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.
