Serpentine Cedar ltd. Warranty

 Serpentine Cedar Ltd.

30 & 50 Year Limited Warranty

 

PRODUCTS AND PERSONS COVERED

 

This limited warranty (the "Warranty") covers Serpentine Cedar Ltd. shakes and shingles ("Our Product"). This Warranty may be enforced only by the original home/building owner (the original owner).

 

TERMS OF LIMITED WARRANTY

 

Subject to the limitations and exclusions set forth below, Serpentine Cedar Ltd. (the "Company") warrants to the original owner that Our Product has been manufactured, inspected and graded in accordance with UBC 32-8 and 32-11 Standards will remain free from leaks caused by original product defects, for a period of 30 years.

 

 

30 Year

Product Type

Dimensions

 

Split and Resaw

24" x 1/2”

100% Edge Grain

Split and Resaw

24" x 5/8"

100% Edge Grain

Split and Resaw

24" x 3/4"

100% Edge Grain

Taper Sawn

24” x 5/8"

100% Edge Grain

Taper Sawn

24" x 3/4"

100% Edge Grain

Taper Split

24" x 1/2"

100% Edge Grain

50 Year

Product Type

Dimensions

 

Split and Resaw

24" x 7/8"

100% Edge Grain

Taper Sawn

24" x 7/8"

100% Edge Grain

 

 

REMEDIES

 

If Our Product leaks within the applicable warranty period due to an original product defect, the Company shall, upon receiving a bona fide warranty claim, at its sole discretion and subject to the limitations and exclusions set forth below, either (a) furnish replacement shakes or shingles, or (b) refund a pro rata portion (the "Pro Rata Refund") of the amount the original owner paid for the purchase of the defective shakes.  

 

These remedies are the exclusive and sole remedies available under this Warranty.

 

In the case of replacement the Company shall be responsible only for the cost of purchasing replacement product (the "Replacement Cost") up to a maximum amount equivalent to the amount of any Pro Rata Refund that would be paid for the same warranty claim. The original owner shall be responsible for any replacement costs above this maximum amount, as well as any additional expenditures for labor or materials, such as tear-off (product removal) costs, or the cost of installing, repairing or replacing venting, metal work, flashings, underlayments, fasteners or other related materials.

 

In the case of Pro Rata Refund, the amount of the refund shall be determined and calculated as follows: (30 – n) x Replacement Cost, where n = the number of years the product has been installed.

 

LIMITATIONS AND EXCLUSIONS

 

The warranty shall not be effective unless each and every bundle of product applied to the roof carries the Serpentine Cedar Ltd. identifying label.

 

The warranty shall not apply to cedar shakes and shingles installed in Alabama, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Texas (in the counties of Angelian, Austin, Brazos, Chambers, Fort Bend, Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Orange, Liberty, Montgomery, Newton, Polk, Sabaine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller and Washington), Virginia and West Virginia, or any other jurisdiction where Our Product will be required to be treated with a CCA preservative in accordance with prescribed standards.

 

If Our Product has been treated with a CCA preservative in accordance with prescribed standards, then this Warranty shall not apply as the Warranty of the preservative treater’s Warranty supercedes this Warranty.

 

If Our Product has been treated with fire retardation according to standards as set forth in Uniform Building Code Standard No. 32-7, UL-790, Fire Retardancy of Roof-Covering Materials (the “standard”), then this Warranty shall not apply as the Warranty of the fire retardation treater’s Warranty supercedes this Warranty.

 

This warranty does not cover:

 

1. Improper installation: failure due to improper installation or application not in accordance with the specifications of the Company and those described by the Cedar Shake & Shingle Bureau.

2. Tear-off and other costs: tear-off (product removal) costs, or the cost of installing, repairing or replacing ventings, metal work, flashings, underlayments, fasteners or other related materials.

3. Unapproved use: use of Our Product for any purpose other than roofing & siding.

4. Extended use: failure due to hurricane, tornado, hail, lightning, flood, fire, explosion, mudslide, earthquake, volcanic eruption, falling objects, aircraft, vehicles, accidents, riot, civil commotion, war or acts of God.

5. Failure caused by other circumstances: failure caused by settling of the home/building foundation, warping, distortion, failure of the roof dock or walls, or damages caused by venting, metal work, flashings, underlayments, fasteners or other materials used in the application of the roof.

6. Neglect: failure caused by neglect, abuse, misuse or improper upkeep or maintenance.

7. Improper handling: failure caused by improper handling, shipment or storage.

8. Improper maintenance: failure due to build up of moss, leaves, needles, branches or other debris or damage resulting from improper repair, improper power washing or improper attempted repair.

9. Insects or animals: failure caused by insects or animals.

10. Improper ventilation or damage: failure caused by improper ventilation or roof drainage that is not in accordance with FHA standards.

11. Modifications: failure due to repairs or alterations made to the roof or walls after their original installation of Our Product.

12. Paints or coatings:  failure or damages caused by paints, coatings, or other solutions applied or spilled on Our Product.

13. Other products:  failure caused by flashings, vents, underlayments, skylights, solar heating apparatus, or other similar installations.

14. Consequential damage: any damage of any kind whatsoever, including damage to the interior or exterior of the home/building.

15. Factors beyond the Company's control: failure caused by factors that are beyond the control of the Company. The serviceable life of the Our Product is affected by several factors such as climate index, quality of installation, maintenance, normal wear and tear, ventilation, and the type and quality of the underlayments. The Company assumes no responsibility for Our Product failure or damage caused by these factors.

 

DISCLAIMER REGARDING LIMITATION OF LIABILITY

 

The Warranty is in lieu of any other Warranty, oral or written, express or implied, made by the Company except as expressly provided herein.  The Company shall not be liable for any incidental, consequential, personal or property damages (including damages to the home/building or its contents, occupants or installers) resulting from Our Product or its installation. 

 

The laws of Canada and the United States may vary from Province to Province and State to State in regard to duration of implied warranties, and limitations of incidental or consequential damages contained in such implied warranties.  In any event, the Company will comply with the laws of the Province or State in which such a warranty is implied.