Pella Roof Coatings – Products Warranty
Pella Roof Coatings, LLC (“Pella Roof Coatings”) warrants to the buyer of material; subject to the terms, conditions, and limitations stated in this warranty, the Pella Roof Coatings products installed shall be free of manufactured defect for a period of one (1) year commencing from the listed acceptance date and receipt of the Pella Roof Coatings product.
TERMS, CONDITIONS, LIMITATIONS
Buyer shall provide Pella Roof Coatings with written notice as reasonably practicable, but not more than ten (10) days after the discovery of any leak or alleged defect in the Pella Roof Coatings product. By so notifying Pella Roof Coatings, the Buyer authorizes Pella Roof Coatings or its designee to investigate the cause of the leak or alleged defect. Should the investigation reveal the cause of the leak to be outside the scope of this Warranty, investigation and repair costs for this service shall be the responsibility of the buyer.
If upon inspection, Pella Roof Coatings determines that the leak is caused by a defect in Pella Roof Coatings’ warranted products, Pella Roof Coating’s liability shall be limited, at Pella Roof Coatings’ sole discretion, to either:
- Supply replacement product for the portion of the Pella Roof Coatings products found to be defective; or
- Refund the purchase price for the portion of the Pella Roof Coatings’ products found to be defective. If Pella Roof Coatings elects to replace the product, such replacement product and the existing unreplaced product shall be covered under the terms of this warranty for the remainder of the warranty period. If Pella Roof Coatings elects to refund the purchase price for any portion of the product, any warranty applicable to such replaced product shall terminate.
Pella Roof Coatings obligations do not extend to or include the furnishing of labor, supplies, or other materials involved in removing, tear off, repair, re-coating, or re-application of the affected area, or bearing any of the costs thereof.
This warranty shall not be applicable, if, upon Pella Roof Coating’s inspection, Pella Roof Coatings determines that any of the following has occurred:
- The product is damaged by natural disasters, including, but not limited to, lightning, fire, animals, birds, insect infestation, earthquake, tornado, hail, hurricanes, and gale-force winds.
- The product is damaged by any intentional or negligent acts, accidents, misuse, presence of existing moisture, positive pressure buildings, abuse, vandalism, civil disobedience, terrorism, the absence of positive drainage, cuts or punctures, or the like; or deterioration or failure of building components, including, but not limited to, the structure, roof substrate, walls, mortar, HVAC units, non-Pella Roof Coatings products, etcetera, occurs and causes a leak, or otherwise damages the product; or
- Acids, oils, harmful chemicals, and the like may come in contact with the product and cause a leak, or otherwise damage the product.
- Condensation or moisture infiltration to the product by preexisting, subsequent or intervening cause, not limited to, construction generated moisture, building use moisture, failure by building components adjacent to the product, latent defects of components adjacent to the product, or any other condensation or moisture infiltration occurring by reason of another party.
This warranty shall be null and void if any of the following shall occur:
- If, after installation of the product there are any alterations or repairs made on or through the roof, or objects such as, but not limited to, structures, fixtures, or utilities are placed upon or attached to the roof without first obtaining written authorization from Pella Roof Coatings; or change of use, or
- Failure by the Buyer to use reasonable care in maintaining the roof.
Only Pella Roof Coatings’ brand products or products specifically supplied or marketed by Pella Roof Coatings are covered by this warranty. Pella Roof Coatings specifically disclaims liability under any theory of law, for damages sustained by non-Pella Roof Coatings brand products.
Pella Roof Coatings’ failure at any time to enforce any of the terms or conditions stated herein shall not be construed to be a waiver of such provision.
Inland shall not be responsible for fading or the cleanliness of discoloration of the Product caused by environmental factors or Pella Roof Coatings’ customers’ building use such as, but not limited to: dirt, pollutants, natural or manufactured toxins, or any other biological agent.
Liabilities and obligations of Pella Roof Coatings hereunder shall be limited to the repair or replacement of products supplied by Pella Roof Coatings found to be causing leaks or found defective.
This warranty shall be nontransferable and not applicable to any subsequent Pella Roof Coatings.
THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR THE FAILURE OF THE PRODUCT OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. PELLA ROOF COATINGS SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF USE, OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. THIS IS A COMMERCIAL CONTRACT THAT CAN ONLY BE MODIFIED BY AN PELLA ROOF COATINGS CORPORATE OFFICER. DISPUTES WHICH ARISE OUT OF THIS WARRANTY OR PELLA ROOF COATINGS PRODUCTS INSTALLED, SHALL BE SETTLED IN THE IOWA DISTRICT COURT OF DALLAS COUNTY, IOWA, AND GOVERNED BY IOWA LAW.