The
Roofing
Professionals
Kerr Roofing
387-4779
LIMITED 20 YEAR WORKMANSHIP GUARANTEE FOR ROOFING
Kerr Roofing hereby guarantees, subject to the terms and conditions hereof, that for a period of 20 years, it will at no expense to the OWNER make repairs to leaks resulting from defects in workmanship or materials performed by Kerr Roofing. Kerr Roofing shall within the guarantee period and during normal working hours, inspect and furnish the labor and materials to repair leaks covered under this Limited Guarantee at no cost to the OWNER.
This Guarantee is made under and is subject to the following terms and conditions:
1. In order to obtain performance of any Guarantee obligation, the OWNER must first notify Kerr Roofing of any repairs required under this Guarantee. Notice shall be given to Kerr Roofing in writing promptly after a leak is experienced. Kerr Roofing shall make repairs as soon as practicable after receiving notice from the OWNER, weather permitting.
2. Repairs, alterations or additions to the roof surface made by other than Kerr Roofing shall cancel this Guarantee unless approved in writing by Kerr Roofing.
3. Kerr Roofing shall not be responsible for any leaks caused by:
(a) lightning, gale, hurricane, tornado, hail, windstorm, acid rain, ice storm, thermal shock and other unusual phenomenon of the elements;
(b) other elements of the building, including cracking, unusual movement, settlement, deflection, deterioration or decomposition of the roof deck, fascia, walls or foundation, water entry through points other than the roofing materials installed by Kerr Roofing, whether in existence prior to the time of completion or arising thereafter;
(c) inadequate drainage, slope, ice backup or other conditions beyond the control of Kerr Roofing which cause ponding or standing of water on the roof;
(d) abuse, misuse, accident or negligence by any person other than Kerr Roofing;
(e) damage caused by birds or other animals.
4. Nothing in this Guarantee shall render Kerr Roofing liable in any respect for any damage to the OWNER’S building, or any components or contents thereof, including the roof decking, fascia, insulation and rafters. It is the responsibility of the OWNER to inspect ceilings and overhangs periodically for signs of leakage and to report promptly any such leakage.
Kerr Roofing SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES.
5. Kerr Roofing shall have no obligation pursuant to this Guarantee until all bills for installation, supplies and services in connection with the roofing covered by this guarantee have been paid in full.
6. Kerr Roofing’s obligation to make repairs to leaks during the term of this guarantee is its sole obligation to OWNER. This Guarantee and the Proposal and Contract, of which this Guarantee is a part, constitute the entire agreement between Kerr Roofing and the OWNER and no other representations or agreements pertaining to the work performed by Kerr Roofing have been made. Kerr Roofing shall have no obligation with respect to the roof upon the expiration of the Guarantee Period set forth above.
THIS WARRANTY IS GIVEN AND ACCEPTED IN LIEU OF ALL OTHER LIABILITY OR WARRANTIES ON THE PART OF KERR ROOFING EXPRESSED OR IMPLIED, IN FACT OR IN LAW. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED
7. In the event the OWNER reports leaks which are not covered by this Guarantee, Kerr Roofing will notify the OWNER that the reported leaks are not covered by this Guarantee, provide the OWNER with an estimate to perform repair work if the repairs are of the type normally performed by Kerr Roofing and, if authorized, proceed with repair work as soon as practicable.
8. Any claim alleging any breach of this Guarantee or any other claim against Kerr Roofing shall be resolved in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and must be initiated no later than one (1) year after the claim originated.
IN WITNESS WHEREOF, Kerr Roofing has caused this instrument to be executed by its duly authorized representative on the date of the final invoice for the work subject to this limited guarantee
Kerr Roofing
387-4779
LIMITED 20 YEAR WORKMANSHIP GUARANTEE FOR ROOFING
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