TAMKO MetalWorks - Manual (Page 8)

5. Except as set forth in the paragraph titled “30-Year Shingle Finish Limited
Warranty,” variations or natural changes in color, weathering, color fading,
natural efflorescence, lifting, warping, surface cracks, imperfections or other
changes are not covered by this warranty unless they directly cause leaks.
6. Shading, discoloration or damage due to buildup of mildew, moss, algae,
fungus, overhanging trees, leaves, needles, branches or other debris or
damage resulting from repair or attempted repair by anyone other than
TAMKO ® or an authorized TAMKO representative.
7. Leaks or damages resulting from Acts of God (including, but without limitation,
snow, ice, lightning, wind [except as set forth in the Limited Wind Warranty],
hurricane, tornado, hail, or other violent storm or casualty), impact of objects,
damage to the METALWORKS ® Products or to the roof due to settlement,
distortion, failure or cracking of the roof deck, walls or foundation of a building,
or for any defect in or failure of material used as a roof base over which the
METALWORKS Products are applied or of other materials used in the
application of the roof or for damage by traffic on the roof.
8. Damage to the METALWORKS Products as a result of exposure to standing
water, salt spray, salt fog, fumes or chemicals, including, but not limited to,
paints, aliphatic or aromatic solvents, chlorinated hydrocarbons, turpentine, oils,
metals or organic or inorganic polar materials.
9. Leaks or damage to the METALWORKS Products from any cause other than
inherent manufacturing defect.
10. Any METALWORKS Products not used for normal roof applications.
11. Damage caused by improper handling, shipment, or storage, neglect, abuse,
misuse or improper upkeep and maintenance.
12. Damage caused by insects and/or animals.
13. Damage caused by installation, maintenance or use of equipment installed on
the roof, including, but not limited to, air conditioners, heating units, satellite
equipment, antennas, power lines or solar systems.
14. METALWORKS Products that have been painted or whose surface has been
altered in any way after leaving TAMKO’s factory, without prior written
authorization from TAMKO.
15. Damage caused by factors that are beyond the control of TAMKO. The
serviceable life of the METALWORKS Products may be affected by many
factors such as quality of installation, maintenance, normal wear and tear,
ventilation, and the type and quality of the underlayments. These are all factors
beyond TAMKO’s control and for which TAMKO makes no warranty.
Transferability: The Owner may transfer this Limited Warranty one (1) time during
the Term to a purchaser of the building upon which the METALWORKS Products
are installed (a “Purchaser”). The transfer must occur simultaneously with the sale of
the building. To transfer this Limited Warranty, the Owner must provide TAMKO with
written notice within thirty (30) days after the transfer. The written notice must include:
(a) the names of the Owner and the Purchaser, (b) the address of the building upon
which the METALWORKS Products are installed, (c) the date the METALWORKS
Products were installed, (d) the date of the transfer, and (e) a transfer fee of $100.00
in the form of a money order or certified check payable to TAMKO Building Products,
Inc. The Limited Warranty may only be transferred one (1) time. Except for one trans-
fer by the Owner to a Purchaser this Limited Warranty may not be sold, assigned
or transferred in any manner whatsoever. Neither a Purchaser nor any other person
may transfer this Limited Warranty. Except as set forth in this paragraph, any assign-
ment, sale or transfer of this Limited Warranty or the building to which the TAMKO
METALWORKS Products are applied shall immediately terminate all liability of
TAMKO for the METALWORKS Products, all warranties contained herein or hereun-
der and any applicable implied warranties including warranties of merchantability and
fitness for a particular purpose.
MANDATORY BINDING ARBITRATION: EVERY CLAIM, CONTROVERSY
OR DISPUTE OF ANY KIND WHATSOEVER, INCLUDING WHETHER ANY
PARTICULAR MATTER IS SUBJECT TO ARBITRATION (EACH AN “ACTION”)
BETWEEN YOU AND TAMKO (INCLUDING ANY OF TAMKO’S EMPLOYEES
AND AGENTS) RELATING TO OR ARISING OUT OF THE PRODUCTS, SHALL
BE RESOLVED BY FINAL AND BINDING ARBITRATION, REGARDLESS OF
WHETHER THE ACTION SOUNDS IN WARRANTY, CONTRACT, STATUTE OR
ANY OTHER LEGAL OR EQUITABLE THEORY. TO ARBITRATE AN ACTION
AGAINST TAMKO, YOU MUST INITIATE THE ARBITRATION IN ACCORDANCE
WITH THE APPLICABLE RULES OF ARBITRATION OF THE AMERICAN
ARBITRATION ASSOCIATION (WHICH ARE AVAILABLE ONLINE AT
www.adr.org OR BY CALLING THE AMERICAN ARBITRATION ASSOCIATION AT
1-800-778-7879), THE JUDICIAL ARBITRATION AND MEDIATION SERVICE
OR OTHER ARBITRATION SERVICE AGREED TO IN WRITING BY TAMKO,
AND PROVIDE WRITTEN NOTICE TO TAMKO BY CERTIFIED MAIL AT
P.O. BOX 1404, JOPLIN, MISSOURI 64802-1404 WITHIN THE TIME PERIOD
PRESCRIBED BELOW.
ANY ACTION BROUGHT BY YOU AGAINST TAMKO WILL BE ARBITRATED
(OR, IF ARBITRATION OF THE ACTION IS NOT PERMITTED BY LAW,
LITIGATED) INDIVIDUALLY AND YOU WILL NOT CONSOLIDATE, OR SEEK
CLASS TREATMENT FOR, ANY ACTION UNLESS PREVIOUSLY AGREED TO IN
WRITING BY BOTH TAMKO AND YOU.
LEGAL REMEDIES: REMEDIES FOR BREACH OF THIS LIMITED WARRANTY
OR ANY IMPLIED WARRANTY ARE EXCLUSIVE AND REPRESENT THE SOLE
REMEDIES AVAILABLE TO THE OWNER OR ANY OTHER PERSON OR ENTITY,
INCLUDING ANY MORTGAGEE, INSURER, OR OTHER PARTY IN INTEREST.
OBLIGATIONS CONTAINED IN THIS LIMITED WARRANTY ARE EXPRESSLY
IN LIEU OF ANY OTHER OBLIGATIONS, GUARANTEES, WARRANTIES,
AND CONDITIONS EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED
WARRANTY OR CONDITION OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OR LIABILITY
ON THE PART OF TAMKO BUILDING PRODUCTS, INC. IN NO EVENT SHALL
TAMKO BE LIABLE FOR DIRECT OR INDIRECT ECONOMIC DAMAGES, OR
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES OF ANY KIND, INCLUDING
BUT NOT LIMITED TO PERSONAL INJURY (WHETHER TO THE PURCHASER,
OWNER OR THIRD PARTIES), PROPERTY DAMAGE AND/OR LOSS OF
BUSINESS OR PROFIT.
SOME STATES AND PROVINCES DO NOT ALLOW EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO
HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE AND PROVINCE TO
PROVINCE. INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION HEREIN
SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER
PROVISION WHICH SHALL REMAIN IN FULL FORCE AND EFFECT.
ONE YEAR STATUTE OF LIMITATIONS. NO ACTION FOR BREACH OF THIS
LIMITED WARRANTY OR ANY OTHER ACTION AGAINST TAMKO RELATING TO
OR ARISING OUT OF THE PRODUCT, ITS PURCHASE OR THIS TRANSACTION
SHALL BE BROUGHT LATER THAN ONE YEAR AFTER ANY CAUSE OF
ACTION HAS ACCRUED. IN JURISDICTIONS WHERE STATUTORY CLAIMS
OR IMPLIED WARRANTIES AND CONDITIONS CANNOT BE EXCLUDED, ALL
SUCH STATUTORY CLAIMS, IMPLIED WARRANTIES AND CONDITIONS AND
ALL RIGHTS TO BRING ACTIONS FOR BREACH THEREOF EXPIRE ONE YEAR
(OR SUCH LONGER PERIOD OF TIME IF MANDATED BY APPLICABLE LAWS)
AFTER THE DATE OF PURCHASE. SOME STATES AND PROVINCES DO NOT
ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION
LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
NO REPRESENTATIVE, EMPLOYEE OR OTHER AGENT OF TAMKO, OR
ANY PERSON OTHER THAN TAMKO’S PRESIDENT, HAS AUTHORITY TO
ASSUME FOR TAMKO ANY ADDITIONAL LIABILITY OR RESPONSIBILITY IN
CONNECTION WITH THE PRODUCTS EXCEPT AS DESCRIBED HEREIN.
IF YOU ARE NOT SATISFIED WITH THE TERMS AND CONDITIONS OF THIS
LIMITED WARRANTY, RETURN ALL UNINSTALLED MARKETABLE PRODUCTS
TO THE TAMKO AUTHORIZED DEALER WHO ORIGINALLY SOLD YOU THE
PRODUCTS FOR A REFUND ON THE RETURNED PRODUCTS.
THIS LIMITED WARRANTY APPLIES TO PRODUCTS PURCHASED ON OR
AFTER MARCH 22, 2012, TO THE EXTENT ANY WOULD APPLY TO THIS
PRODUCT, AND SUPERSEDES ALL PREVIOUSLY PUBLISHED WARRANTIES
TO THE EXTENT ANY WOULD APPLY TO THIS PRODUCT. THIS FORM IS NOT
TO BE COPIED OR REPRODUCED IN ANY MANNER.
The terms and conditions of the Limited Warranty offered by TAMKO for the
Product may change periodically. The Limited Warranty set forth above was
the effective Limited Warranty offered by TAMKO at the date of printing. ONLY
the Limited Warranty OFFERED by TAMKO at the time of YOUR purchase of
the Product shall apply to your Product. Consult TAMKO’s website at
tamko.com for current Limited Warranty information on the Product.
Installation Instructions: Printed instructions on how to install TAMKO’s
METALWORKS Products are available upon request. Call 1-800-641-4691
or visit one of our web sites at tamko.com or metalworksroof.com.
IMPORTANT: Failure to properly install the METALWORKS Products according to
manufacturer’s application instructions will affect coverage under this Limited Warranty.
4 0 0 0 0 4 7 8
©2013 TAMKO Building Products, Inc.
TAMKO and METALWORKS are registered trademarks of
TAMKO Building Products, Inc.
Kynar 500 is a registered trademark of Arkema, Inc.
Hylar 5000 is a registered trademark of Solvay Solexis, Inc.
50-Year Limited Warranty
P.O. Box 1404
Joplin, MO 64802-1404
1-800-641-4691
tamko.com • metalworksroof.com
01/31/13
JP52221