Gator Metal Corp. (“GMC”) extends the following limited warranty to the owner of the building (“Owner”) upon which the metal roofing panels and related trim pieces (collectively the “Product”) are installed for so long as Owner owns the building upon which the Product is initially installed, and for a period of three (3) years after the sale of the building to a third party; that the Product will not break, crack, check, peel, chalk, rust, fade or change color subject to the following terms and conditions: 

DEFINITIONS:
“Break” or “crack” refers to a break in the physical structure of the Product sufficient to expose the underlying surface upon an ordinary visual inspection. “Check” refers to a shallow break in the coating which does not expose the underlying surface which is evident upon an ordinary visual inspection. “Peel” refers to the outer coating becoming detached from the underlying surface which is evident upon an ordinary visual inspection. “Chalk” refers to formation of loose removable powder from the surface of the Product which is evident upon an ordinary visual inspection. “Rust” refers to visible corrosion evident upon ordinary visual inspection. “Fade” or “color change” refers to a change in the color in excess of seven (7) units of color difference in NBS units when measured according to the standard procedures set forth in ASTM-225 for washed areas in excess of 1 foot square.

OWNER’S OBLIGATIONS:
To make certain the Owner must within thirty (30) days of the warranted condition becoming visible upon reasonable inspection, and all in events within the period of warranty, notify GMC in writing of the condition by sending a letter by a nationally recognized overnight courier, return receipt requested, identifying the condition, stating the date of onset, stating the purchase date, and providing contact information and location information to: Gator Metal Corp. 140 Spaceway Ct, #125, Garner, NC 27529. 

EXCLUSIVE REMEDY: 
Upon receipt of a written notice of a warranted condition, GMC shall have ninety (90) days to inspect the Product and an additional thirty (30) days thereafter to give notice of it’s position regarding the claim, and if it accepts the claim shall in its sole discretion elect to repair, replace or refinish the defective Product or portion thereof, or refund the original purchase cost of the Product as set out below prorated over the warranty period, specifically excepting costs and expenses of installation, conditioned upon satisfactory proof of the original purchase cost by Owner satisfactory to GMC. In the even that a decision is made to repair or refinish the Product and such repair or refinishing does not cure the warranted condition, or in the event GMC does not make an election or otherwise respond to Owner’s notice, Owner’s sole remedy shall be a return of a pro-rated portion of the original purchase cost of the Product as defined below. in the event that GMC elects to refund a portion of the original purchase cost as herein defined, or if that is the remedy provided, the original purchase cost shall be conclusively presumed to be thirty-five percent (35%) of the total contract price by Owner which price includes both the cost of the Product and installation, and will be refunded on a prorated basis over the life of the Product, which for these purposes only will be conclusively presumed to be fifty (50) years. 

NO OTHER LIABILITY OR REMEDY:
Notwithstanding anything else contained herein to the contrary, it is expressly understood and agreed that GMC’s liability and Owner’s sole remedy, whether in contract, tort, warranty, strict liability or other theory in law, equity or by statue where proper, shall not exceed the cost of the Product, expressly excluding labor costs and expenses, costs of renting replacements and any additional expenses, even if GMS has been advised of the possibility of such expenses. Under no circumstances shall GMC be liable for special, incidental, consequential, punitive, exemplary or liquidated damages including, but not limited to, person injury, property damage, damage to or loss of equipment, loss of use, loss of profits or revenue, labor costs and expenses, or costs of renting replacements. GMC shall not be liable for any damage, or loss or expense resulting from Owner’s negligence, whether active or passive, and whether or not such is the sole cause of the damage, loss or expense. GMC shall not be liable for any damage, loss or expense as a result of any other party’s materials or product which may cause or allegedly cause, in whole or in part, damage, loss, expense or deterioration to the Product.

EXCLUSIONS:
This warranty does not apply when: 1) the Product is exposed or subject to (a) saltwater marine atmospheres or constant spray of either salt or fresh water, unless Owner complies with the Product manufacturer’s recommendations and instructions for further use of the Product in such atmospheres; (b) fallout, corrosive chemicals, fumes, ash, cement dust or animal waste; (c) run-off from lead or copper flashing or areas in metallic contact with lead or copper; or (d) corrosive fumes or condensated generated or released inside the building; 2) the Product is applied to a roof having a pitch of less than 2:12, 3) the Product is damaged in shipment, storage or during installation; 4) the Product is not installed according to Product manufacturer’s approved installation procedures; or 5) the Product is not installed by an installer or contractor approved by GMC in advance of the installation. GMC accepts no responsibility for the underlying roof structures. Under no circumstances shallGMC be liable in any way to anyone for delays, failure in performance, or loss or damage due to force majeure conditions, or events including but not limited to: fire, lightning, strike, embargo, explosion, power surge or failure, acts of war, terrorism or civildisobedience, labor or employment disputes, acts of God, acts of civil or military authority, inability to secure materials, fuel, products or transportation facilities, acts or omissions of suppliers, or any other causes beyond its reasonable control, whether or not similar to the foregoing. 

MODIFICATION:
GMC reserved the right to amend or modify this Limited Warranty upon thirty (30) days advance notice to Owner; however, no such amendment or modification shall materially or substantially reduce or limit the warranties extended to Owner herein. MERGER: GMC makes no other representations, warranties, or agreements express or implied in on connection with the Product. 

APPLICABLE LAW/EXCLUSION FORUM:
North Carolina law, excluding choice of law provisions, applies to the Limited Warranty. Any action to enforce this Limited Warranty or other claim must be brought in the Superior Court for Wake County, North Carolina. 

GMC MAKES NO OTHER WARRANTY, EXPRESS OR IMPLIED, AND TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL OTHER WARRANTIES EXPRESS OR IMPLIED, INCLUDING, BUTNOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, AND WARRANTIES OF PARTICULAR PURPOSE.