Elias Roofing Warranty Pledge

Roofing Warranty

roofing warranty

Elias Roofing and Home Improvements warrants to Owner that it applied the roofing materials to the predetermined  roof in accordance with (a) the written specifications of Roofing Materials Manufacturer and (b) good roofing industry practices, in effect on , the date application commenced.  Subject to the following terms, conditions and limitations, Elias Roofing will, during the term of this 5 year Warranty, at its expense, repair or cause to be repaired leaks in said roof which are the result of defects in Elias Roofing’s workmanship.  Upon expiration of the term of this Warranty, without notice from Owner of some defect, Elias Roofing shall have no further obligation to make repairs at its expense under any provision of this Warranty and Owner shall not make any further demand or claim against Elias Roofing concerning its workmanship, or the roofing materials installed, provided that Elias Roofing promptly commences and diligently proceeds with the correction and repair of all such defects covered by this Warranty which are called to Elias Roofing’s attention in the manner set forth in paragraph 8 below during the term of this Warranty by Owner.

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Terms, Conditions and Limitations. This warranty does not cover any leaks in the roof caused by: the acts or omissions of other trades or contractors; lightning, winds of peak gust speeds of 55 m.p.h. or higher measured at 10 meters above ground, hail storm, flood, earthquake or other unusual phenomenon of the elements; structural settlement; failure, movement, cracking or excess deflection of the roof deck; defects or failure of materials used as a roof substrate over which the roof system is applied; faulty condition of parapet walls, copings, chimneys, skylights, vents, supports or other parts of the building; vapor condensation beneath the roof; penetrations for pitch boxes; erosion, cracking and porosity of mortar and brick; dry rot; stoppage of roof drains and gutters; penetration of the roof from beneath by rising fasteners of any type; inadequate drainage, slope or other conditions beyond the control of Elias Roofing which cause ponding or standing of water; termites or other insects; rodents or other animals; fire; or harmful chemicals, oils, acids and the like that come in contact with the roofing system and cause a leak or otherwise damage the roof system.  If the roof fails to maintain a water-tight condition because of damage by reason of any of the foregoing, this warranty shall immediately become null and void for the balance of its term unless such damage is repaired by Elias Roofing at the expense of Owner.

 

Notification by Owner. During the term of this warranty, if the roof leaks, Owner must immediately notify Elias Roofing by telephone of such leaks, and promptly confirm such telephone notice by written notice.

 

Events Which May Void Warranty. This warranty shall become null and void:

  • Unless Elias Roofing receives notice from Owner during the term of this Warranty in accordance with paragraph 8 above of any leaks and is provided an opportunity to inspect, and if required by the terms of this warranty to repair the roof;
  • If work is done on such roof, including, but without limitation, work in connection with flues, vents, drains, sign braces, railings, platforms or other equipment fastened to or set on the roof or if repairs or alterations are made to said roof, without first notifying Elias Roofing in writing and giving Elias Roofing the opportunity to make the necessary roofing application recommendations with respect thereto, which recommendations are complied with. Elias Roofing shall be paid for time and materials expended in making recommendations or repairs occasioned by the work of others on the subject roof;
  • If any area of the roof is used as a promenade, walkway or work area or is sprayed or flooded, unless such use was originally specified with a defined area and the specification is noted in paragraph 14 below.
  • Transferability. This warranty shall accrue only to the benefit of the original owner named above.  It is not transferable to any other person, except with the prior written consent of Elias Roofing.
  • No Other Warranties. NO OTHER EXPRESS WARRANTY IS GIVEN BY ELIAS ROOFING TO OWNER.  THE REPAIR OF THE SUBJECT ROOF IS THE EXCLUSIVE REMEDY.  THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.  ALL IMPLIED WARRANTIES, AND SPECIFICALLY THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND DISCLAIMED.  This warranty is separate and apart from any warranty that may be issued to Owner by the Roofing Materials Manufacturer.  ELIAS ROOFING EXPRESSLY EXCLUDES AND DISCLAIMS ANY RESPONSIBILITY TO OWNER IN CONNECTION WITH OR ATTRIBUTABLE TO THE ROOFING MATERIALS AND ANY SUCH ROOFING MATERIALS MANUFACTURER’S WARRANTY.
  • Incidental or Consequential Damages. UNDER NO CIRCUMSTANCES SHALL ELIAS ROOFING BE LIABLE TO OWNER OR ANY OTHER PERSON FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUD­ING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO OR LOSS OF USE OF THE BUILDING OR ITS CONTENTS, WHETHER ARISING OUT OF BREACH OF WARRANTY, BREACH OF CONTRACT OR UNDER ANY OTHER THEORY OF LAW.
  • Payment to Elias Roofing. This warranty shall not be or become effective unless and until Elias Roofing has been paid in full for said roof in accordance with the agreement pursuant to which said roof was applied.

Workmanship Warranty

Elias Roofing and Home Improvements warrants that the improvements constructed are reasonably free of defects and within customary tolerances of construction industry. “Customary tolerances of the construction industry” means tolerances common and expected in the construction industry and guaranteed to be performed by a skillful and professional contractor.

This warranty also covers work under customary tolerances for all subcontractors and other trades people under contract with Elias Roofing, including the crew of Elias Roofing.

Elias Roofing further warrants and guarantees that the work reasonably conforms to the requirements of the contract documents, drawings, plans, and specifications.

If any defects are found, contractor shall repair or replace any of the alleged defective work at its cost. The work to be corrected will be the particular part or area that is defective. Elias Roofing shall start corrective work within a reasonable time after written notice from the owner.

Elias roofing shall have the option of repairing or replacing, at its election.

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Terms. Conditions and Limitations. This Warranty, as well as the statute of limitations for any claim of damages for defective
work or materials, is one year from substantial completion, defined as the earlier of: 1) the date of final acceptance by the building inspection department, or 2) the date Owner first moves into the property. If Contractor performs warranty work within this period, this warranty shall be extended to the repaired or replaced work itself and be covered for one year after completion, as to that specific work

Equipment, material, and appliances. Elias Roofing hereby assigns (to the extent they are assignable) and conveys to Owner allmanufacturers and suppliers’ warranties, together with operating instructions if available, on all goods, material, equipment and appliances provided to Elias Roofing.
Elias Roofing has provided certain material, equipment, appliances, and goods that have been manufactured and or furnished by third party vendors, supply houses, lumberyards, distributors, and manufacturers (“products”). Elias Roofing will use its best efforts so that such products are new and
purchased from reputable suppliers. Contractor also agrees to properly install such materials.
In the event a product is considered defective by the Owner, contractor shall use its best efforts to contact the supplier or manufacture and receive a free replacement.

Elias Roofing shall then within a reasonable time reinstall that new product without charge.
Elias Roofing did not manufacture such products. Elias Roofing warrants it’s services and workmanship only.
Accordingly, Elias Roofing cannot warrant or guarantee these products themselves. Elias Roofing will not be
liable for latent defects in any product (not observable on reasonable inspection).

Owner’s sole remedy for defective products, other than the obligation of Elias Roofing to replace same, is against such third party vendors and their warranties, if any. This limitation still applies and a warranty is not deemed made, even if Elias Roofing has furnished owner with product brochures, literature, or samples. Nor shall Elias Roofing be liable for dangerous products, design defects in products, or defective warnings. However,Elias Roofing shall lend assistance in settling any claim resulting from defects in these products.

Events Which May Void Warranty. This warranty shall become null and void:

  • Transferability. This warranty shall accrue only to the benefit of the original owner named above.  It is not transferable to any other person, except with the prior written consent of Elias Roofing.
  • Damage or defects caused by the failure to maintain any item or keep it in good working order.
  • Damage resulting from fire, freezing, storms, electrical malfunction or surge, lightening, earthquake, pest damage, acts of God, or other unforeseen causes or accidents.
  • Damage from alterations, misuse, or abuse by any person; ordinary wear and tear; or problems caused by lack of maintenance.
  • Damage resulting from your failure to observe any operation instructions furnished at the time of installation.
  • Any item furnished, installed, modified, altered, or repaired by you or any other person other than Elias Roofing.
  • Problems which arise in an attempt to match existing materials. There are limitations inherent in the matching of existing materials such as
    stucco, drywall, paint, wood, tile, flooring, concrete, and the like. Exact duplication in matching, texture, and color cannot be guaranteed. Variations within industry tolerances will be considered acceptable.

1-844-99-A-Roof

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