Warranty

EPDM Coatings LLC warrants to the Building Owner (“Owner”) of the above-described building that, subject to the terms, conditions, and limitations stated in this warranty, the EPDM Coatings products installed shall be free of manufactured defect for a period of no more than 10 years, commencing from the above-listed acceptance date of the EPDM Coatings product.

TERMS, CONDITIONS, LIMITATIONS

1. Owner shall provide EPDM Coatings with written notice as reasonably practicable, but not more than ten (10) days after the discovery of any leak in the EPDM Coatings project. The owner must send a written notice of leaks to the EPDM Coatings Technical Services Department at the address set forth on this Warranty. By so notifying EPDM Coatings, the Owner authorizes EPDM Coatings or its designee to investigate the cause of the leak or alleged defect. Should the investigation reveal that the cause of the leak is outside the scope of this Warranty, investigation and repair costs, as well as travel and per diem for this service, shall be paid by the Owner. Any required travel, lodging, etc., is to be prepaid before the site visit
2. If, upon inspection, EPDM Coatings determines that a defect in the EPDM Coatings causes the leak warranted products, EPDM Coatings liability shall be limited, at EPDM Coatings sole discretion, to either: (1) Supply replacement product for the portion of the EPDM Coatings products found to be defective; or (2) Refund the purchase price for the portion of the EPDM Coatings products found to be defective. If EPDM 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 EPDM Coatings elects to refund the purchase price for any portion of the EPDM Coatings product, any warranty applicable to such replaced product shall terminate.
3. EPDM Coatings obligations do not extend to, or include, furnishing of labor, supplies, or other materials involved in removing, tearing off, repairing, re-coating, or re-applying the affected area, or bearing any of the costs thereof.
4. This warranty shall not be applicable if, upon EPDM Coatings inspection, EPDM Coatings determines that any of the following has occurred:
   1. 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 or
   2. The product is damaged by any intentional or negligent acts, accidents, misuse, positive pressure buildings, abuse, vandalism, civil disobedience, terrorism, the absence of positive drainage, cuts or punctures, or the like; or
   3. Deterioration or failure of building components, including, but not limited to, the structure, roof substrate, walls, mortar, HVAC units, non-EPDM Coatings products, etcetera, occurs and causes a leak, or otherwise damages the product; or
   4. Acids, oils, harmful chemicals, and the like come in contact with the product and cause a leak or otherwise damage the product. EPDM Coatings Roof Protect cleaner was applied to the roof.
   5. 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.
   6. The warranty does not cover product fading or being applied to a non-approved substrate
5. This warranty shall be null and void if any of the following shall occur:
   1. If, after installation of the product by an EPDM Coatings licensed roofing applicator, 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 EPDM Coatings; or a change of use, or
   2. Failure by the Owner to use reasonable care in maintaining the roof.
   3. A core cut sample must be completed to verify that no moisture is underneath the substrate. A picture must be sent to info@epdmcoatings.com referencing the order number
6. Only EPDM Coatings brand products or products specifically supplied or marketed by EPDM Coatings are covered by this warranty. EPDM Coatings specifically disclaims liability under any theory of law for damages sustained by non-EPDM Coatings brand products.
7. During the term of the warranty, EPDM Coatings shall have free access to the roof during regular business hours.
8. EPDM Coatings shall have no obligation under this warranty until all warranty fees are paid in full.
9. EPDM 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.
10. EPDM Coatings shall not be responsible for fading or the discoloration of the Product caused by environmental factors or Owner’s building use, such as, but not limited to, dirt, pollutants, natural or manufactured toxins, or any other biological agent.
11. No warranty on black or custom colors due to blistering in inappropriate high surface temperatures.
12. This warranty or any terms thereof shall not apply to residential applications.
13. Liabilities and obligations of EPDM Coatings hereunder shall be limited to the repair or replacement of products supplied by EPDM Coatings found to be causing leaks.
14. This warranty shall be nontransferable and not applicable to any subsequent owner, without prior EPDM Coatings approval.

THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR 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. EPDM 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 EPDM COATINGS CORPORATE OFFICER. THIS WARRANTY IS FOR REPLACEMENT PRODUCT ONLY. DISPUTES WHICH ARISE OUT OF THIS WARRANTY OR EPDM COATINGS PRODUCTS INSTALLED, SHALL BE SETTLED IN THE IOWA DISTRICT COURT OF DALLAS COUNTY, IOWA, AND GOVERNED BY IOWA LAW.