5 YEAR NO LEAK LIMITED WARRANTY
A. 5 YEAR NO LEAKS PERFORMANCE WARRANTY
Go Roof Tune Up, Inc. (“GRTU”), warrants to the above-named Owner that, subject to the terms, conditions and limitations stated herein, your roof shall remain leak free for a period of five (5) years from the Roof Repair Date set forth above (“Warranty Period”) and that if a leak or leaks occur during the Warranty Period, it will repair the leak without charge to the Owner as specifically set forth below.
B. 24 HOUR LEAK RESPONSE HOTLINE SERVICE
GRTU will provide the following services to the Owner as the exclusive remedy to any leak during the Warranty Period (“Exclusive Remedy”):
For each leak which is covered under this Agreement, the Owner shall immediately call 1-866-482-5373 or go to www.GoRoofTune.com and report the roof leak, the Warranty number at the top of this Warranty, and any other information which may be useful to Go Roof Tune Up™ in responding to the leak (for example, address, phone number, e-mail address, etc.. Once the report is received, a Go Roof Tune Up™ representative shall call the Owner and establish a time to be on-site to respond to the reported leak. This is a 24/7 service with a site response time of 24 hours, or as soon as possible for emergencies. All responses will be from local personnel.
Go Roof Tune Up™ will repair the leak which will include, but not be limited to, repair or replacement of shingles, flashing membranes, and all labor costs associated there with, including tear-off, disposal, and other related work.
If necessary, a follow-up inspection to the leak area will be conducted to examine the repair quality and identify additional roofing concerns.
C. AGREEMENT EXCLUSIONS
This 5 Year No Leaks Performance Warranty does not cover any leaks, damage, or failure of the roof or any part thereof as a result of:
1. Natural or accidental disasters, including but not limited to, damage caused by lightning, hailstorms, floods, hurricane force winds (74 mph or greater) tornadoes, earthquakes, fire, vandalism, animals, trees, damage to tiles or shingles as a result of falling objects, penetration of the membrane by falling objects or otherwise, or any exposure to or application of any improper cleaning solutions, paint, coating, harsh airborne or liquid chemicals.
2. Any intentional or negligent act on the part of the Owner or third party including, but not limited to, misuse, traffic, tenting, installation of Christmas lights, clogged valleys, or debris buildup, installment of or damage caused by roof top appurtenances, including without limitation, lightning protection equipment, antennas, HVAC units, pitch pans, framework or supports for: signs, piping, conduit or sprinkler systems, or products supplied and/or installed by others.
3. Distortion, expansion, or contraction of the roof(s) caused by faulty original construction or design of building components, including parapet walls, copings, chimneys, skylights, vents, valleys, or roof deck.
D. TRANSFERABILITY OF WARRANTY
The Owner’s rights under this 5 Year No Leaks Performance Warranty are transferable to the new owner of the property identified on the first page of this Warranty upon written notification to Go Roof Tune Up™.
E. OTHER TERMS
THIS AGREEMENT IS IN LIEU OF ANY AND ALL OTHER WARRANTIES, OBLIGATIONS, OR AGREEMENTS, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY RIGHTS OR REMEDIES AGAINST ANY PERSON OR ENTITY UNDER THE UNIFORM COMMERCIAL CODE OR OTHERWISE WITH RESPECT TO THE SALE OF GOODS AND/OR SERVICES. THE EXCLUSIVE REMEDY STATED IN THIS AGREEMENT IS THE SOLE AND EXCLUSIVE REMEDY OF AND OBLIGATION TO THE OWNER FOR ANY AND ALL MATTERS ARISING WITH RESPECT TO OR IN ANY WAY CONNECTED WITH THE ROOF, OR ITS COMPONENT PRODUCTS, OR ANY GOODS OR SERVICES RELATED THERETO, REGARDLESS OF THE SOURCE OR PROVIDER OF SUCH GOODS OR SERVICES. NO REPRESENTATIVE OF GRTU OR ANY EMPLOYEE, AGENT, SUBCONTRACTOR OR AFFILIATED COMPANY (“AFFILIATE”) HAS AUTHORITY TO VARY OR ALTER THESE TERMS. IN NO EVENT, SHALL GRTU OR ANY AFFILIATE BE LIABLE FOR ANY DAMAGE TO THE BUILDING ITSELF (OTHER THAN THE ROOF), THE CONTENTS OF THE BUILDING, OR ANY OTHER SPECIAL INCIDENTAL OR CONSEQUENTIAL DAMAGES. NEITHER GRTU NOR ANY AFFILIATE SHALL BE LIABLE FOR ANY DAMAGES WHICH ARE BASED ON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY OTHER THAN THE EXCLUSIVE LIABILITY SET FORTH IN THIS SERVICE AGREEMENT.
This Agreement does not absolve the material warranty provider from their responsibilities or contractual obligations.
The Owner agrees that this Agreement, and the services and remedies set forth therein, are exclusive, and there are no other Agreements between the Owner and Go Roof Tune Up™ or any affiliate. Any unresolved issues under this Agreement shall be submitted to the exclusive jurisdiction of the courts of, and governed by, the state where the property is located.
The Owner and Go Roof Tune Up™ hereby agree to the terms, conditions, and limitations as set forth herein this Service Agreement.
THIS WARRANTY IS NOT VALID WITHOUT A PREPRINTED WARRANTY NUMBER WHICH IS LOCATED ON THE UPPER RIGHT CORNER OF THIS 5 YEAR NO LEAKS PERFORMANCE WARRANTY.