Gator Metal Roofing Warranty Information - Roofing & Windows
Table of Contents
METAL ROOF LIFETIME PRODUCT WARRANTY
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.
METAL ROOF LIMITED LABOR WARRANTY
Gator Metal Corp. (“GMC”) extends to the owner (“Owner”) of the building upon which the metal roofing panels and related trim pieces (collectively the “Product”) is installed or affixed by GMC, for a period of five (5) years from installation, that GMC’s work performing the installation or affixing the Product (“Work”) is performed in a good and workmanlike manner in accordance with the Product manufacturer’s specifications of installation guides subject to the following condtions:
CLAIMANT’S OBLIGATIONS
To make a claim, Owner must within thirty (30) days of the warranted condition becoming visible upon reasonable inspection, and in all events within the period of warranty, notify GMC in writing of the condition by sending a letter by nationally recognized overnight courier, return receipt requested, identifying the condition, stating the date of onset, stating the date of installation, and providing contact 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 Work, and an additional sixty (60) days to give notice of its position in regard to the claim, and if it accepts the claim it shall in its sole discretion elect to repair, replace or refinish the Product or Work, or portion(s) thereof, or refund the original installation cost, conditioned upon proof of that cost by the Owner to the satisfaction of GMC. In the event that a decision is made to repair or refinish the Product or Work, and such repair or refinishing does not cure the warranted condition, or in the event GMC does not make election, Owner’s sole remedy shall be a return of the original installation cost. In the even that GMC elects to refund the original installation cost or in that is the remedy provided, the original installation costs shall be conclusively presumed to be thirty-five percent (35%) of the total contract price paid by Owner which price includes both the cost of the Product and Installation, and will be refunded on a prorated five year basis.
NO OTHER LIABILITY OR REMEDY
Notwithstanding anything else contained herein to the contrary, it is expressly understood and agreed that GMC’s sole 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 original installation, even if GMC has been advised of the possibility of damages. 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, costs of renting replacements or any loss or damage resulting from water intrusion or mold. 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 condensates 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 by persons or entities other than GMC; 4) repairs are attempted by persons or entities other than GMC; or 5) damage is caused by other conditions in the building or the work of others. GMC accepts no responsibility for the underlying roof structures. Under no circumstances shall GMC be liable in any way to anyone for delays, failure in performance, or loss or damage due to force majeure conditions, orevents including but not limited to: fire, lightning, strike, embargo, explosion, power surge or failure, acts of war, terrorism or civil disobedience, 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 reserves 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 connection with its installation of 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, BUT NOT LIMITED TO, THE WARRANTY OF MERCHANTABILITY, AND ALL WARRANTIES OF PARTICULAR PURPOSE.
WINDOW LIFETIME LIMITED WARRANTY
Gator Window Corp., offers the following warranties for the HeatShield 5000 replacement windows manufactured for Gator Window Corp. aka Gator Metal Roofing, to the Original Property Owner in whose property the windows were installed. This warranty remains in effect for as long as the Original Property Owner shall own and reside in the property, from the date of installation, under normal use, against specific defects in material occurring as a direct result of the manufacturing process ans subject to the terms and conditions set forth in this Transferable Lifetime Limited Warranty. In the event a defect is found as a direct result of the manufacturing process, Gator Metal Roofing will furnish a replacement part or parts at no charge to the Original Purchaser.* In all cases, transportation and shipping charges and installation are payable to the claimant. See “Transfer of Warranties” for an explanation of transfer rights.
TRANSFERABLE LIFETIME LIMITED WARRANTY ON VINYL SASH AND MAIN FRAME
For as long as the Original Property Owner shall own and reside in the property, the white and beige vinyl sash and main frame of the basic window or patio door unit will be warranted against cracking, peeling, flaking, blistering or corroding. In the event a defect is found as a direct result of the manufacturing process, Gator Metal Roofing will furnish a replacement part or parts at no charge to the Original Purchaser. Transportation and labor charges are payable by the Original Property Owner. Caulking is not considered part of the product and therefore is not covered under this warranty. See “Transfer of Warranties” for transfer. Color fade is warranted not to exceed 5 Delta E calculated in accordance with ASTM D2244 for the same 15-year period. Weathering and minimal fading are to be expected and not warranted.
TRANSFERABLE LIFETIME LIMITED WARRANTY ON BALANCES & LOCKING SYSTEMS OF THE BASIC UNIT
or as long as Original Property Owner shall own and reside in the property, the moving parts consisting of the balances and locking system are warranted against defects in material. In the event a defect is found as a direct result of the manufacturing process, Gator Metal Roofing will furnish a replacement part or parts at no charge to the Original Property Owner. Transportation and labor charges are payable by the Original Property Owner. See “Transfer of Warranties” for transfer rights.
TRANSFERABLE LIFETIME LIMITED WARRANTY AGAINST GLASS FAILURE
For as long as the Original Property Owner shall own and reside in the property, the sealed insulated glass is warranted against the development of material obstruction of vision as a result of manufacturing defect resulting from film formation or dust collection between the interior glass surfaces, caused by failure of the hermetic seal under normal use. If such a failure occurs, Gator Metal Roofing shall furnish at no charge, new insulated glass to the Original Property Owner that purchased the window. The transferable lifetime limited warranty against glass failure is applicable to all single hung, double hung slider, casement, awning, picture, bay and bow windows only. Transportation and labor charges are payable by the Original Property Owner. The pro-rated schedule in “Transfer of Warranty” below will be applied to all garden windows, architectural shapes, patio doors, bent glass, beveled glass, grooved glass, and decorative glass.
TRANSFERABLE LIFETIME LIMITED WARRANTY AGAINST GLASS BREAKAGE
For as long as the Original Property Owner shall own and reside in the property, should the glass in the window accidentally break or crack, Gator Metal Roofing will furnish new insulated glass at no charge. Transportation and labor charges are payable by the Original Property Owner. See “Transfer of Warranties” for transfer rights. The transferable lifetime limited warranty against glass breakage is applicable to all double hung, slider, casement, awning, picture, bay and bow windows only. The transferable lifetime limited warranty against glass breakage does not apply to garden windows, architectural shapes, bent glass, beveled glass, grooved glass, tempered glass, decorative glass, or windows that exceed Gator Metal Roofing size limitation, or apartment, condominium, non-owner occupied and commercial buildings. For a period of ten (10) years from the date of installation, Gator Metal Roofing warrants that the coating, laminates, and capstock applied and sold by Gator Metal Roofing will not blister or peel.
TRANSFER OF WARRANTY
This Transferable Lifetime Limited Warranty is transferable one time only by the Original Property Owner to the subsequent owner of the property, provided Gator Metal Roofing receives written notice of the transfer of title to all property within 30 days of the date of transfer of ownership. The written notice must also include a certified check for $50.00 to cover warranty transfer processing costs. Failure to give proper and timely notification or payment to Gator Metal Roofing shall relieve Gator Metal Roofing of any further obligation under this Transferable Lifetime Limited Warranty and will result in the cancellation of warranty coverage. Upon Gator Metal Roofing receiving proper notice and payment, this Transferable Lifetime Limited Warranty shall become a 30-year prorated warranty beginning from the original installation date of the products). Thereafter, in order to receive a replacement part under this warranty, the subsequent owner of the property must pay Gator Metal Roofing a percentage of the then applicable retail list price for the replacement part as follows:
- 1 to 10 years – 0%
- 11 to 15 years – 50%
- 16 to 20 years – 70%
- 21 to 25 years – 75%
- 26 to 30 years – 80%
- 30+ years – 100%
COMMERCIAL BUILDINGS
Because this transferable lifetime limited warranty was created to cover individual property owners for the original property owner’s lifetime, and corporations, government entities, religious organizations, trusts, condominiums, or cooperative housing arrangements, intangible legal entities, or any other entity is capable of an infinite life for such entities. The duration of the warranty is thirty (30) years from the date of installation. Warranty is thirty (30) years from the date of installation is non-transferable and for any of the claims under this warranty, and in order to receive a replacement part, the entity must pay Gator Metal Roofing a percentage of the applicable rent retail list price for the replacement part as listed in transfer of warranty. Transportation and labor charges are payable by the original property owner.
CLAIM AND TRANSFER PROCEDURE AND OTHER WARRANTY PROVISIONS
For the best warranty service, please contact Gator Metal Roofing who can offer the local service required. Any direct claim for defect under this Transferable Lifetime Limited Warranty must be made in writing to Gator Metal Roofing, 140 Spaceway Ct., #125, Garner, NC 27529. ATTENTION: WARRANTY CLAIM CLERK. Please visit our website gatormetalroofing.com to submit a warranty claim. In the event of a claim, the writing should describe the claimed defect, date of the product installation and proof of purchase. Allow a reasonable time for inspection purposes if determined to be necessary. Replacement parts or components furnished by Gator Metal Roofing under this warranty will have the standard color available at the time. A color variance may occur between new parts or components in comparison to the original due to weathering exposure and would not be indicative of a defect in the part or component. Transportation and labor charges are the responsibility of the property owner.
Gator Metal Roofing reserves the right to discontinue or change the manufacture of any window or patio door. If the part or component of the window or patio door originally installed is not available, Gator Metal Roofing shall have the right to substitute a compatible part or component at its discretion. Neither this Transferable Lifetime Limited Warranty or Gator Metal Roofing warrants installation, or defects caused by installation. This warranty covers only manufacturing defects and does not cover the cost of removal, installation, refinishing, pickup or delivery of defective replacement parts or products. This warranty does not cover any other damages or material failure including, but not limited to, normal weathering of sash and main frame, screen and screen frame, oxidation, intentional damage, fire, flood, hail, lightning or other Acts of God, chemical pollutants, mildew, negligent maintenance, vandalism, misuse, fading, building settlement, structural defects, damage caused by foam insulating products or damage due to stress resulting from localized heat sources causing excessive temperature differentials over the glass surfaces or edges. This warranty does not apply if the window has been painted, stained, varnished, or coated with any other substance unless authorized and applied as specified by Gator Metal Roofing.
Normal weathering may cause any surface to oxidize, chalk, or accumulate dirt or stain due to varying exposure to sunlight, weather, and atmospheric conditions over which Gator Metal Roofing has no control. As such, normal weathering is not covered under this warranty.
Condensation on the exterior windows or patio doors may occur as the natural result of humidity within the home and changes in interior and/or exterior temperature and does not indicate a defect in the window or patio door. This warranty does not cover condensation, frost, or freezing from condensation forming on the outside of the sealed glass unit.
No representative of Gator Metal Roofing has authority to change or modify this Transferable Lifetime Limited Warranty in any respect unless the change or modification is in writing and signed by an officer of Gator Metal Roofing. The foregoing states the EXCLUSIVE REMEDY of the property owner and the entire liability of Gator Metal Roofing. GATOR METAL ROOFING SHALL NOT BE LIABLE IN ANY EVENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you. This warranty gives you specific legal rights and you may also have other rights that vary from state to state.
* In the event a defect is found as a direct result of the manufacturing process, Metal Roofing will furnish a replacement part or parts at no charge to the Original Purchaser. In all cases, shipping or transportation and labor charges are payable by the Claimant. See “Transfer of Warranties” for an explanation of transfer rights.
