| Effective: October 15, 2004
ELK CORPORATION OF ALABAMA or ELK CORPORATION
OF TEXAS, whichever entity is the manufacturer ("ELK"),
warrants to the person who owns a house or other residential or
commercial building or premises when ELK ASPHALT 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; (2) will be resistant to blow-offs in wind velocities
up to the maximum velocities and for the applicable limited wind
warranty period stated below; and (3) when manufactured with StainGuard®
treatment, will inhibit the discoloration of roofing granules
caused by growth of algae for the first ten (10) years after installation.
LIMITED WARRANTY PERIODS AND MAXIMUM WIND
VELOCITIES: This Limited Warranty commences at the completion
of the proper original installation of the Shingles and continues
only for the applicable limited warranty periods and up to the
maximum wind velocities described below.
|
Types
of Shingles |
Limited
Warranty Period
Non-Prorated Umbrella Coverage Period* |
Limited
Wind Warranty Period
Maximum Wind Velocity |
StainGuard
Limited Warranty Period |
| Prestique®
Plus High Definition® |
50
Years
7 Years†/ 5 Years |
5
Years
110 MPH** / 80 MPH*** |
None |
| Prestique
Plus High Definition with StainGuard® |
50
Years
7 Years†/ 5 Years |
5
Years
110 MPH** / 80 MPH*** |
10
Years |
| Prestique
Gallery Collection™ |
50
Years
7 Years†/ 5 Years |
5
Years
110 MPH** / 80 MPH*** |
None |
| Prestique
Gallery Collection with StainGuard |
50
Years
7 Years†/ 5 Years |
5
Years
110 MPH** / 80 MPH*** |
10
Years |
| Prestique
Grandé High Definition |
Click Here for Warranty Details
|
|
|
| Prestique
Grandé High Definition with StainGuard |
Click Here for Warranty Details |
|
|
| Prestique
I High Definition |
40
Years
7 Years†/ 5 Years |
5
Years
90 MPH** / 80 MPH*** |
None |
| Prestique
I High Definition with StainGuard |
40
Years
7 Years†/ 5 Years |
5
Years
90 MPH** / 80 MPH*** |
10
Years |
| Prestique
Cool Color Series |
40
Years
7 Years†/ 5 Years |
5
Years
90 MPH** / 80 MPH*** |
10
Years |
| Prestique
High Definition |
30
Years
7 Years†/ 5 Years |
5
Years
80 MPH |
None |
| Prestique
High Definition with StainGuard |
30
Years
7 Years†/ 5 Years |
5
Years
80 MPH |
10
Years |
| Raised
Profile™ |
30
Years
7 Years†/ 5 Years |
5
Years
70 MPH |
None |
| Raised
Profile with StainGuard |
30
Years
7 Years†/ 5 Years |
5
Years
70 MPH |
10
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 table, the limited 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.
In that event, the StainGuard Limited Warranty, if applicable
and still in effect, will expire on the earlier of (i) the fifth
anniversary of the date of transfer or (ii) the tenth anniversary
of the original installation.
** For a Limited Wind Warranty up to 110
MPH for Prestique Gallery Collection or Prestique Plus, or 90
MPH for Prestique I, at least six
(6) properly placed NAILS and Elk Starter Strip shingles are required.
See application instructions printed on the Shingle wrapper.
*** All Limited Wind Warranties require
the installer to follow the application instructions printed on
the Shingle wrapper.
† The seven-year non-prorated Umbrella Coverage Period applies
only when a full Elk roof system is installed with the original
installation of the Shingles, all in accordance with Elk's application
instructions for such products. A full Elk roof system includes
Elk Hip and Ridge shingles on all hips and ridges, Elk Starter
Strip along all rake and eave edges, an Elk ventilation system,
and Elk All-Climate Self Adhering Underlayment in all valleys.
Additionally, Elk All-Climate Self-Adhering Underlayment is required
along the rake and eave edges of the roof in and north of the
states of VA, KY, MO, KS, CO, UT, NV, & OR.
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 ELK 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 ELK for Shingles containing manufacturing defects. 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 limited warranty
period stated above, ELK will either: (1) pay the reasonable replacement
cost of defective Shingles and the reasonable cost of necessary
application labor for such shingles, prorated after five years/seven
years† from installation as set forth below; or (2) provide
replacement shingles only or pay the reasonable cost for replacement
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 limited warranty period stated
above, ELK shall either: (1) pay the reasonable replacement cost
of defective Shingles, without application labor, prorated from
the date of transfer as set forth below; or (2) pay the reasonable
cost for replacement shingles of a similar design, without application
labor, prorated from the date of transfer as set forth below;
or (3) 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 ELK. If proration applies,
as stated above, the amount that ELK will pay to an Original Owner
will be reduced by the amount of usage received from the Shingles;
in that event, ELK will pay a prorated percentage of the applicable
reasonable cost described above, which will be calculated by dividing
the number of months remaining in the limited warranty period
by the number of months in the original limited warranty period.
The amount that ELK 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 shingles, ELK, wherever possible, shall replace Shingles
with shingles of the same color and design. However, since color
variations exist between shingles manufactured at different times
and since ELK may discontinue or modify its shingles, ELK reserves
the right to replace defective Shingles with shingles of similar
color and/or design. The application labor covered by this Limited
Warranty does not include costs for tear-off, dump fees, decking,
flashing, metal work, underlayment or related work.
DISCLAIMER OF WARRANTIES. THE WARRANTIES
IN THE FIRST PARAGRAPH OF THIS LIMITED WARRANTY ARE THE ONLY WARRANTIES
GIVEN BY ELK AND ARE IN PLACE OF ALL OTHERS, SUPERSEDING ANY PRIOR,
CONTRARY OR OTHER REPRESENTATIONS, WHETHER ORAL OR WRITTEN. ELK
HEREBY DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, WHETHER EXPRESS,
IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY,
ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED
WARRANTIES OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF
TRADE.
EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL
DAMAGES. IN NO EVENT WILL ELK BE LIABLE FOR ANY INCIDENTAL, SPECIAL,
INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM THE
USE, MISUSE OR INABILITY TO USE ELK shingles, OR FROM DEFECTS
OR NONCONFORMITY TO SPECIFICATIONS OF ELK SHINGLES, OR FROM ELK'S
OWN NEGLIGENCE OR OTHER TORT. This exclusion applies regardless
whether such damages are sought for breach of warranty, breach
of contract, negligence, or strict liability in tort or under
any other legal theory, and by purchasing Elk Shingles, the Buyer
waives and releases all other remedies, claims, and rights.
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: ELK's Limited Wind
Warranty against blow-offs is subject to each of the following
conditions or limitations:
(A) The Limited Wind Warranty applies
only to damage from winds up to the maximum wind velocities set
forth above; in no event shall ELK be liable for any loss or damage
due to wind velocities in excess of the applicable maximum velocity.
(B) The Limited Wind Warranty applies
only until the fifth anniversary of the date of original installation
of the Shingles, and ELK's liability for any breach of the Limited
Wind Warranty is limited to ELK's obligation to pay the reasonable
cost of replacing Shingles that have blown off and the reasonable
cost of manually sealing any unsealed Shingles which have had
adequate exposure to heat.
(C) IMPORTANT: The Limited Wind Warranty
is conditioned upon installation of the Shingles in accordance
with ELK's application instructions as printed on the Shingle
wrapper and the thermal sealing of the Shingles. In order for
such sealing to occur, the Shingles must be exposed to adequate
heat from direct sunlight. THE APPLICATION INSTRUCTIONS FOR PRESTIQUE
PLUS, PRESTIQUE GALLERY COLLECTION, AND PRESTIQUE I SHINGLES CONTAIN
SPECIAL TECHNIQUES REQUIRED BEFORE THE SHINGLES WILL CARRY THE
MAXIMUM LIMITED WIND WARRANTY.
STAINGUARD LIMITED WARRANTY: ELK's StainGuard
Limited Warranty is subject to each of the following conditions
or limitations:
(A) The StainGuard Limited Warranty applies
only to Shingles manufactured, labeled and sold with StainGuard
treatment, and only to the discoloration of roofing granules caused
by growth of algae.
(B) The StainGuard Limited Warranty applies
only during the first ten (10) years after original installation
of the Shingles or, in the case of Authorized Transferees, the
first five (5) years after transfer, if shorter, and ELK's liability
for any breach of the StainGuard Limited Warranty is limited to
ELK's obligation to pay the reasonable cost of commercially cleaning
or treating Shingles that have become discolored, or, only if
ELK elects, replacing discolored Shingles.
(C) The Original Owner or Authorized
Transferee making a claim under the StainGuard Limited Warranty
retains all responsibility for finding, hiring and completing
such treatment by a qualified professional, as recommended by
ELK. Such cleaning professional will have sole responsibility
for completing such treatment in a competent manner and for any
further warranties that may be given. NOTE: TREATMENT WITH CLEANING
SOLUTIONS NOT APPROVED OR RECOMMENDED BY THE ASPHALT ROOFING MANUFACTURERS
ASSOCIATION MAY VOID THIS LIMITED WARRANTY.
(D) The StainGuard Limited Warranty is
only available in the states of Alabama, Arkansas, Connecticut,
Delaware, Florida, Georgia, Illinois, Indiana, Iowa, Kentucky,
Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota,
Mississippi, Missouri (St. Louis ONLY), Nebraska, New Hampshire,
New Jersey, New York, North Carolina, North Dakota, Ohio, Oklahoma,
Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee,
Texas, Vermont, Virginia, Washington D.C., Wisconsin and West
Virginia.
LIMITED WARRANTY APPLICABLE TO ELK HIP
AND RIDGE: If ELK Z® Ridge, Seal-A-Ridge® with formula
FLX™, RidgeCrest™ vented high profile ridge, RidgeCrest
high profile hip and ridge, or other ELK hip and ridge shingles
are installed on the same house or other residential or commercial
building or premises with the Shingles, ELK warrants to the Original
Owner and any Authorized Transferee that such hip and ridge shingles
(1) are free from defects in materials or manufacturing workmanship
that would adversely affect the performance of the hip and ridge
shingles; and (2) will be resistant to blow-offs in wind velocities
up to seventy miles per hour (70 mph) until the fifth anniversary
of the date of original installation of the hip and ridge shingles.
Such hip and ridge shingles are warranted under this Limited Warranty
for a period of time expiring at the end of the remaining limited
warranty period applicable to the Shingles as it would apply to
an Original Owner or an Authorized Transferee, as the case may
be. The Limited Warranty applicable to ELK hip and ridge shingles
is conditioned upon installation of such shingles in accordance
with ELK's application instructions as printed on the hip and
ridge shingle wrapper. ELK's liability for any breach of the Limited
Warranty is limited by the same limitations of remedies and liability
applicable to the Shingles.
WHAT IS NOT COVERED: ELK 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
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,
or tornadoes; (b) any distortion or movement of the roof deck,
walls, or foundation of the building or other premises; (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 ELK, including from excessive exposure to impact, heat or
moisture prior to application; or (i) failure of any Shingles
to seal due to insufficient heat exposure or direct sunlight.
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
may be transferred by the Original Owner to the first 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 two dollar per square
($2.00/100 sq. ft.) transfer fee within thirty (30) days after
transfer of the building or premises on which the Shingles are
installed; upon ELK's receipt of such 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 defined in this Limited Warranty only for
prorated materials and only for the five-year limited warranty
period defined above; provided, however, that if an Authorized
Transferee received a transfer of this Limited Warranty on or
before the first anniversary of completion of the original installation
of the Shingles, such Authorized Transferee shall have all the
rights and remedies of 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 and proof of purchase of the Shingles to either:
ELK at 4602 Stillman Boulevard, Tuscaloosa,
Alabama 35401 [(205) 342-0200];
ELK at 202 Cedar Road, P.O. Box 500, Ennis, Texas 75119 [(866)
355-8324];
ELK at 6200 Zerker Road, Shafter, California 93263 [(800) 355-4968];
or
ELK at 401 Weavertown Road, P.O. Box 228, Myerstown, Pennsylvania
17067 [(717) 866-8300].
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 the Shingles, ELK 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 ELK employee
and laboratory testing of the suspect Shingles.
ANY CLAIM FOR SHINGLES WHICH HAVE BEEN
REPLACED PRIOR TO ELK'S 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, ELK will provide, within a reasonable period
of time, a settlement in accordance with the conditions of the
Limited Warranty.
THIS LIMITED WARRANTY IS A TERM AND CONDITION
OF EACH SALE OF SHINGLES AND IS BINDING UPON EACH ORIGINAL OWNER,
AUTHORIZED TRANSFEREE, AND OTHER OWNERS AND TRANSFEREES OF SHINGLES
OR ANY BUILDING OR PREMISES UPON WHICH SHINGLES HAVE BEEN INSTALLED.
EFFECTIVE DATE: THIS LIMITED WARRANTY
IS EFFECTIVE FOR ALL ELK PRESTIQUE AND RAISED PROFILE ASPHALT
SHINGLES SOLD AFTER: October 15, 2004.
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