| ELK CORPORATION OF TEXAS ("ELK")
warrants to the person who owns a house or other residential or
commercial building or premises when ELK ALL-CLIMATE SELF-ADHERING
UNDERLAYMENT ("Underlayment") is purchased and installed
on that building or premises ("Original Owner") that on
the date the Underlayment is sold it is free from defects in materials
or manufacturing workmanship that would adversely affect the performance
of the Underlayment.
THIS LIMITED WARRANTY IS PERSONAL TO THE ORIGINAL OWNER AND MAY
NOT BE TRANSFERRED TO ANY OTHER PARTY.
LIMITED WARRANTY PERIODS: This Limited Warranty commences at
the completion of the proper original installation of the Underlayment
and continues only for the applicable limited warranty periods
described below.
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Type
of Underlayment
|
Limited Warranty Period
|
Non-Prorated
Coverage Period
|
|
Elk
All-Climate Self-Adhering
Underlayment Traction Grip (Granulated)
|
30 years
|
5
years
|
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Elk All-Climate Self-Adhering
Underlayment - Film Finished
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30 years
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5 years
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The useful life of a given product 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 Underlayment
is found to have defects in material or manufacturing workmanship
which adversely 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 Underlayment
containing manufacturing defects affecting performance. For warranty
claims of Original Owners, to the extent of the Underlayment that
actually manifest defects in material or manufacturing workmanship
which affect performance during the limited warranty period stated
above, ELK shall either: (1) pay the reasonable replacement cost
of defective Underlayment, prorated after the expiration of the
five-year non-prorated coverage period applicable to the Underlayment;
or (2) provide replacement Underlayment only or replacement underlayment
of a similar design; or (3) pay the reasonable cost for repair
of the defective Underlayment.
The decision on which of the stated remedies is provided to an
Original Owner in each individual case shall be at the sole discretion
of ELK. During the limited warranty period after the non-prorated
coverage period, the replacement cost which ELK will pay to an
Original Owner will be reduced by the amount of usage received
from the Underlayment; in that event, ELK will pay a prorated
percentage of the applicable reasonable replacement cost described
above, which will be calculated by dividing the number of months
remaining in the Underlayment¹s warranty period by the number
of months in the original limited warranty period. If providing
replacement underlayment, ELK, wherever possible, shall replace
Underlayment with underlayment of the same design. ELK reserves
the right to replace defective Underlayment with underlayment
of similar design. This Limited Warranty does not cover costs
for application, tear-off, dump fees, flashing, metal work, roofing
shingles, hip and ridge products, other underlayment, or related
work.
THIS LIMITED WARRANTY IS EXCLUSIVE, SUPERSEDING ANY OTHERS, WRITTEN
OR ORAL, AND EXCLUDES ANY OTHER WARRANTIES WHETHER EXPRESS OR
IMPLIED BY LAW, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED WARRANTIES
OTHERWISE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ELK
MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, OTHER THAN THE
LIMITED WARRANTY SET FORTH HEREIN, AND NO PERSON IS AUTHORIZED
TO ALTER THIS LIMITED WARRANTY EITHER ORALLY OR IN WRITING.
ELK SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT
OR OTHER DAMAGES, INCLUDING ATTORNEYS¹ FEES. ELK SHALL NOT
BE LIABLE BASED UPON ANY THEORY OF LIABILITY, INCLUDING WITHOUT
LIMITATION NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, PRODUCTS
LIABILITY OR ANY OTHER THEORY, OTHER THAN THE LIMITED WARRANTY
SET FORTH HEREIN. 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 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.
WHAT IS NOT COVERED: ELK shall not be liable for, and this Limited
Warranty does not apply to, any damages to the Underlayment or
any other property from any cause other than the specific 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 Underlayment caused by: (a)
fire, casualty or acts of God, such as hailstorms, hurricanes,
tornadoes or other severe windstorms; (b) any distortion or movement
of the roof deck, walls, or foundation of the building; (c) installation
of the Underlayment not conforming with the instructions printed
on the Underlayment 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 Underlayment before, during or after installation;
(f) decking nails or staples backing out and either perforating
or pushing up the Underlayment; (g) improper ventilation or drainage;
(h) misuse, unusual use, or improper handling or storage of the
Underlayment by parties other than ELK, including from excessive
exposure to impact, heat or moisture prior to application; (i)
the failure to seal of the Underlayment due to insufficient heat
exposure or direct sunlight; (j) damage to the Underlayment caused
by blow-offs of field shingles on the same roof; (k) inadequate
or faulty design of the building or premises on which the Underlayment
is installed; or (l) ice damming beyond areas of your deck covered
by Underlayment.
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, proof
of purchase of the Underlayment to either:
ELK at 4600 Stillman Boulevard; Tuscaloosa, Alabama 35401 or call
1-205-342-0200
ELK at 202 Cedar Road; P.O. Box 500, Ennis, Texas 75119 or call
1-866-355-8324
ELK at 6200 Zerker Road; Shafter, California 93263 or call 1-800-355-4968
ELK at 401 Weavertown Road; P.O. Box 228, Myerstown, Pennsylvania
17067 or call 1-717-866-8300
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 Underlayment installed on your roof, ELK will review
your letter and may ask for samples of the Underlayment, the field,
hip and ridge or 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 Underlayment. ANY CLAIM FOR UNDERLAYMENT WHICH HAS BEEN
REPLACED PRIOR TO ELK¹S 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 terms and conditions
of the Limited Warranty.
THIS LIMITED WARRANTY IS A TERM AND CONDITION OF EACH SALE OF
UNDERLAYMENT AND IS BINDING UPON EACH ORIGINAL OWNER AND PURCHASER.
EFFECTIVE DATE: THIS LIMITED WARRANTY IS EFFECTIVE FOR ELK UNDERLAYMENT
SOLD AFTER: November 22, 2002 in the United States and Canada.
© 2005 Elk Premium Building Products, Inc. All trademarks,
®, are registered trademarks and all trademarks, , are
trademarks pending registration of Elk Premium Building Products,
Inc., an ElkCorp company (NYSE:ELK).
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