Warranty

MATERIAL WARRANTY
Corrugated sheeting or tile sold under the product name ONDURA
(“ONDURA”) is warranted by Onduline North America (“Onduline”) to the person
or entity owning a building or substructure when the ONDURA is installed on it or
to the next subsequent purchaser if such owner merely holds the property for sale
(“Owner”) to be free from manufacturing defects in workmanship or material for
the lifetime of the building or substructure to which the ONDURA is attached,
or so long as the Owner should own the building or substructure to which the
ONDURA is attached, whichever is less. If the Owner shall be other than an
individual or sole proprietor, the maximum term of the warranty shall be 25 years
from the date of installation. This warranty extends only to the Owner and is
not assignable or transferable under any circumstances.
Subject to the conditions set forth below, in the event that the ONDURA or
any portion thereof is found to be defective in workmanship or materials, upon
presentation of the Warranty Certificate and proof of purchase, or prior filing of
the Registration Card, Onduline will exchange new ONDURA for defective ONDURA
under the terms of this warranty. Any such replacement ONDURA shall be
warranted only for the period applicable to the ONDURA originally purchased.
For the first five years from the date of installation, Onduline will furnish
replacement ONDURA material for 100% of the defective ONDURA material or
ONDURA material which has failed for reasons other than those circumstances
listed below. After this five year period, Onduline will then replace defective
ONDURA material and prorate over the commercially reasonable life expectancy
of the building or substructure the amount which the Owner must contribute to
replacement. For the first three years of this warranty period, upon completion
of replacement, Onduline will grant a reasonable labor allowance per
manufacturer’s then current schedule (“the labor allowance”) to the Owner for
the replacement of the defective ONDURA material. For the fourth year of the
warranty period, Onduline will contribute 50 percent of the labor allowance, and
for the fifth year of the warranty period will contribute 25 percent of the labor
allowance for replacement of the defective ONDURA material. Onduline’s
obligation to contribute any amount to labor costs shall cease after the fifth year
of the warranty period. Costs for removal of existing roofing are not included in
the labor allowance.
EXCLUSIONS
This warranty does not extend to the colored coating applied to the
ONDURA which is separately warranted below. This warranty covers only the 12-
corrugation style O N D U R A material. This warranty applies only to the
original installation of the ONDURA and not to any subsequent installation or to
ONDURA that has been altered without the expressed written consent of Onduline.
COATING WARRANTY
Subject to the conditions set forth below, Onduline also warrants that the
colored coating applied to the ONDURA during manufacture will not lose
adhesion or wash off. This warranty on the colored coating extends for
a period
of 10 years from the date of installation of the ONDURA. For
the first three
years of this warranty period, Onduline shall supply free paint
and labor
allowance to apply the same to replace the colored coating which
has not
adhered to the ONDURA. After that three year period and during
the first month
there following, Onduline will credit 70 percent of the cost of paint
at its
suggested list price against the purchase thereof by Owner and provide
70
percent of the labor allowance to apply the paint upon completion of recoating
with paint purchased from Onduline. For each month thereafter, and over the
ten year period, Onduline’s liability will be limited to a prorated amount of
the cost of ONDURA paint and the labor allowance, prorated from its 70 percent
obligation downward on a monthly basis. This coating warranty does not ap ply
to normal fading of color change, or an occasional or random crack,
chip, blister,
or peel of the coating, and applies only to conditions of
substantial and
material loss of adhesion between the coating and the ONDURA
. The finish of
such recoated material shall be warranted only for the
period applicable to the
original finish on the ONDURA and only if
properly applied following good
application practices such as those in the ONDURA
Paint Application & Storage
instructions.
VOIDING OF WARRANTY
ALL WARRANTIES ARE VOID UNLESS THE FOLLOWING CONDITIONS ARE MET:
1. The ONDURA is installed in accordance with Onduline’s then most current
ONDURA Installation Guidelines, unless Onduline approves any deviation in writing.
The ONDURA must be installed using fasteners manufactured or specifically approved
by Onduline.
2. Any defect in the ONDURA must NOT have resulted from:
(a) any failure or defect in the building or substructure to which the
ONDURA is attached including, but not limited to, improper design of
the structure, actual installation error, settling, shifting, distorting, or
movement of the walls or foundation of the structure;
(b) extraordinary wear and tear (including, but not limited to, traffic on
the roof or impact of falling objects), acts of God (such as lightning,
hurricane, tornado, or hail), mold, moss, algae, fungus, misuse,
neglect or improper storage or handling of the ONDURA before,
during, or after installation.
(c) moisture accumulation caused by contact with damp or wet
insulation or other absorbent materials.
(d) improper or insufficient ventilation.
(e) fading or weathering of ONDURA’s painted surface, shading or variations
in the color or discoloration including that caused by organic materials on
the roof.
3. The surface coating is maintained so as to completely cover the ONDURA
throughout the life of the warranty.
4. The Owner must supply Onduline with samples and photographs of the allegedly
defective ONDURA which Onduline deems sufficient to illustrate the damage
and the Owner must not remove the ONDURA until it has given Onduline a
reasonable opportunity to examine it.
5. The ONDURA must be installed in North America.
HOW TO MAKE A WARRANTY CLAIM
You must submit any claims under this warranty in writing together with
proof of purchase of the ONDURA to:
ONDURA Customer Services
Onduline North America, Inc.
4900 Ondura Drive, Fredericksburg, VA 22407.
The most convenient way of establishing a date of purchase and
application is to complete, sign and mail attached Registration Certificate to
Onduline at the above address promptly following completion of the application
of the ONDURA. For questions, please call 800-777-7663
.
DISCLAIMER
The ONDURA is only warranted to be free from defects in workmanship
and material. The coating applied to the ONDURA is only warranted against
substantial and material loss of adhesion. ONDULINE MAKES NO OTHER
WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. ANY IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WHICH EXCEED THE
OBLIGATIONS SET FORTH IN THIS WARRANTY ARE HEREBY DISCLAIMED BY
ONDULINE. Onduline makes no other representation or warranty of any kind, and
no representative, employee, distributor or dealer of ONDURA has the authority to
make or imply any representation, promise or agreement which in any way varies
the terms of this agreement. Some states do not allow limitations on how long an
implied warranty lasts, so the above limitation may not apply to you. Onduline
reserves the right to discontinue or modify any of its products, including color,
shape, and size, without notice to the original homeowner, and shall not be liable
as a result of such discontinuation or modification. Nor shall Onduline be liable in
the event replacement material may vary in color in comparison to the original
product as a result of normal weathering. If Onduline replaces any material under
this warranty, it may substitute products designated by Onduline to be of
comparable quality or price in the event the product initially installed has been
discontinued or modified. Onduline shall not be obligated to pay freight charges
for delivery of replacement material or paint.
SOLE REMEDY
The manufacturer’s only liability under this limited warranty, or in any
action based upon warranty, contract, negligence (of Onduline, its agents or
employees), strict product liability or otherwise, is limited to the repair or
replacement, at Onduline’s option, of ONDURA that Onduline deems defective.
The purchaser or Owner and Onduline expressly agree that the remedy of repair
or replacement of the defective ONDURA is the exclusive and sole remedy
available from Onduline.
NO CONSEQUENTIAL DAMAGES
ONDULINE’S LIABILITY TO AN OWNER TO WHOM THIS WARRANTY EXTENDS
SHALL NOT EXCEED ONDULINE’S SALE PRICE FOR THE ONDURA AND
ALLOWANCES AS SET OUT ABOVE. ONDULINE SHALL NOT BE LIABLE FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY FAILURE OR
DEFECT IN THE ONDURA OR THE COATING, INCLUDING BUT NOT LIMITED TO
LOSS OF ANY REVENUE, LOSS RELATED TO BUSINESS INTERRUPTION OR OTHER
ECONOMIC LOSS. Some states do not allow the exclusion or limitation of
incidental or consequential damages, so the above limitation or exclusion may not
apply to you.
If any portion of this document shall be held ineffective or void, for any
reason, the remainder shall remain in effect. This warranty shall be interpreted
under Virginia law and any legal action relating to the warranty shall be brought
only in Virginia courts. This warranty gives you specific legal rights, and you may also
have other rights which vary from state to state.
E-AE
READ AND FOLLOW THE INSTALLATION GUIDELINES BEFORE INSTALLING YOUR NEW ROOFING