|
(g)Acids,oils,harmful chemicals and the like come in contact with the Versico Total Roofing System and cause a leak,or
<br /> otherwise damage the Versico Total Roofing System; or
<br /> (h)The Versico Total Roofing System encounters leaks or is otherwise damaged by condensation resulting from any condition
<br /> within the building that may generate moisture; or
<br /> (i)The Versico Authorized Contractor or any additional contractor or subcontractor failed to follow Versico's published
<br /> specifications and details for the approved system assembly or failure to correct all installation deficiencies listed in any Versico
<br /> inspection report.
<br /> 4.This Warranty shall be null and void if any of the following shall occur:
<br /> (a)If,after installation of the Versico Total Roofing System by a Versico Authorized Roofing C ctor,there are any
<br /> alterations or repairs made on or through the roof or objects such as,but not limited to,struc es, fixtures, solar arrays,wind
<br /> turbines,roof gardens or utilities are placed upon or attached to the roof without first obtaiig written rization from
<br /> Versico; or
<br /> (b)Failure by the Owner to use reasonable care in maintaining the roof, said maintenance to include,but not be ed to,those
<br /> items listed on Versico's Care&Maintenance Guide which accompanies this Warranty.
<br /> 5.In addition,it shall be Owner's sole responsibility to remove and re-insta wner's expense,all obstructions,including,
<br /> but not limited to, structures,fixtures,solar arrays,wind turbines,roof gardens, ties or/expe .,
<br /> urden from the affected
<br /> area as determined by Versico that would hinder or impede repairs eing m in e mosnd least expensive
<br /> manner possible. Owner shall be responsible for all costs associ with an ss of powe in the event that removal
<br /> of a solar array is required to repair the roofing system.
<br /> 6.During the term of this Warranty,Versico shall have access to the roof during regular business hours.
<br /> 7.Versico shall have no obligation under this Warranty hile any bills lkstallation, supplies,service, and/or warranty
<br /> charges have not been paid in full to the Versico Authorized Roofin Con r,Versico,or material suppliers.
<br /> 8.Versico's failure at any time to enforce any of the t s o ditio stated herein shall not be construed to be a waiver of
<br /> such provision.
<br /> 9.Versico shall not be responsi leanlines scoloration of the Versico Total Roofing System caused by
<br /> environmental conditions includ bu t limit d to, pollutants or biological agents.
<br /> 10.Versico shall hayliability u theory o law for any claims,repairs,restoration,or other damages including,but
<br /> not limited to,Alds,
<br /> se l or incidental damages relating,directly or indirectly,to the presence of any irritants,contaminants,
<br /> vapors,fumes fungi, eria, spares,mycotoxins,or the like in the building or in the air, land,or water serving the
<br /> building.
<br /> 11. This warranty s all be trans f ble upon a change in ownership of the building when the Owner has completed certain
<br /> procedures,including n and an inspection of the Roofing System by a Versico representative.
<br /> 12.Any dispute,controversy or claim between the Owner and Versico concerning this Limited Warranty shall be settled by
<br /> mediation.In the event that the Owner and Versico do not resolve the dispute,controversy or claim in mediation,the Owner
<br /> and Versico agree that any and all suits,proceedings,or claims shall be filed in either the state courts of Cumberland County,
<br /> Pennsylvania or in the United States District Court for the Middle District of Pennsylvania.Each party irrevocably consents to
<br /> the jurisdiction and venue of the above-identified courts.
<br /> EMVSW_I Rev 04/19 2 of 4
<br /> P.O. Box 1289 Carlisle, PA 17013 toll free /800.233.0551 fax / 717.245.7121 www.versico.com
<br />
|