Warranty

B. Proration: If your AR Shingle Products have been installed longer than 1 year, labor
will not be covered and compensation will be limited to a prorated amount of the
cost of the affected AR shingles. We will prorate your compensation to take into
account the number of full years of use that you have enjoyed from the original
installation date through the date of your claim. For example: If you make your
claim anytime in the 4th year of the AR warranty and the AR Warranty Period is
10 years, our compensation to you will be the amount of the cost of the affected
Owens Corning
®
AR Shingle Products reduced by 3/10ths of the cost of the
affected AR Shingle Products.
NOTE: In dry regions with limited rainfall, copper released by algae resistant shingles
can cause excessive corrosion to aluminum gutters. In these regions, Owens Corning
recommends using vinyl gutters and will not be liable for any damage that may result
from using aluminum gutters with algae resistant shingles.
TRANSFERABILITY OF THIS WARRANTY (NOTE: BASED ON ORIGINAL INSTALLATION DATE)
This warranty is not transferable except as follows: You may only transfer this warranty 1
time, anytime during the life of the warranty to the purchasers of the structure on which
the shingles are installed. For this warranty to transfer and the second Owner to obtain
the benefits of this warranty, the second Owner must within 60 days after the date of the
real estate transfer contact 1-800-ROOFING and submit together (1) proof of purchase of
the Owens Corning
®
roofing shingles and components; and (2) the installation date and
ownership history.
(1) If the transfer takes place within the TRU PROtection
®
Nonprorated period (see
“Limited Warranty Information Table”), the second Owner is entitled to the same
coverage as the original Owner.
(2) If the transfer occurs after the TRU PROtection
®
Nonprorated period (see “Limited
Warranty Information Table”), the balance of this warranty shall be reduced to a 2 year
period after the date of ownership change. If there is a manufacturing defect that causes
leaks during this 2 year period, our compensation to the second Owner will be based
only on the reasonable cost of replacement of the Owens Corning
®
roofing shingles and
Components reduced by the amount of use the second Owner and the original Owner
have enjoyed from the original installation date through the date of your claim.
(3) The AR Warranty Period and Wind Warranty Period are fully transferable. The second
Owner will receive the balance of the coverage outlined in the “Limited Warranty
Information Table” based upon the original installation date.
WHAT IS NOT COVERED
Our warranty does not cover damage to the Owens Corning
®
roofing shingles and
components products due to any cause not expressly covered in this warranty. After our
roofing products leave our manufacturing facilities, they are subject to conditions and
handling beyond our control that could affect their performance. This warranty does not
cover any problems with non-defective roofing products caused by conditions or handling
beyond our control. Some examples of conditions not covered by this warranty include:
1. Acts of God, such as hail, strong storms or winds (including gusts) over the
maximum wind speed listed in the “Limited Warranty Information Table” at the end
of this warranty, ice damming above the area covered by leak barriers or flashings or
snow or water infiltration through exhaust vents.
2. Damage to or failure of the roofing products as a result of damage to or the failure of
the underlying roofing structure, or failure and/or rusting of roof nails.
3. Foot traffic on your roof or damage caused by objects (e.g. tree branches) falling on
your roof.
4. Improper or faulty installation of your roofing products —installation must be in
accordance with our written installation instructions and comply with local building
codes.
5. Shading, or variations in the color of your Owens Corning
®
Shingle Products or
discoloration caused by algae, fungi, lichen or cyanobacteria (unless covered under
the section “What About Algae Resistance” above).
6. Damage caused by improper or inadequate roof ventilation or roof drainage,
unvented attics or enclosed roof rafter assemblies.
7. Settlement of the structure of your property or buckling or cracking of the deck over
which your roofing products are installed.
8. Leaks caused by pre-existing conditions, structural failures(s) or damaged area(s)
on or near the roof that are not part of the roofing shingles and components such as
chimneys that have loose or cracked mortar, skylight seams, or soil pipe boots allow
water to enter the structure or roofing shingles and components.
9. Damage to the shingles caused by alterations made after completion of application,
including structural changes, equipment or solar panel installation, power washing,
painting or the application of cleaning solutions, coatings, or other modifications.
10. Any damage due to debris, resins or drippings from foliage.
11. Improper storage, handling or other conditions beyond our control.
12. Damages caused by, or the cost to repair or replace, any non-Owens Corning
®
products.
13. Improperly designed or installed gutter or downspout systems.
14. Any costs that you incur which are not authorized in advance by Owens Corning.
REPLACEMENT SHINGLE VARIATIONS
As a result of our ongoing efforts to improve and enhance our roofing products, we must
reserve the right to discontinue or modify our shingles and component products, including
their colors. We are not liable to you if you make a warranty claim in the future and any
replacement roofing products you receive vary in color either because of normal weathering
or changes in our product line. You should understand that if we replace any of your
shingles or component products under this warranty, we reserve the right to provide you
with substitute shingles or component products that are comparable only in quality and
price to your original shingle or component products.
COMPENSATION
Under the terms of this warranty, the manner of compensation is at Owens Corning’s sole
discretion and may be arranged directly by Owens Corning or issued in the form of cash
settlement and/or material credit for Owens Corning
®
Products to an existing supplier of
Owens Corning
®
Roofing materials. All costs must be pre-approved by Owens Corning.
CLAIMS PROCESS & RIGHT OF INSPECTION
To make a claim under this warranty, you must do so within 30 days after you discover the
problem. To fully evaluate your claim, we may ask you to provide, at your expense, pictures
of your shingles or shingle samples for us to test. You must do so in order to be eligible
to make a claim under this warranty. To make a claim or if you have any questions, do not
hesitate to call 1-800-ROOFING or visit us at www.owenscorning.com/roofing. If you repair
or replace your Owens Corning
®
products before Owens Corning has made a determination
on your claim, your claim may be denied. Owens Corning shall have a reasonable time after
notification of a claim to inspect the roof. If requested by Owens Corning, the owner shall
provide Owens Corning with reasonable access to the roof, during normal business hours,
for the purpose of conducting an inspection of the roofing products
NO MODIFICATIONS TO THIS WARRANTY
The terms of this warranty may not be waived or modified (whether by a statement,
omission, course of dealing or any act), except in writing signed by an officer of
Owens Corning or a licensed attorney in the Owens Corning legal department or by the
Owens Corning Technical Inspection Leader. Other than such an officer or attorney or
Technical Inspection Leader, nobody (regardless of whether an Owens Corning employee,
a contractor, an installer or otherwise) has authority to act on behalf of Owens Corning
(for example to waive or modify this warranty, to make representations or warranties
or to undertake any liability). This warranty represents the entire agreement between
the parties and replaces all other communications, warranties, representations and
guarantees.
MANDATORY ARBITRATION
To the extent permitted by applicable law, Owens Corning and you agree to arbitrate all
disputes and claims arising out of or relating to this warranty or Owens Corning
®
shingles
(“Dispute”). This warranty evidences a transaction in interstate commerce, and the Federal
Arbitration Act governs the interpretation and enforcement of this provision. A party who
intends to seek arbitration must first send to the other, by certified mail, a written notice
of intent to arbitrate (“Notice”). The Notice to Owens Corning should be addressed to:
One Owens Corning Parkway, Toledo, Ohio 43659 (“Arbitration Notice Address”). The Notice
must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific
relief sought (“Demand”). If the parties do not reach an agreement to resolve the claim
within 30 days after Notice is received, you or Owens Corning may commence an arbitration
proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration
clause, but the arbitrator is bound by the terms of this warranty. The arbitration shall be
governed by the Commercial Dispute Resolution Procedures and the Supplementary
Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American
Arbitration Association (“AAA”), as modified by this warranty, and shall be administered by
the AAA.
YOU AND OWENS CORNING HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief
and only to the extent necessary to provide relief warranted by that party's individual claim.
YOU AND OWENS CORNING MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH
PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE PROCEEDING
Further, you agree that the arbitrator may not consolidate proceedings of more than one
person's claims, and may not otherwise preside over any form of a representative or class
proceeding.
GOVERNING LAW AND FORUM
This warranty and all Disputes are governed by United States Federal laws and laws of
Ohio. Subject to the “Arbitration” provision in this warranty, if there are any Disputes that
cannot be arbitrated, then the parties consent to the exclusive jurisdiction and venue of
the state and federal courts in Ohio with respect to such Disputes.
SAVINGS AND SEVERABILITY
To the extent that this warranty is inconsistent with applicable law, this warranty is hereby
modified to be consistent with such applicable law. If an arbitrator or court determines that
any term in this warranty is illegal or unenforceable, the parties intend for the arbitrator or
court to interpret or modify this warranty to effect the original intent of the parties as closely
as possible while rendering the term and this warranty fully legal and enforceable. If a term
in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for
the arbitrator or court to sever the illegal or unenforceable term from this warranty, leaving
the remainder of this warranty enforceable.
LIMITATIONS
NO DISPUTE MAY BE BROUGHT LATER THAN 1 YEAR AFTER ANY CAUSE OF ACTION
HAS ACCRUED, AFTER WHICH ALL DISPUTES ARE FOREVER BARRED.
THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM OWENS CORNING AND
REPRESENTS THE SOLE REMEDY TO ANY OWNER OF OWENS CORNING
®
ROOFING
SHINGLES AND COMPONENTS. OWENS CORNING MAKES NO OTHER REPRESENTATIONS,
WARRANTIES OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY
IN THIS WARRANTY.
YOUR REMEDY FOR DEFECTIVE SHINGLES OR OWENS CORNING
®
ROOFING SHINGLES
AND COMPONENTS IS FULLY DESCRIBED IN THE ABOVE SECTION, “HOW LONG ARE
YOU COVERED”. YOU ARE NOT ENTITLED TO ANYTHING MORE THAN WHAT IS
DESCRIBED IN THAT SECTION. OWENS CORNING HAS NO REASON TO KNOW ANY
PARTICULAR PURPOSE FOR WHICH YOU ARE BUYING ROOFING SHINGLES OR
COMPONENTS.
OWENS CORNING IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL,
SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND INCLUDING DAMAGE TO YOUR
STRUCTURE OR TO YOUR STRUCTURE’S CONTENTS WHETHER FOR BREACH OF THIS
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIMS DERIVED IN TORT OR
FOR ANY OTHER.
SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU.
FOR CANADA ONLY — The terms in this warranty, except to the extent lawfully permitted,
do not exclude, restrict, or modify but are in addition to any provincial laws.