TAMKO GABLE MOUNT - Manual (Page 5)

GABLE MOUNT
TAMKO SOLAR ATTIC VENT
MODEL 31001283
5
Central District 220 West 4th St., Joplin, MO 64801 800-641-4691
Northeast District 4500 Tamko Dr., Frederick, MD 21701 800-368-2055
Southeast District 2300 35th St., Tuscaloosa, AL 35401 800-228-2656
Southwest District 7910 S. Central Exp., Dallas, TX 75216 800-443-1834
Western District 5300 East 43rd Ave., Denver, CO 80216 800-530-8868
Visit Our Web Site at
tamko.com
LIMITED WARRANTY (continued)
5. Costs incurred in transporting any Product
or component parts to and from TAMKO’s
designated dealer or TAMKO in Joplin,
Missouri. Shipping costs will be reimbursed
if a factory defect is discovered in the
Product.
6. Removal or abatement of any asbestos
present in the roof to which the Product or
roofing components are applied, or for any
costs related to such removal or abatement.
7. Damage to the product, insufficient
ventilation or leaks resulting from Acts
of God (including, but without limitation,
lightening, wind, hurricane, tornado, hail,
or other storm), impact or weight of objects
or damage to the Product or 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 Product or shingles are applied, or for
damage by traffic on the roof.
8. Exposure to harmful materials or chemicals
directly applied or in the atmosphere
including, but not limited to salt spray and
acid rain.
9. Damages, insufficient ventilation or
leaks from any cause other than inherent
manufacturing defect in the Product. Non-
Transferability: This limited warranty shall
accrue and inure only to the benefit of the
first consumer purchaser or Owner of the
Product and shall not be assigned, sold
or transferred in any manner whatsoever.
Any assignment, sale or transfer of the
limited warranty or the building to which
the Product is applied shall immediately
terminate all liability of TAMKO for the
Product, all warranties contained herein
or hereunder 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 (EACH AN “ACTION”)
BETWEEN YOU AND TAMKO (INCLUDING
ANY OF TAMKO’S EMPLOYEES AND AGENTS)
RELATING TO OR ARISING OUT OF THE
PRODUCT SHALL BE RESOLVED BY FINALAND
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 ASSOCIATION (WHICH
ARE AVAILABLE ONLINE AT www.adr.org OR
BY CALLING THE AMERICAN ARBITRATION
ASSOCIATION AT 1-800-778- 7879) AND
PROVIDE WRITTEN NOTICE TO TAMKO BY
CERTIFIED MAILAT P.O. BOX 1404, JOPLIN,
MISSOURI 64802-1404 WITHIN THE TIME
PERIOD PRESCRIBED IMMEDIATELY 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: EXCEPT WHERE
PROHIBITED BY LAW THE OBLIGATION
CONTAINED IN THIS LIMITED WARRANTY
IS EXPRESSLY IN LIEU OF ANY OTHER
OBLIGATIONS, GUARANTEES AND
WARRANTIES, EXPRESSED OR IMPLIED,
INCLUDING ANY IMPLIED WARRANTY 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 CONSEQUENTIAL OR INCIDENTAL
DAMAGES OF ANY KIND. SOME STATES
DO NOT ALLOW EXCLUSION OR LIMITATION
OF IMPLIED WARRANTIES OR INCIDENTAL
OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATIONS OR EXCLUSIONS MAY
NOTAPPLY TO YOU. NO ACTION FOR BREACH
OF THIS LIMITED WARRANTY OR ANY OTHER
ACTION 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
CANNOT BE EXCLUDED, ALL SUCH STATUTORY
CLAIMS, IMPLIED WARRANTIES 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 DO NOT ALLOW
LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, SO THE ABOVE LIMITATION
MAY NOTAPPLY TO YOU. THIS LIMITED
WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAYALSO HAVE OTHER
RIGHTS WHICH VARY FROM STATE TO STATE.
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. 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
PRODUCT EXCEPTAS DESCRIBED ABOVE.
THIS FORM IS NOT TO BE COPIED OR
REPRODUCED IN ANY MANNER. THIS TAMKO
LIMITED WARRANTY APPLIES TO TAMKO
SOLAR ATTIC VENTILATOR PRODUCTS
SOLD ON OR AFTER
AUGUST 17, 2010 AND
SUPERSEDES ALL PREVIOUSLY PUBLISHED
WARRANTIES TO THE EXTENT ANY WOULD
APPLY TO THESE PRODUCTS.
IF YOU ARE NOT SATISFIED WITH THE
TERMS AND CONDITIONS OF THIS LIMITED
WARRANTY, RETURN THE UNOPENED
MARKETABLE PRODUCT TO THE ORIGINAL
PLACE OF PURCHASE FOR A REFUND.