| ELK CORPORATION OF ALABAMA (“ELK”)
warrants to the person who owns a house or other residential or
commercial building or premises when ELK PRESTIQUE® XTRA™
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.
|
Type
Of Shingles |
Limited
Warranty Period |
Non-Prorated
Umbrella Coverage
Period* |
Limited
Wind Warranty Period |
Maximum
Wind
Velocity |
StainGuard
Limited
Warranty
Period |
| Prestique XTRA High Definition with StainGuard |
40 Years |
7 Years† /
5 Years |
5 Years |
130 MPH/80 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, (i) 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, (ii) the Limited Wind Warranty, if
applicable and still in effect, will expire on the fifth anniversary
of the original installation of the Shingles, (iii) the StainGuard
Limited Warranty, if applicable and still in effect, will expire
on the earlier of (A) the fifth anniversary of the date of transfer
or (B) the tenth anniversary of the original installation.
** For a Limited Wind Warranty up to 130 MPH for Prestique Xtra,
at least six (6) properly placed NAILS and Elk Starter Strip shingles
are required. See 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 ENSURES 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
will 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.
MEETS UL 2218 CLASS 4 TEST. UL 2218 IS AN IMPACT RESISTANCE TEST
THAT DOES NOT CORRELATE TO ALL ACTUAL CONDITIONS IN A HAIL STORM
OR OTHER SEVERE WEATHER. ELK DOES NOT GUARANTEE OR WARRANT THE
SHINGLES AGAINST DAMAGE FROM HAIL OR OTHER IMPACTS.
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 XTRA 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, Mississippi, Missouri (St. Louis area
only), Minnesota, 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 Seal-A-Ridge®
Xtra with formula FLX™ 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
(except the Limited Wind 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: ELK at 4602 Stillman Boulevard,
Tuscaloosa, Alabama 35401 [(205) 342-0200].
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. 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.
ANY CLAIM FOR SHINGLES WHICH HAVE BEEN REPLACED PRIOR TO ELK’S
RECEIPT OF WRITTEN NOTICE, SAMPLES, AND ON-SITE INSPECTION WILL
BE DENIED.
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 XTRA SHINGLES SOLD AFTER: JUNE 15, 2005.
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