Warranty Guide

material is installed; (xiii) infiltration or condensation of moisture in, through insulation, or
around walls, copings, building structure or underlying or surrounding areas. (xiv) This
warranty does not cover any issue related to application of coating including but not limited to
peeling, flaking and cracking. These are maintenance item and is owner's responsibility.
5) Failure to register this warranty within 90 days of purchase to MBTechnology.
LIMITATION OF REMEDIES
This warranty does not apply to application over cooler, cold storage or freezer buildings.
MBTechnology's sole responsibility for breach of this limited warranty is the repair or replacement, at the
Company’s option, of that portion of the MBTechnology's materials that contain manufacturing defects or
deterioration caused by ordinary wear and tear by the elements that have resulted in a roof leak. Repair
or replacement of the deck or other materials used in conjunction with the roofing system not
manufactured by MBTechnology is NOT included. The Company’s maximum liability for cost of repairs or
replacement during the first year after completion is the original cost of the MBTechnology materials
only. After the first year, the Company’s MAXIMUM LIABILITY is limited to the original cost of the
MBTechnology's materials used on the roof reduced by ten percent (10.00 %) of the maximum liability
during each year of this limited warranty, less any costs previously incurred by the Company for the repair
or replacement during previous years. In no event shall MBTechnology be liable for a sum greater than
the maximum liability of this limited warranty or for more than Two (2) times the proportional cost paid
to the Company for the MBTechnology materials installed on the affected portion of this roof, whichever
is less. This warranty shall only accrue to and be for the benefit of the original owner named herein. It
shall not accrue to the benefit of, or be assignable to, any tenant of the building named herein or any
purchaser successor, or assignee of original owner.
This warranty does not extend to workmanship in application of materials. All repairs must be authorized
in writing in advance by: Manager, Technical Services, MBTechnology 188 S. Teilman Ave. Fresno Ca.
93706-1334.
THERE ARE NO WARRANTIES FRIM MBT TO OWNER WHICH EXTEND BEYOND THE DISCRIPTION ON THE
FACE HEREOF. ALL SPECIFICATION, DESCRIPTIVE INFORMATION, RECOMMENDATIONS OR TEST RESULTS
WHICH MBT HAS PROVIDED THE OWNER, WHETHER ORALLY OR IN PRICE LIST CATALOGS, BROCHURES,
SALES FORMS, TECHNICAL REPORTS OR OTHER DESCRIPTIVE LITERATURE DO NOT IN AND OF
THEMSELVES CONSTITUTE WARRANTIES.
IN NO EVENT SHALL MBT BE LIABLE TO OWNER IN TORT, WHETHER FOR NEGLIGENCE UNDER THE
DOCTRINE OF STRICT LIABILITY OR OTHERWISE, FOR ANY LOSS OR DAMAGE RESULTING FROM
ANYMATERIAL DEFECT. THIS WARRANTY AND THE REMEDY PROVIDED FOR HEREIN ARE EXCLUSIVE AND
IN LIEU OF ALL OTHER OBLIGATIONS, LIABILITIES OR EXPRESS WARRANTIES, ANY IMPLIED WARRANTIES,
INCLUDING ANY IMPLIES WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
ARE HEREBY EXPRESSLY EXCLUDED. NO OFFICER, EMPLOYEE OR SALES PERSON OF MBT IS AUTHORIZED
TO MODIFY THIS WARRANTY IN ANY FASHION EXCEPT IN WRITING AND APPROVEDBY THE PRESIDENT OF
MBT. MBT ASSUMES NO RESPONSIBILITY FOR DAMAGES TO THESTRUCTURE OF THE BUILDING OR ITS
CONTENTS FROM ANY TYPE OF LEAKS, OR ANY OTHER CONSEQUENTAIL OR INCIDENTAL DAMAGES.
Transferability: This warranty shall only accrue to, and be for the benefit of, the original owner named
herein. It shall not accrue to the benefit of, or be assignable to, any tenant of the building named herein
or any purchaser or assignee of the original owner.
THE PARTIES AGREE THAT ANY CONDITION OR CLAIMS RELATING TO THIS WARRANTY
SHALL FIRST BE SUBMITTED TO MEDIATION UNDER THE CONSTRUCTION INDUSTRY
ARBITRATION AND MEDIATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION
(OR OTHER MUTUALLY ACCEPTABLE ARBITRATOR). NO COURT OR OTHER TRIBUNAL
SHALL HAVE JURISDICTION UNTIL THE ARBITRATION IS COMPLETED
Some states do not allow limitations on how long an implied warrant lasts or the exclusion of incidental or
consequential damages so the above limitations or exclusions may not apply to you.