RIDGLASS®
LIMITED WARRANTY
RGM PRODUCTS,
whichever entity is the manufacturer (RGM Products) warrants
to the person who owns a house or other residential or commercial building
or premises when Ridglass® High Profile Hip and Ridge, RGM Products
hip and ridge shingles (Shingles) are purchased and installed
on that building or premises (Original Owner) and any Authorized
Transferee (as defined below) that the Shingles (1) are free from defects
in materials or manufacturing workmanship that would adversely affect
the performance of the Shingles and (2) will be resistant to blow-offs
in winds up to 70 miles per hour during the first five (5) years after
installation.
This Limited
Warranty commences at the completion of the proper installation of the
Shingles and continues only for a period of equal length to the remaining
warranty period applicable to the primary roofing shingles (Field
Shingles) installed on the sloped surfaces of the same building
or premises on which the Shingles are installed, up to a maximum of
fifty (50) years. If such Field Shingles carry no limited warranty or
a warranty of a duration that RGM Products cannot determine in good
faith, then the warranty period under this Limited Warranty is twenty-five
(25) years.
If this
Limited Warranty is transferred to an Authorized Transferee after the
first anniversary of completion of the original installation of the
Shingles, notwithstanding the above, the warranty period will expire
on the fifth anniversary of the date of transfer to the Authorized Transferee
of the building or premises on which the Shingles were installed and
will be prorated and limited as described below, and the Limited Wind
Warranty, if applicable and still in effect, will expire on the fifth
anniversary of the original installation of the Shingles.
The useful
life of a given shingle may be affected by many factors, including:
the weather conditions to which it is exposed; the quality of its installation;
the type and quality of the construction, including the roof decking
and ventilation; and other factors over which RGM Products has no control.
This Limited Warranty describes your remedy in the event your Shingles
are found to have defects in material or manufacturing workmanship which
affect performance before the expiration of the applicable warranty
period. No limited warranty assures that the covered products will last
the entire length of the applicable warranty period.
LIMITATIONS
OF REMEDIES AND LIABILITY: This Limited Warranty is the sole and
exclusive remedy provided by RGM Products for Shingles containing manufacturing
defects affecting performance. For warranty claims of Original Owners,
to the extent of those Shingles that actually manifest defects in material
or manufacturing workmanship which affect performance during the applicable
warranty period stated above, RGM Products shall either: (1) pay the
reasonable replacement cost of defective Shingles and the reasonable
cost of necessary application labor for such Shingles, prorated after
the remainder of any non-prorated warranty period applicable to the
Field Shingles up to a maximum of five (5) years; or (2) provide replacement
Shingles only or pay the reasonable cost for replacement hip and ridge
shingles of a similar design; or (3) pay the reasonable cost for repair
of the defective Shingles. For warranty claims of Authorized Transferees,
to the extent of those Shingles that actually manifest defects in material
or manufacturing workmanship which affect performance during the applicable
five (5) year post-transfer warranty period stated above, RGM Products
shall either: (1) pay the reasonable replacement cost of defective Shingles,
or hip and ridge shingles of a similar design, without application labor,
prorated from the date of transfer as set forth below; or (2) pay the
reasonable cost for repair of the defective Shingles.
The decision
on which of the stated remedies is provided to an Original Owner or
Authorized Transferee in each individual case shall be at the sole discretion
of RGM Products. After the applicable remaining non-prorated warranty
period, if any, the replacement cost which RGM Products will pay to
an Original Owner will be reduced by the amount of usage received from
the Shingles; in that event, RGM Products will pay a prorated percentage
of the applicable reasonable replacement cost of the Shingles and necessary
application labor described above, which will be calculated by dividing
the number of months remaining in the Shingles warranty period
by the number of months remaining in the warranty period of the Field
Shingles when the Shingles were first installed, up to a maximum of
fifty (50) years. The amount that RGM Products will pay to an Authorized
Transferee also will be reduced by the amount of usage received from
the Shingles, but in this case the applicable prorated reasonable cost
will be calculated by dividing the number of months remaining in the
five-year post-transfer warranty period by sixty months. If providing
replacement hip and ridge shingles, RGM Products, wherever possible,
shall replace Shingles with hip and ridge shingles of the same color
and design. However, since color variations exist between hip and ridge
shingles manufactured at different times and since RGM Products may
discontinue or modify its hip and ridge shingles, RGM Products reserves
the right to replace defective Shingles with hip and ridge shingles
of similar color and/or design. The application labor covered by this
Limited Warranty does not include costs for tear-off, dump fees, flashing,
metal work, roofing shingles other than hip and ridge shingles, underlayment,
or related work.
THIS LIMITED
WARRANTY IS EXCLUSIVE AND LIMITS AS TO DURATION ANY OTHER WARRANTIES
WHETHER EXPRESS OR IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTIES
OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE TIME
PERIOD STATED ABOVE. RGM PRODUCTS MAKES NO REPRESENTATION OR WARRANTY
OF ANY KIND, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN, AND NO
PERSON IS AUTHORIZED TO ALTER THIS LIMITED WARRANTY EITHER ORALLY OR
IN WRITING.
RGM PRODUCTS
SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR OTHER
DAMAGES, INCLUDING ATTORNEYS FEES. RGM PRODUCTS SHALL NOT BE LIABLE
BASED UPON ANY THEORY OF LIABILITY, INCLUDING WITHOUT LIMITATION NEGLIGENCE,
BREACH OF WARRANTY, STRICT LIABILITY, PRODUCTS LIABILITY OR ANY OTHER
THEORY, OTHER THAN THE LIMITED WARRANTY SET FORTH HEREIN.
SOME STATES
MAY NOT ALLOW CERTAIN LIMITATIONS ON IMPLIED WARRANTIES, THE EXCLUSION
OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR THEORIES OF
LIABILITY, SO SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS
LIMITED WARRANTY GIVES THE ORIGINAL OWNER AND ANY AUTHORIZED TRANSFEREE
SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM
STATE TO STATE. IF ANY PROVISION OF THIS LIMITED WARRANTY IS INVALID,
VOID OR UNENFORCEABLE IN ANY INSTANCE OR RESPECT, THE UNENFORCEABLE
PROVISION WILL BE SEVERED AND REFORMED TO EFFECT THE INTENT OF THIS
LIMITED WARRANTY TO THE MAXIMUM EXTENT POSSIBLE, AND THE REMAINING PROVISIONS
OF THIS LIMITED WARRANTY SHALL NEVERTHELESS CONTINUE IN FULL FORCE AND
EFFECT WITHOUT BEING IMPAIRED OR INVALIDATED AND SHALL BE ENFORCED TO
THE FULL EXTENT PERMITTED BY LAW.
LIMITED
WIND WARRANTY: RGM Products Limited Wind Warranty against
blow-offs is subject to each of the following conditions or limitations:
The Limited
Wind Warranty applies only to damage from winds up to 70 miles per hour,
so in no event shall RGM Products be liable for any loss or damage due
to winds in excess of the specified 70 miles per hour wind velocity.
The Limited
Wind Warranty is conditioned upon installation of the Shingles in accordance
with RGM Products application instructions as printed on the Shingle
wrapper and in the case of RGM Products hip and ridge shingles
with a factory applied sealant, thermal sealing of the Shingles. In
order for such sealing to occur, the Shingles must be exposed to adequate
heat from direct sunlight.
The Limited
Wind Warranty shall apply only during the first five (5) years after
installation of the Shingles, and RGM Products liability for any
breach of the Limited Wind Warranty is limited to RGM Products
obligation to pay the reasonable cost of replacing Shingles that have
blown off, including, only in the case of an Original Owner, the cost
of reasonable application labor, and in the case of self-sealing Shingles,
the reasonable cost of manually sealing any unsealed Shingles which
have had adequate exposure to heat.
WHAT
IS NOT COVERED: RGM Products shall not be liable for, and this Limited
Warranty does not apply to, any damages to the Shingles or any other
property from any cause other than the specific defects in materials
or manufacturing workmanship defined in the Limited Warranty. The causes
not covered by this Limited Warranty include, without limitation, damage
to the Shingles caused by: (a) fire, casualty or acts of God, such as
hailstorms, hurricanes, tornadoes or other severe windstorms; (b) any
distortion or movement of the roof deck, walls, or foundation of the
building; (c) installation of the Shingles not conforming with the instructions
printed on the Shingle wrapper; (d) any exposure to or application of
paints or of any improper cleaning solutions, coatings, harsh airborne
or liquid chemicals or modifications of any kind; (e) traffic (walking
on the roof), misuse, neglect, or improper handling or use of the Shingles
before, during or after installation; (f) decking nails or staples backing
out and either perforating or pushing up the Shingles; (g) improper
ventilation or drainage; (h) improper handling or storage of the Shingles
by parties other than RGM Products, including from excessive exposure
to impact, heat or moisture prior to application; (i) the failure to
seal of Ridglass due to insufficient heat exposure or direct sunlight;
or (j) damage to the Shingles caused by blow-offs of Field Shingles
on the same roof. Further, this Limited Warranty does not cover (a)
distortion in the color of Shingles within a batch and/or between batches
which may occur from the positioning of the granular surfacing material
used on the Shingles, or (b) claims by owners or transferees not qualifying
as Original Owners or Authorized Transferees under this Limited Warranty.
HOW
TO TRANSFER THIS LIMITED WARRANTY: During the first one hundred
twenty
(120) months after original purchase and installation of the Shingles,
this Limited Warranty, if still in effect, may be transferred by the
Original Owner to the next successor purchaser or transferee who purchases
or is otherwise transferred the building or premises on which the Shingles
were properly installed. Such purchaser or transferee must complete
and return the attached Transfer Notification Card along with a fifty
dollar ($50) transfer fee within thirty (30) days after transfer of
the building or premises on which the Shingles are installed; upon RGM
Products receipt of the Transfer Notification Card and fee in
accordance with this paragraph, such purchaser or transferee will become
an Authorized Transferee for purposes of this Limited Warranty.
An Authorized Transferee will have the rights and remedies made applicable
to Authorized Transferees in this Limited Warranty. If a transferee
receives a transfer of this Limited Warranty on or before the first
anniversary of completion of the original installation of the Shingles,
such transferee is considered an Original Owner under this Limited Warranty.
HOW
TO MAKE A CLAIM: To request performance of any obligation asserted
under this Limited Warranty, you should, within thirty (30) days of
discovery of a problem, send written notification of the alleged defect
with a copy of your warranty card, proof of purchase of the Shingles,
and proof of purchase of the Field Shingles to:
RGM Products
at 3441 South Willow Avenue, Fresno, CA 93725
HOW
CLAIM WILL BE HANDLED: Within a reasonable period of time from receipt
of the claim, copy of warranty card and proof of purchase of both the
Shingles and the Field Shingles installed on your roof, RGM Products
will review your letter and may ask for samples of the Shingles, such
other shingles, and photographs showing the extent of the problem. You
are responsible for providing these items, and any other materials reasonably
requested, at your expense. You must allow reasonable time for investigation,
including roof top inspection by an RGM Products employee and laboratory
testing of the suspect Shingles. ANY CLAIM FOR SHINGLES WHICH HAVE BEEN
REPLACED PRIOR TO RGM PRODUCTS RECEIPT OF WRITTEN NOTICE, SAMPLES,
AND ON-SITE INSPECTION CONSTITUTES SPOLIATION AND WILL BE DENIED. If
the investigation reveals manufacturing defects covered by this Limited
Warranty, RGM Products will provide, within a reasonable period of time,
a settlement in accordance with the conditions of the Limited Warranty.
ANY CLAIM
RELATING TO SHINGLES IF NOT SETTLED BY RGM PRODUCTS AND THE CLAIMANT
WITHIN A REASONABLE TIME, AS A REQUIRED PREREQUISITE TO ANY LITIGATION,
SHALL BE SUBMITTED FOR SETTLEMENT TO MEDIATION BEFORE A MEDIATOR MUTUALLY
SELECTED BY THE PARTIES, OR IF THEY ARE UNABLE TO AGREE, BY ANY FEDERAL
DISTRICT JUDGE WHETHER OR NOT HAVING JURISDICTION OF THE MATTER OR ACTING
IN AN OFFICIAL CAPACITY.
THIS LIMITED
WARRANTY IS A TERM AND CONDITION OF EACH SALE OF SHINGLES AND BINDING
UPON EACH ORIGINAL OWNER, AUTHORIZED TRANSFEREE, AND OTHER TRANSFEREE
OF SHINGLES OR ANY BUILDING OR PREMISES UPON WHICH SHINGLES HAVE BEEN
INSTALLED.
EFFECTIVE
DATE: THIS LIMITED WARRANTY IS EFFECTIVE FOR ALL RIDGLASS SOLD AFTER:
January 1, 2006 in the United States and the provinces of Alberta and
British Columbia in Canada.