstances.
Warranted product failure caused by settling of the home/building
foundation, warping, distortion, failure of the roof deck or walls, or damages
caused by ventings, metal work, flashings, underlayments, fasteners, or other
materials used in the application of the roof;
6. Neglect. Warranted
product failure caused by neglect, abuse, misuse or improper upkeep and
maintenance;
7.
Improper Handling. Warranted
product failure caused by improper handling, shipment or storage;
8. Improper Maintenance. Warranted
product failure due to build up of moss, leaves, needles, branches, or other
debris or damage resulting from repair or attempted repair by anyone other
than the Company or an authorized representative of the Company;
9. Insects or Animals. Warranted
product failure caused by insects or animals;
10. Improper Ventilation or Drainage.
Warranted product failure caused by improper ventilation or roof
drainage that is not in accordance with FHA standards;
11. Modifications. Warranted
product failure due to repairs or alterations made to the roof or walls after
their original installation;
12. Paints or Coatings. Warranted
product failure or damage caused by paints, coatings or other solutions;
13. Other Products. Warranted
product failure caused by flashings, vents, underlayments, skylights, solar
heating apparatus or other similar installations.
14. Consequential Damage. Any
damage of any kind whatsoever, including damage to the interior or exterior or
the home/building;
15. Factors Beyond the Company's Control.
Warranted product failure caused by factors that are beyond the control
of the Company. The serviceable
life of the warranted product is affected by several factors such as climate
index, quality of installation, maintenance, normal wear and tear,
ventilation, and the type and quality of underlayments.
The Company assumes no responsibility for warranted product failure or
damage caused by these factors.
DISCLAIMER
AND LIMITATION OF LIABILITY
THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, ORAL OR WRITTEN, EXPRESS OR
IMPLIED, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL
WARRANTIES OR REPRESENTATIONS REGARDING ANY SPECIFIC QUALITIES OR
CHARACTERISTICS OF ANY WARRANTED PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY
IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
PERSONAL, OR PROPERTY DAMAGES (INCLUDING DAMAGES TO THE HOME/BUILDING OR ITS
CONTENTS, OCCUPANTS OR INSTALLERS) RESULTING FROM THE WARRANTED PRODUCT OR ITS
INSTALLATION. SOME STATES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. THIS WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM
STATE TO STATE. YOU ARE SOLELY
RESPONSIBLE TO DETERMINE THE DETAILS, REQUIREMENTS, AND APPLICABILITY OF STATE
LEGISLATION AND STATUTES.
WARRANTY
REGISTRATION
The Warranty is effective upon proper warranty registration with the Company
and the issuance of a warranty acknowledgement by the Company to the original
owner. To register the Warranty,
the original owner must submit a completed warranty registration form in the
prescribed form to the Company WITHIN THIRTY (30) DAYS after
installation of the warranted product. Upon
receipt of the complete warranty registration form, together with all
materials required from the installer, the Company will issue a warranty
acknowledgement card to the original owner.
CLAIM
PROCEDURE
To make a claim under the Warranty, the original owner must, WITHIN
THIRTY (30) DAYS after discovery of the alleged defect to which the claim
relates, send a written description of the claim along with copies of the
Warranty Registration form and Warranty Acknowledgement card to:
Anglo
American Cedar Products Ltd.
7160 Beatty Drive
Mission, British Columbia
Canada V2V 6B4
The
Company reserves the right to have a representative inspect the warranted
product that is claimed to be defective under the terms of the Warranty.
Any alteration, removal or repair of material claimed to be defective
prior to settlement of the claim shall bar any right to seek relief under the
Warranty. The Company shall be
entitled to charge a service fee if the alleged defect is not covered by the
Warranty.
GOVERNING
LAW
This Warranty will be interpreted and the rights and remedies of the original
owner determined by the courts of, and in accordance with the laws of the
Province of British Columbia, and the original owner agrees to the
jurisdiction of the courts of such province.
ENTIRE
WARRANTY
This document contains the entire warranty, liability and obligation of the
Company with respect to the warranted product and may not be altered or
modified other than in writing signed by the Company and may not be altered by
any wholesaler, dealer, roofer, contractor, representative or manufacturer.
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