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(o) If panels or other components are installed in a manner that does not permit the water to drain from all roof surface. (p) Any other cause beyond the control of the Manufacturer. 3. This Warranty shall be valid only if the roofing system is erected and installed strictly in accordance with (1) The Manufac turers’ engineering plans, specifications and details; (2) all applicable erection standards and procedures regularly published by the Metal Buildi ng Manufacturer's Association; and (3) current erection manuals issued by the Manufacturer. Any modification of or deviation from the Manufacturers’ specified materials, products, or specified erection procedures without the prior written consent of an officer of the Manufacturer will void this Warranty, including but not limited to deviations during initial construction, final completion or post completion repair. This Warranty applies only to roof systems erected on structural materials supplied by or expressly approved by the Man ufacturer. 4. This Warranty shall be valid only after the roof system has been (i) inspected and (ii) approved by a Third Party Independen t Roof Consultant designated by the Manufacturer. The Owner shall retain the right to waive third party inspection and request the Ma nufacturer’s inspection. Any deficiencies noted upon inspection must be corrected to the reasonable satisfaction of the Manufacturer prior to the issuance and effectiveness of this Warranty. The Manufacturer shall not be responsible pursuant to this agreement for any leaks occurring prior to the inspection and approval of the roofing system. 5. During the term of this Warranty the Owner shall perform routine inspections and maintenance in accordance with the Manufact urer’ Preventative Maintenance Manual in effect at the Effective Date of this Warranty, the provisions and requirements of which are incorporated herein by reference. Owner shall maintain records of maintenance and inspections that shall be made available to the Manufactur er and Contractor upon request. If roof leaks are determined to be caused by the Owner's failure to perform routine maintenance and i nspection to the roof system in accordance with the Preventative Maintenance Manual, or otherwise exercise reasonable care for the protectio n and maintenance of the roof system, this Warranty will terminate, be void and the Manufacturer shall have no liability to Owner und er this Warranty. Additionally, if upon investigation it is determined that remedial repairs have been performed inconsistently with th e Manufacturer’s erection plans, specifications and details the Warranty will terminate, be void and Manufacturer shall have no l iability to the Owner under this Warranty. The Manufacturer reserves the right to inspect the roofing system upon reasonable notice to the owne r, and the owner agrees to provide access to the building and roofing system to the Manufacturer. 6. This Warranty is limited to products of the Manufacturer, which are sold and erected within the contiguous United States of America. 7. If this Warranty is issued in conjunction with the purchase of Manufacturer’s standard building or roofing system components wi thout a designed metal building or roofing system being provided by Manufacturer, this Warranty excludes and will not apply to any leak ing or failure caused, in whole or in part, by improper design, specification, selection or coordination of the building system components by Purchaser, or Purchaser’s customers, agents, representatives, contractors, or design professionals. THE MANUFACTURER’ LIABILITY UNDER THIS WARRANTY FOR LABOR AND/OR MATERIALS SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF MATERIALS PLUS REASONABLE INSTALLATION COSTS NOT TO EXCEED THE AMOUNT OF $ 5.00 PER SQUARE FOOT MAXIMUM LIABILITY UNDER THIS WARRANTY. THE MANUFACTURER SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF USE OR LOST RENT, DAMAGE OR LOSS TO THE BUILDING, ITS CONTENTS OR OTHER PROPERTY, EITHER PURSUANT TO THIS AGREEMENT, OR BY REASON OF ANY OTHER CAUSE OR CLAIM, INCLUDING NEGLIGENCE, STRICT LIABILITY, WARRANTY, BREACH OF CONTRACT, OR OTHER CAUSE OF ACTION. IN ALL INSTANCES, THE MANUFACTURER SHALL HAVE THE RIGHT TO APPROVE OR NEGOTIATE ANY CONTRACT FOR REPLACEMENT OR REPAIR. WARRANTY RESPONSIBILITY AND PERFORMANCE : In the event of the occurrence of leaking within the time periods indicated from the Effective Date, the Manufacturer and Contractor must be notified in writing within thirty (30) days of such occurrence. The Ma nufacturer will then examine the roof, or cause it to be examined. Failure to give such timely notice shall discharge and waive any claim pursuant t o this agreement. If, in the Manufacturer’s reasonable judgment, leaking has occurred which is covered by the terms of this Warranty, the Manufacturer a nd Contractor will provide replacement material or repair material, including installation and labor, to correct the leaks in accordance with the following provisions of this Warranty: (a) The Contractor will provide all labor, services, materials, and supplies to repair or correct leaks at Contractor's expense during the Initial Warranty Period and any extension of the Initial Warranty Period. The Initial Warranty Period shall be the first two (2) yea rs from the Effective Date and shall be extended until such time that the roof system has been leak free for a period of (24) consecutive m onths. (b) After the Initial Warranty Period, the Manufacturer shall provide all labor, services, materials, and supplies to repair or correct leaks at the Manufacturer’ expense, subject to the limitations herein. Owner covenants and agrees that during the term of this Warranty, the Owner shall procure, maintain and keep in force, property , casualty, and liability insurance to protect against all insurable losses, and to the full extent that such insurance is available, waives an y and all rights of subrogation, including without limitation, legal, equitable and contractual claims, against the Manufacturer for losses covered by such insurance, whether based upon any cause of action, including, but not limited to, tort, contract, warranty or strict liability. Premium Weathertightness Page 2 of 3 Revised11/12/13
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