TAMKO MetalWorks - Manual (Page 7)

In this Limited Warranty certain capitalized words have specific meanings:
“Accessories” means METALWORKS ® brand metal roofing accessories sold and
marketed by TAMKO ® for installation with METALWORKS steel shingles.
“Certificate for Replacement METALWORKS Products” means a certificate
issued by TAMKO and redeemable at participating distributors for a stated quantity
of replacement METALWORKS Products of the same type and color as the
METALWORKS Products which are to be replaced. If replacement METALWORKS
Products of the same type or color are no longer available, the certificate will be for
the closest TAMKO substitute available.
“Dollar Limit Per Square” means the original cost of purchase and installation of
properly applied, defective METALWORKS Products calculated as a dollar value for
each one hundred square feet of affected roof area (a “Square”).
“Finish” means the TAMKO METALWORKS Kynar 500
® /Hylar 5000 ® finish.
“Full Start Period” means the initial twenty-five (25) year period of the Term during
which TAMKO’s obligation is not prorated.
“Labor Payment Certificate” means a certificate issued by TAMKO that may
be redeemed to pay the reasonable cost of labor for installing replacement
METALWORKS Products (excluding the cost of tear-off, removal or disposal of any
shingle). The Labor Payment Certificate shall not exceed the original installation cost,
or, if the original installation cost cannot be substantiated by documentary proof,
$100 for each one hundred square feet of roof area to which the METALWORKS
Products are applied.
“Maximum Liability” means the maximum obligation of TAMKO under this Limited
Warranty. TAMKO’s Maximum Obligation is to either: (a) provide the Owner with
(i) a Certificate for Replacement METALWORKS Products, and (ii) a Labor Payment
Certificate that may be used to pay the reasonable cost of installing replacement
METALWORKS Products (subject to the limitations set forth above) if the entire roof
is found to be defective; or (b) in lieu of Certificates, TAMKO may, at its option, pay
to the Owner the Dollar Limit Per Square identified above (or a prorated portion
thereof after the Full Start Period).
“METALWORKS Products” means Metal Accessories and Shingles as those terms
are defined herein.
“Owner” means the Owner of the building at the time the METALWORKS Products
are installed on that building. If you purchase a new residence and are the first
person to occupy the residence, TAMKO will consider you to be the Owner even
though the METALWORKS Products were already installed.
“Purchase” means the retail purchase of the METALWORKS Products.
“Shingle(s)” means the TAMKO METALWORKS steel shingles identified in this
Limited Warranty which were installed on a building owned by the Owner.
“TAMKO” means TAMKO Building Products, Inc.
“Term” means the period of time this Limited Warranty lasts. The Term begins on the
date of Purchase and continues, unless sooner terminated, for a period of fifty (50) years.
Limited Warranty: If METALWORKS Products are determined to have
manufacturing defects which have directly caused leaks: During the Full Start
Period, TAMKO’s obligation under this Limited Warranty shall be the Maximum
Liability, as defined above. There is no proration of either labor or material during the
Full Start Period.
After the Full Start Period, TAMKO’s obligation under this Limited Warranty shall
be a prorated portion of the Maximum Liability, as defined above. Proration shall be
in accordance with the following schedule: During the first twenty-five (25) years of
the term (the Full Start Period) there shall be no proration; during the twenty-sixth
(26th) year TAMKO’s obligation under this Limited Warranty shall be fifty percent
(50%) of the Maximum Liability and shall be reduced by an additional two percent
(2%) of the Maximum Liability at the beginning for each year remaining in the Term.
For example, if TAMKO is notified of a warranty claim during the ninth (9th) year of
the Term, TAMKO’s Maximum Liability shall not be prorated; If TAMKO is notified of a
warranty claim during the thirty-first (31st) year of the Term, TAMKO’s obligation will
be prorated to equal forty percent (40%) of the Maximum Liability.
The remaining cost shall be the responsibility of the Owner.
The extent of replacement is at the sole discretion of TAMKO. Except as expressly
set forth above, TAMKO is not responsible for the cost of labor for installing
replacement shingles. TAMKO is not responsible for the cost of any materials other
than the replacement shingles (as provided herein) including without limitation,
flashings, metal work (other than METALWORKS Products), etc. TAMKO is not
responsible for the cost of removing or disposing of shingles which are to be
replaced. Replacement METALWORKS Products will be warranted only for the
remainder of the original Term. Tender of payment of the prorated Dollar Limit Per
Square shall extinguish all liability of TAMKO under this Limited Warranty and all
applicable implied warranties.
Notification to TAMKO: The Owner must notify TAMKO by certified mail at P.O. Box
1404, Joplin, Missouri 64802 of any claims under this Limited Warranty within thirty
(30) days following discovery of leaks or damage by wind. The notice must include
documentary proof of Purchase. Failure of the Owner to notify TAMKO as provided
herein shall extinguish all liability of TAMKO under this Limited Warranty and all
applicable implied warranties.
Right of Inspection and Claim Processing: TAMKO shall have a reasonable time
after notification to inspect the METALWORKS Products. The Owner shall provide
TAMKO with reasonable access to the METALWORKS Products for purposes
of inspection. If requested by TAMKO, the Owner must complete and deliver to
TAMKO, at the Owner’s expense, a warranty questionnaire, photographs of the roof,
proof of purchase of the METALWORKS Products, an estimate to replace or repair
the affected area and samples of the METALWORKS Products. If reasonable access
is denied or made subject to unreasonable conditions by the Owner, or if the Owner
fails or refuses to cooperate in TAMKO’s investigation of the claim (such as by
failing to provide sample METALWORKS Products [if requested], proof of purchase,
photographs, estimate of a completed warranty questionnaire), TAMKO’s obligation
under this Limited Warranty shall immediately terminate. If TAMKO determines there
are manufacturing defects covered by this Limited Warranty, TAMKO will have up to
ninety (90) days after receipt of notification to process the Owner’s claim. TAMKO
will not be liable for any costs of repair or replacement unless TAMKO has given its
written approval of the repair or replacement of the Shingles and the cost thereof.
30-Year Finish Limited Warranty: The Shingles and color matched Accessories
are also covered by a 30-year* Finish Limited Warranty. If, during the 30-year* period
following installation, the coating on the Shingles or color matched Accessories
(a) cracks, checks or peels (excluding minute fracturing which may occur during
fabrication of Shingles or color matched Accessories); (b) chalks in excess of ASTM
D 4214-89 method D 659 number eight (8) rating; or (c) changes color more than
five (5.0) Hunter
ΔE Units (nine [9.0] Hunter ΔE Units for Brite Red) as determined
by ASTM method D 2244-93, comparing an unexposed panel to an exposed panel
after it has been cleaned of surface soils, contaminants and chalk; then TAMKO, at
its option, will either pay for the labor and material reasonably necessary to repaint,
repair or replace the affected Shingles and color matched Accessories, or process
the Owner’s claim in accordance with the section titled “Limited Warranty.” Fading or
color changes may not be uniform if surfaces are not equally exposed to the sun and
elements. *For Brite Red the limited finish warranty is 20 years.
50-Year Limited Wind Warranty: METALWORKS Products are also covered by
a 50-year Limited Warranty against damage from wind up to 110 miles per hour.
This Limited Wind Warranty applies only if the METALWORKS Products were
installed according to the instructions printed in the applicable installation guide. If
this condition is met and during the Term the METALWORKS Products are damaged
or blown off by wind up to 110 miles per hour as a result of a manufacturing defect,
TAMKO will process the Owner’s claim in accordance with the section titled “Limited
Warranty.” TAMKO shall have no liability under this Limited Wind Warranty if the
METALWORKS Products have been exposed at any time to winds in excess of 110
miles per hour. METALWORKS Products will be conclusively deemed to have been
exposed to winds in excess of 110 miles per hour if the National Weather Service or
other reputable weather agency reports wind in excess of 110 miles per hour in the
county or parish where the METALWORKS Products are installed or in any adjoining
county or parish.
Exclusions from Coverage: TAMKO shall not be liable under any circumstances for:
1. Faulty or improper application of the METALWORKS Products, inadequate roof
deck slope and drainage, faulty or improper building designs, METALWORKS
Products not installed or applied in accordance with TAMKO written instructions
or leaks or damages resulting from any one or more of such causes.
2. Damage to any building, either exterior or interior, or any property contained
therein or for injuries or damages of any kind whatsoever.
3. Tear-off, removal, or disposal of METALWORKS Products, or for any costs
related to such tear-off, removal, or disposal.
4. Removal or abatement of any asbestos present in the roof to which the
METALWORKS Products are applied, or for any costs related to such
removal or abatement.
The Owner may transfer this Limited Warranty one (1) time during
Term to a Purchaser. No other transfers are permitted.
METALWORKS ® Steel Shingles 50-Year Limited Warranty
THIS LIMITED WARRANTY APPLIES ONLY TO PRODUCTS INSTALLED IN THE UNITED STATES AND THE FOLLOWING CANADIAN PROVINCES:
BRITISH COLUMBIA, ALBERTA, ONTARIO, SASKATCHEWAN, MANITOBA, NEW BRUNSWICK AND QUEBEC. ALL PRODUCTS INSTALLED IN
LOCATIONS WHERE THIS LIMITED WARRANTY DOES NOT APPLY ARE SOLD “AS IS” AND WITHOUT WARRANTY OF ANY KIND, INCLUDING
ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
How Long Will Your Shingles Last: It is natural for your roof to age. The process begins as soon as your Shingles are installed and exposed to the harsh elements of
nature. The length of time your Shingles will continue to perform their intended purpose of shedding water will depend on many factors including weather, snow, intensity of
ultra-violet radiation from the sun, pollution , and debris from nearby trees. Because no two buildings experience these and other aging factors in the same way, it is difficult
to accurately predict the period of time your Shingles will last. This Limited Warranty, subject to its terms and conditions, provides you a remedy during the Term (as defined
below) in the event a manufacturing defect causes your Shingles to fail to perform their intended purpose of shedding water.