Limited Express Workmanship Warranty
Contractor warrants that it will complete roofing and construction projects in a workmanlike manner and will correct and conform any defects caused by faulty workmanship for a period of five years on complete tear-off and replacement roofing and for a period of 3 mounths on layover roofing, repairs, siding, guttering, painting and all other construction related projects.
No employee or representative of Contractor is authorized to modify this warranty in any way or grant any other warranty. Contractor shall not be responsible to Owner for defective material purchased or damages due to installation of any material that may or may not have or develop defects from manufacturing. Owner shall have the benefit of all warranties given by manufacturers pertaining to any materials used in the construction project. Owner may transfer warranty one time within the first year of the warranty period and all warranties are non-transferable thereafter. Any warranty transfer must be registered by certified mail within three days of such transfer to be valid and accepted by Contractor.
Warranty excludes and does not cover damages caused by lightning, gale force winds greater than 100km per hour, excessive foot traffic on roofing, hurricanes or any named storm, tornadoes, hail, ice damning or related ice damages, impact of any foreign objects, damage due to settlement, distortion, failure or cracking of the roof deck, walls or foundation of property, or any other violent storm or casualty that is considered an Act of God and out of our control. This warranty is not a maintenance agreement of any kind. Warranty is automatically void in its entirety if billing statement is not paid in full within thirty days of completion date per contract terms and conditions, property is not properly maintained or property is damaged due to owner negligence, whether accidental, intentional or by criminal conduct, should owner or any other contractor or person perform any services or repair that penetrate, impact or change the finished roof deck or any other part of a structure on which contractor performed work.
Contractor is not responsible for any damages that occur as a result of any other contractor or person performing services. In no event shall Contractor be liable to Owner for the cost of repairs, materials or the labor furnished by anyone other than Contractor unless Contractor consents in writing by certified mail to such expense prior to expense being incurred. Contractor is not liable for any damages below the roof deck after one hundred twenty days of completion date per billing statement. Contractor is responsible for roofing surface only subsequent to that time. Owner must notify Contractor of any warranty repair request required under this contract as specified. Contractor shall not be liable for damages of any kind unless notified by certified mail within five business days of such damage. Notice may be given orally, however, it is understood that Owner cannot pursue any claim that this warranty was not honored unless certified mailing was completed according to the contract terms and conditions. Contractor shall not legally recognize any warranty request that has not properly been filed.
Upon receipt of properly filed warranty request, Contractor will examine the roofing or other construction performed and determine the extent of its responsibility under this warranty and notify owner of its decision and findings within seven business days. If it is determined that the warranty request is the responsibility of Contractor, Contractor shall promptly complete the required repairs necessary to comply with this warranty. Contractor reserves the right to have warranty work performed on its behalf by a third party. Should Owner file a warranty request and the requested inspection results in the Contractor not being responsible under the original contract terms and conditions and this limited express workmanship warranty, Owner understands and agrees to pay contractor for a base service call, and a determined fee for any and all work performed, cost of any materials used or other costs incurred and any travel or delivery fees.
Except for the limited express workmanship warranty herein granted, and to the extent permitted by law, Contractor expressly disclaims any and all other warranties, both express and implied, including, but not limited to, warranties of merchantability or fitness for a particular purpose and any liability or responsibility for inconvenience, loss of time, loss of use, incidental, special or other consequential damages including, but not limited to, repair or replacement for any interior water damage. This warranty is subject to the original contract terms and conditions and is issued and effective having received all payments as specified per contract. The warranty is only valid if waterproofing and roofing is maintained and serviced once a year by Contractor Ryan Constant t/a Apex Projects otherwise the warranty shall be considered void.
