Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence. B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System. C. Duro-Last is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to: 1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or 2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or 3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or 4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings. D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane. E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System. F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building. G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date. I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law. J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues. K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 5 contracts
Sources: Vendor Agreement, Vendor Agreement, Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable passes to subsequent future Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastbuilding for the full 15 years hereof.
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
. Duro-Last and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or the United States Federal District Court for the Eastern District of Michigan in Bay City, shall have the exclusive jurisdiction to determine any and all disputes, or claims relating to this No-Dollar Limit Warranty and do hereby submit themselves to the sole personal jurisdiction of those Courts. J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 3 contracts
Sources: Vendor Agreement, Vendor Agreement, Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including assembly aside from the Duro-Last System. Duro-Last shall not be liable for any condensation in the building or roof assembly or any design defects that result in water penetrating into the building. Duro-Last shall not be liable for any damage to the building or leaks caused by inadequate or insufficient drainage; nor shall .
C. Duro-Last shall not be liable for any other products aside from the Duro-Last System.
C. D. Duro-Last is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by winds in excess of 55 mph measured in 3 second gusts at 10 meters (33 feet) high, fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by rooftop traffic, or by chemicals not normally found in nature or the like; or
4) Interior Construction generated moisture, condensation and/or or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings; or
5) Incompatible substrates or materials not supplied by Duro-Last that come into contact with the Duro-Last membrane.
D. E. Duro-Last does not warranty the watertightness of tie-ins to 1) a standing seam metal roof or 2) any other roofing system.
F. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. G. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System. Further, Duro-Last shall not be responsible for any changes in appearance or aesthetic surface imperfections.
F. H. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. I. Owner must notify Duro-Last in advance of any material change in the building’s use or purpose. Duro-Last reserves the right to void this Warranty if in Duro-Last’s sole discretion, the change in the building’s use or purpose adversely affects the Duro-Last System’s ability to perform as originally installed.
J. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-LastLast System prior to the transfer of this Warranty. The Owner (undersigned below) must pay for any non-warranted repairs identified by Duro-Last during the pre-transfer inspection. A transfer of this Warranty shall not be effective unless all outstanding Duro-Last invoices have been satisfied. OVER: Continued on Back
H. K. This No-Dollar Limit Warranty must be signed by the Owner, the Contractor and a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-LastDuro-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. L. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of lawlaw principles. Duro-Last and Owner hereby agree that any controversy or claims between them or involving the Duro-Last System in any way shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration hearing will be conducted in Saginaw, Michigan.
J. M. No claim, suit, or other proceeding claim arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. N. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 3 contracts
Sources: Vendor Agreement, Vendor Agreement, Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including assembly aside from the Duro-Last System. Duro-Last shall not be liable for any condensation in the roof assembly or any design defects that result in water penetrating into the building. Duro-Last shall not be liable for any damage to the building or leaks caused by inadequate or insufficient drainage; nor shall drainage and/or ponding water.
C. Duro-Last shall not be liable for any other products aside from the Duro-Last System.
C. D. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by rooftop traffic, or by chemicals not normally found in nature or the like; or
4) Interior Construction generated moisture, interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. 5) Incompatible substrates or materials not supplied by Duro-Last that come in contact with the Duro-Last membrane.
E. Duro-Last does not warrant warranty the watertightness of tie-ins to 1) a standing seam metal roof or 2) any other roofing system.
F. Duro-Last does not warranty the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. G. Duro-Last does not warrant warranty against color change and/or pattern change and/or print change in the Duro-Last System.
F. H. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. I. Any change in the building’s use or purpose voids this Warranty.
J. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent authority of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last System prior to the transfer of this Warranty. The Owner, (under- signed below) must pay Duro-Last’s then in effect warranty transfer fee and must also pay for any non-warranty related repairs identified Over: Continued on Back
H. K. This No-Dollar Limit Warranty must be signed by the Owner, the Contractor and a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. L. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law. Duro-Last and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or the United States Federal District Court for the Eastern District of Michigan in Bay City, shall have the exclusive jurisdiction to determine any and all disputes or claims relating to this Warranty and do hereby submit themselves to the sole personal jurisdiction of those Courts.
J. M. Owner shall maintain and keep in force: property, casualty and liability insurance necessary to protect against all insurable losses. Owner agrees to waive any and all rights of subrogation against Duro-Last for losses covered by such insurance.
N. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. O. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 1 contract
Sources: Warranty
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including assembly aside from the Duro-Last System. Duro-Last shall not be liable for any condensation in the roof assembly or any design defects that result in water penetrating into the building. Duro-Last shall not be liable for any damage to the building or leaks caused by inadequate or insufficient drainage; nor shall drainage and/or ponding water.
C. Duro-Last shall not be liable for any other products aside from the Duro-Last System.
C. D. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by rooftop traffic, or by chemicals not normally found in nature or the like; or
4) Interior Construction generated moisture, interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. 5) Incompatible substrates or materials not supplied by Duro-Last that come in contact with the Duro-Last membrane.
E. Duro-Last does not warrant warranty the watertightness of tie-ins to 1) a standing seam metal roof or 2) any other roofing system.
F. Duro-Last does not warranty the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. G. Duro-Last does not warrant warranty against color change and/or pattern change and/or print change in the Duro-Last System.
F. H. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. I. Any change in the building’s use or purpose voids this Warranty.
J. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent authority of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last System prior to the transfer of this Warranty. The Owner, (under- signed below) must pay Duro-Last’s then in effect warranty transfer fee and must also pay for any non-warranty related repairs identified Over: Continued on Back
H. K. This No-Dollar Limit Warranty must be signed by the Owner, the Contractor and a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. L. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law. Duro-Last and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or the United States Federal District Court for the Eastern District of Michigan in Bay City, shall have the exclusive jurisdiction to determine any and all disputes or claims relating to this Warranty and do hereby submit themselves to the sole personal jurisdiction of those Courts.
J. M. Owner shall maintain and keep in force: property, casualty and liability insurance necessary to protect against all insurable losses. Owner agrees to waive any and all rights of subrogation against Duro-Last for losses covered by such insurance.
N. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. O. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.. THIS WARRANTY AND THE RESPONSIBILITIES AND REMEDIES STATED HEREIN ARE EXPRESSLY AGREED TO BY OWNER AND DURO-LAST AND CONSTITUTE THE SOLE WARRANTY AND REMEDIES OF THE OWNER FOR ANY ALLEGED DEFECT OR FAILURE OF THE DURO-LAST SYSTEM, WHETHER MEMBRANE, ACCESSORIES, OR CONTRACTOR WORKMANSHIP. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED IN FACT, LAW OR CUSTOM) THAT EXTEND BEYOND THE EXPRESS TERMS STATED IN THIS WARRANTY TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. OWNER AND DURO-LAST TOGETHER JOINTLY DISCLAIM ANY OTHER OR FURTHER WARRANTIES EXCEPT THOSE INCLUDED IN THIS WARRANTY. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN. THE REPAIR OR REPLACEMENT PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. DURO-LAST WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, LOST USE OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCTS, BREACH OF THIS AGREEMENT, DELAY, NON-DELIVERY, NON- PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED, RELEASED, AND EXCLUDED. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THESE TERMS. OWNER ACKNOWLEDGES THESE LIMITATIONS AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE SO BOUND. ANY PAYMENT FOR THE DURO-LAST SYSTEM OR REGISTRATION OF THE WARRANTY WITH DURO-LAST SIGNIFIES THAT THE OWNER HAS VOLUNTARILYAND KNOWINGLY CONSENTED TO ALL TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH A LIMITATION 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. If any provision or individual term herein is invalid or unenforceable under any applicable law, the provision or term will be ineffective to that extent and for the duration of the illegality, but the remaining provisions and terms will be unaffected. Signature of Duro-Last QA Tech Rep or QA Manager Name of Building Signature of Owner Address of Building Owner (printed) City, State & Zip of Building Signature of Contractor Building Designation Contractor (printed) Effective Date Square Footage Serial No. Warranty No. 25 AND 30-YEAR WARRANTY REQUIREMENTS 25-Year NDL 30-Year NDL Other Criteria High Wind Additional Costs Approved Deck Types for Mechanically Fastened Systems * Steel * Concrete (steel plates only) * Approved Deck Types for Adhered Systems ** Mechanically fastened Insulation and/or cover board (any layers) Adhered Insulation and/or cover board (all layers) Mechanically fastened Insulation and/or cover board (any layers) Adhered Insulation and/or cover board (all layers) Steel ** Concrete (steel plates only) ** Allowable Adhesives
Appears in 1 contract
Sources: Warranty
Limitations and Exclusions. A. This No-No Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage, and/or ponding water on the Duro-Last System; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insectsinsects or hail greater than 1 (one) inch in diameter as reported by CoreLogic or the National Climatic Data Center; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System. Further, Duro-Last shall not be responsible for any changes in appearance or surface imperfections caused by hail incidents.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable shall not be transferred or assigned to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastany future Owners.
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-No- Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.. Duro-Last and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or the United States Federal
J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Owner shall maintain and keep in force: property, casualty and liability insurance necessary to protect against all insurable losses. Owner agrees to waive any and all rights of subrogation against Duro-Last for losses covered by such insurance.
L. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.. THIS NO-DOLLAR LIMIT WARRANTY AND THE RESPONSIBILITIES AND REMEDIES STATED HEREIN ARE EXPRESSLY AGREED TO BY OWNER AND DURO-LAST AND CONSTITUTE THE SOLE WARRANTY AND REMEDIES OF THE OWNER FOR ANY ALLEGED DEFECT OR FAILURE OF THE DURO-LAST SYSTEM, WHETHER MEMBRANE, ACCESSORIES, OR CONTRACTOR WORKMANSHIP. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED IN FACT, LAW OR CUSTOM) THAT EXTEND BEYOND THE EXPRESS TERMS STATED IN THIS NO-DOLLAR LIMIT WARRANTY TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. OWNER AND DURO-LAST TO- GETHER JOINTLY DISCLAIM ANY OTHER OR FURTHER WARRANTIES EXCEPT THOSE INCLUDED IN THIS DOCU- MENT. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAYARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN. THE REPAIR, OR REPLACEMENT PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REME- DIES. DURO-LAST WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OFANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, LOST USE OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCTS, BREACH OF THIS AGREEMENT, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED, RELEASED, AND EXCLUDED. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THESE TERMS. OWNER ACKNOWLEDGES THESE LIMITATIONS AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE SO BOUND. ANY PAYMENT FOR THE DURO-LAST SYSTEM OR REGISTRATION OF THE WARRANTY WITH DURO-LAST SIGNIFIES THAT THE OWNER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH A LIMITA- TION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Saginaw, MI 48601
Appears in 1 contract
Sources: Warranty
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇by winds in excess of 54 mph measured in 3 second gusts at 10 meters (33 feet) high, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastof
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by and construed in accordance with the laws of the State state of Michigan Tennessee without regard to principles of conflicts of lawlaw principles.
J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 1 contract
Sources: Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-LastDuro-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances. THIS NO-DOLLAR LIMIT WARRANTY AND THE RESPONSIBILITIES AND REMEDIES STATED HEREIN ARE EXPRESSLY AGREED TO BY OWNER AND DURO-LAST AND CONSTITUTE THE SOLE WARRANTY AND REMEDIES OF THE OWNER FOR ANY ALLEGED DEFECT OR FAILURE OF THE DURO-LAST SYSTEM, WHETHER MEMBRANE, ACCESSORIES, OR CONTRACTOR WORKMANSHIP. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED IN FACT, LAW OR CUSTOM) THAT EXTEND BEYOND THE EXPRESS TERMS STATED IN THIS NO-DOLLAR LIMIT WARRANTY TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. OWNER AND DURO-LAST TOGETHER JOINTLY DISCLAIM ANY OTHER OR FURTHER WARRANTIES EXCEPT THOSE INCLUDED IN THIS DOCUMENT. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN. THE REPAIR, OR REPLACEMENT PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. DURO- LAST WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, LOST USE OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCTS, BREACH OF THIS AGREEMENT, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED, RELEASED, AND EXCLUDED. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THESE TERMS. OWNER ACKNOWLEDGES THESE LIMITATIONS AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE SO BOUND. ANY PAYMENT FOR THE DURO-LAST SYSTEM OR REGISTRATION OF THE WARRANTY WITH DURO-LAST SIGNIFIES THAT THE OWNER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH A LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Name of Building Signature of Owner Address of Building Owner (printed) City, State & Zip of Building Signature of Contractor Building Designation Contractor (printed) Effective Date Square Footage Serial No. Warranty No.
Appears in 1 contract
Sources: Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-LastDuro-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.. THIS NO-DOLLAR LIMIT WARRANTY AND THE RESPONSIBILITIES AND REMEDIES STATED HEREIN ARE EXPRESSLY AGREED TO BY OWNER AND DURO-LAST AND CONSTITUTE THE SOLE WARRANTY AND REMEDIES OF THE OWNER FOR ANY ALLEGED DEFECT OR FAILURE OF THE DURO-LAST SYSTEM, WHETHER MEMBRANE, ACCESSORIES, OR CONTRACTOR WORKMANSHIP. THERE ARE NO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (EITHER EXPRESS OR IMPLIED IN FACT, LAW OR CUSTOM) THAT EXTEND BEYOND THE EXPRESS TERMS STATED IN THIS NO-DOLLAR LIMIT WARRANTY TO THE FULL EXTENT DISCLAIMER IS PERMITTED BY LAW. OWNER AND DURO-LAST TOGETHER JOINTLY DISCLAIM ANY OTHER OR FURTHER WARRANTIES EXCEPT THOSE INCLUDED IN THIS DOCUMENT. IN ANY EVENT, ANY IMPLIED WARRANTY THAT MAY ARISE BY LAW IS LIMITED IN DURATION TO THE TERM HEREIN. THE REPAIR, OR REPLACEMENT PROVIDED HEREIN IS EXCLUSIVE AND IN LIEU OF ALL OTHER REMEDIES. DURO- LAST WILL HAVE NO LIABILITY TO ANYONE FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOST PROFITS, LOST USE OR ANY OTHER PECUNIARY DAMAGE, WHETHER DUE TO ANY DEFECT IN THE PRODUCTS, BREACH OF THIS AGREEMENT, DELAY, NON-DELIVERY, NON-PERFORMANCE, RECALL, OR ANY OTHER REASON. ALL CLAIMS FOR NEGLIGENCE AND FOR FAILURE OF ESSENTIAL PURPOSE ARE EXPRESSLY WAIVED, RELEASED, AND EXCLUDED. THERE ARE NO THIRD-PARTY BENEFICIARIES TO THESE TERMS. OWNER ACKNOWLEDGES THESE LIMITATIONS AND WAIVERS, DECLARES THAT THEY HAVE BEEN READ AND UNDERSTOOD, AND AGREES TO BE SO BOUND. ANY PAYMENT FOR THE DURO-LAST SYSTEM OR REGISTRATION OF THE WARRANTY WITH DURO-LAST SIGNIFIES THAT THE OWNER HAS VOLUNTARILY AND KNOWINGLY CONSENTED TO ALL TERMS. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO SUCH A LIMITATION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER ▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇ Name of Building Signature of Owner Address of Building Owner (printed) City, State & Zip of Building Signature of Contractor Building Designation Contractor (printed) Effective Date Square Footage Serial No. Warranty No. Monument Roofing Systems
Appears in 1 contract
Sources: Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; orby winds in excess of 54 mph measured in 3 second gusts at 10 meters 33 feet
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable passes to subsequent future Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastbuilding for the full 15 years hereof.
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by and construed in accordance with the laws of the State state of Michigan Tennessee without regard to principles of conflicts of law.
law principles. J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 1 contract
Sources: Vendor Agreement
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products assembly aside from the Duro-Last System, including but not limited to those defects that result in water penetrating into the building, including inadequate or insufficient drainage.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: , damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable passes to subsequent future Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastbuilding for the full 15 years hereof.
H. G. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. H. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
J. No claim, suit, or other proceeding arising out of or related to the Michigan. Duro-Last products and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, shall have the exclusive jurisdiction to determine any and all disputes, or these terms, including without limitation claims relating to this No-Dollar Limit Warranty, may be brought by Warranty and do hereby submit themselves to the Owner or anyone else after one (1) year from the date it accruessole personal jurisdiction of that Court.
K. I. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 1 contract
Sources: No Dollar Limit Warranty
Limitations and Exclusions. A. This No-Dollar Limit Limited Warranty does not apply to a the Contractor’s workmanship in the installation of the Duro-Last System installed on a singleSystem, even if the installation is performed by an authorized Duro-family residenceLast Contractor.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not shall in no instance be liable for any Duro-Last System defect or failure nor for subsequent damages damage arising from Acts of God God, or causes outside Duro-Last’s control control, including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last ▇. ▇▇▇▇-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last ▇. ▇▇▇▇-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Limited Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Last
H. This NoLast System prior to transfer of this Limited Warranty. The Owner (undersigned below) must pay a $500 warranty transfer fee and must pay for any non-Dollar Limit Warranty must be signed warranted repairs identified by a Duro-Last QA Tech Rep or Quality Assurance Managerduring a transfer inspection. A transfer of this Limited Warranty shall not be effective unless all outstanding Duro-Last invoices have been satisfied.
H. Coverage under the terms of this No-Dollar Limit Limited Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Limited Warranty does not alter the Effective Date.
I. This No-Dollar Limit Limited Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Limited Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last ▇. ▇▇▇▇-Last does not waive any rights under this No-Dollar Limit Limited Warranty by refraining from exercising to exercise its rights in full in one or more instances.
Appears in 1 contract
Sources: Limited Warranty
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable passes to subsequent future Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastbuilding for the full 15 years hereof.
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
. Duro-Last and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or the United States Federal District Court for the Eastern District of Michigan in Bay City, shall have the exclusive jurisdiction to determine any and all disputes, or claims relating to this No-Dollar Limit Warranty and do hereby submit themselves to the sole personal jurisdiction of those Courts. J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 1 contract
Sources: Warranty
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by winds in excess of mph, fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable to subsequent Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastat
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-No- Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
. I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
J. No claim, suit, or other proceeding arising out of or related to the . Duro-Last products and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or these termsthe United States Federal District Court for the Eastern District of Michigan in Bay City, including without limitation this No-Dollar Limit Warrantyshall have the exclusive jurisdiction to determine any and all disputes, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under claims relating to this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instancesand do hereby submit themselves to the sole personal jurisdiction of those Courts.
Appears in 1 contract
Sources: Warranty
Limitations and Exclusions. A. This No-Dollar Limit Warranty does not apply to a Duro-Last System installed on a single-family residence.
B. Duro-Last shall not be liable for damages arising from defects in the design or construction of the building or roof assembly, including inadequate or insufficient drainage; nor shall Duro-Last be liable for any other products aside from the Duro-Last System.
C. Duro-Last is not liable for any Duro-Last System defect or failure nor for subsequent damages arising from Acts of God or causes outside Duro-Last’s control including, but not limited to:
1) Damage caused by fire, lightning, hurricane, ▇▇▇▇, hail, tornado, flood, earthquake, animals, insects; or
2) Damage caused by accident, vandalism, intentional act, negligence or failure to use reasonable care, whether on the part of the Owner or another; or
3) Damage caused by any unauthorized modification to the Duro-Last System including, but not limited to: damage caused by unauthorized components used in installation or repair, by additional equipment or structures added to or made a part of the roof, by traffic, or by chemicals not normally found in nature or the like; or
4) Interior condensation and/or moisture entering the Duro-Last System through walls, copings, structural defects, HVAC systemsSystems, or any part of the building structure, including from adjacent buildings.
D. Duro-Last does not warrant the watertightness of metal products that are located outside of the termination of the Duro-Last membrane.
E. Duro-Last does not warrant against color change and/or pattern change and/or print change in the Duro-Last System.
F. Duro-Last shall have no liability under any theory of law for any claims, repairs, or other damages relating to the presence of asbestos or any vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like on or in the Duro-Last System or in the building or in the air or water serving the building.
G. This No-Dollar Limit Warranty is transferable passes to subsequent future Owners only upon the express written consent of Duro-Last and at Duro-Last’s sole discretion. Duro-Last reserves the right to require an inspection of the Duro-Lastbuilding for the full 15 years hereof.
H. This No-Dollar Limit Warranty must be signed by a Duro-Last QA Tech Rep or Quality Assurance Manager. Coverage under the terms of this No-Dollar Limit Warranty begins on the Effective Date. The Effective Date is determined by ▇▇▇▇-LastDuro-Last. Failure of the Owner or Contractor to sign this No-Dollar Limit Warranty does not alter the Effective Date.
I. This No-Dollar Limit Warranty shall be governed by the laws of the State of Michigan without regard to principles of conflicts of law.
. Duro-Last and Owner hereby agree that the Circuit Court for the County of Saginaw, State of Michigan, or the United States Federal District Court for the Eastern District of Michigan in Bay City, shall have the exclusive jurisdiction to determine any and all disputes, or claims relating to this No-Dollar Limit Warranty and do hereby submit themselves to the sole personal jurisdiction of those Courts. J. No claim, suit, or other proceeding arising out of or related to the Duro-Last products or these terms, including without limitation this No-Dollar Limit Warranty, may be brought by the Owner or anyone else after one (1) year from the date it accrues.
K. Duro-Last does not waive any rights under this No-Dollar Limit Warranty by refraining from exercising its rights in full in one or more instances.
Appears in 1 contract
Sources: Vendor Agreement