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WARRANTY

Our Promise:

SEAL TECH warrants that subject to the other terms, conditions, and limitations described herein below, SEAL TECH will repair leaks in the SEAL TECH Roof Restore System provided that the SEAL TECH Roof Restore System was installed by a SEAL TECH Certified Dealer according to SEAL TECH’s furnished installation instructions and specifications. Covered leak repairs must also be performed by a SEAL TECH Certified Dealer after written notice to SEAL TECH. There is no dollar limitation (“NDL”) on covered leak repairs. The SEAL TECH Roof Restore System as used in this warranty means only SEAL TECH brand roofing, coatings, primers, fabrics,adhesives, sealants, additives, and flashing membrane, or other SEAL TECH specified insulation, adhesives, membrane/insulation fastening system components, as SEAL TECH has specified in writing on SEAL TECH’s website at www.Sealtechroof.com.

Warranty Period:

This is a Fifteen (15) Year Warranty that, when formally issued by SEAL TECH, commences effective on the Date of Completion as that term is defined below and when the SEAL TECH Roof Restore System is fully installed according to SEAL TECH’s installation instructions and specifications and after an independent third party roofing inspector has confirmed in writing to SEAL TECH and within 30 days of the date of Completion that the SEAL TECH Roof Restore System was installed by a SEAL TECH Certified Dealer according to SEAL TECH’s furnished installation instructions and specifications. Full payment of all labor, material, warranty and other fees is a condition precedent to the enforceability of this warranty and for this warranty to effective full payment of all labor, material, warranty, and other fees must be paid without dispute or offset, no later than thirty (30) days after the Date of Completion or this warranty is null and void.

Warranty Period:

Owner’s Responsibilities to Keep Warranty in Effect:

Owner’s failure to comply with the procedures terms and conditions set forth in this warranty herein shall automatically without any action on SEAL TECH part, void this Warranty
A. If a leak is discovered Immediately telephone the original SEAL TECH Certified Dealer to report the leak location and severity and send an email within 48 hours of the telephone call to theoriginal SEAL TECH Certified Dealer. Then phone SEAL TECH’sTechnical Services Department at 1-877-217-5777 within five (5) calendar days (120 hours) of discovering the leak and send written notice via certified mail, return receipt requested, within fourteen (14) days of discovery of any claimed leak to SEAL TECH Attn: Warranty Department, 139 Palisade Ave GarfieldNJ 07026. Notice to the installer is not notice to SEAL TECH. It is agreed that reporting a leak to SEAL TECH also constitutes the Owner’s permission for SEAL TECH to investigate the source or origin of the claimed leak, including inspection of the roof as SEAL TECH deems necessary. Overlying materials such as but not limited, to planters, pavers, garden roofs, decking, conduits, or equipment which impede investigation or repair of the SEAL TECH Roof System must be removed and replaced at the Owner’s expense. SEAL TECH may acknowledge the Owner’s notice of a potential warranty claim and issue a request for more information, from the Owner. The Owner must promptly provide SEAL TECH with any additional requested information or documents requested by SEAL TECH. Also, if no leak covered by this Warranty is found, Owner agrees to pay an investigation fee of $1,000 to SEAL TECH within sixty (60) days of invoice or this warranty shall be null and void and of no further force effect.Owner must respond within 48 hours to inquiries from SEAL TECH and allow access to SEAL TECH concerning any leaks or requests to inspect the SEAL TECH Roof Restore System to keep this Warranty in effect.
B. Emergency repairs.After calling SEAL TECH’sWarranty Department, the Owner shall, if necessary to minimize damage to the building or its contents, perform emergency repairs at the Owner’s sole expense. Those repairs will not void this warranty so long as the emergency repairs were reasonable under the circumstances and do not result in permanent damage to or concealment of the SEAL TECH Roof Restore System.
C. Maintenance.Owner shall be and is responsible for reasonable general maintenance and care of the SEAL TECH Roof Restore System and Owner shall perform: (i) periodic/seasonal roof inspection; (ii) removal of accumulated dirt, debris or other contaminants from the roof surface and drainage outlets; (iii) maintenance of caulks or sealants as necessary to maintain the roof in a watertight condition at flashing or membrane terminations, penetrations, and metal work in and around the SEAL TECHRoof Restore System and (iv) failure by Owner to comply with SEAL TECH care and Maintenance information published on SEAL TECH website. Owner shall document same with photographs. Owner must also maintain records of inspections and maintenance and make those records available to SEAL TECH.Owner shall submit an annual declaration under oath via email to SEAL TECH by no later than December 31 for each successive calendar year after the Date of Completion certifying that Owner has performed: (i) periodic/seasonal roof inspection; (ii) removal of any accumulated dirt, debris or other contaminants from roof surface and drainage outlets; (iii) maintenance of caulks or sealants necessary to maintain the roof in a watertight condition at flashing or membrane terminations, penetrations, and metal work in and around the SEAL TECH Roof Restore System; and (iv)failure by Owner to comply with SEAL TECH care and Maintenance information published on SEAL TECH website.
D. Transfer.Owner can transfer this Warranty to a subsequent owner for the remaining term only if: (a) Owner provides thirty (30) days advance written notice of the change in ownership by completing the Warranty Transfer Form obtained from the SEAL TECH website; (b) Owner makes any repairs to the SEAL TECH Roof Restore System or other roofing and building components that are identified by SEAL TECH as necessary to preserve the integrity of the SEAL TECH Roof Restore System; and (c) Owner pays a transfer fee of $1,000. This Warranty is not otherwise transferrable by contract or operation of law.
E. Mediation.Owner shall mediate any dispute with SEAL TECH, whether arising in contract, tort or otherwise. Failure of Owner to participate in a mediation in Los Angeles County California and administered by ADR Services in the City of Los Angeles (Century City) State of California shall void this warranty. The mediation shall be completed within 180 days of any leak that Owner claims are a Covered leak and disputed by SEAL TECH.

Exclusions from Coverage.

This Warranty does not cover leaks or other conditions caused by:
A. Natural disasters, such as gale force wind or hail (unless a wind or a hail warranty rider has been added), windfall or wind-blown debris, flood, tornado/microburst, hurricane, lightning/electrical storm, fire, earthquake, or any act of God.
B. Failure of or deterioration of underlying substrates or damage to the SEAL TECH Roof Restore System resulting from collapse, movement, deflection, moisture content, deterioration, or other failures of any portion of the underlying structure; loss of insulation, moisture/air infiltration, or condensation through the roof deck, walls, penetrations, rooftop equipment or any other component of the building.
C. Change in use, abuse, or misuse, including damage from traffic, vandalism, or building maintenance; staging or storage of any nature on the SEAL TECH Systemfailure to properly maintain the roof system; or a substantial change in the usage of the building without SEAL TECH approval. Misuse also includes using any portion of the SEAL TECH Roof Restore System for any purpose other than a roof waterproofing system.Contact with incompatible products, materials, cleaners, chemicals or compounds, environmental fallout, and any other chemicals not approved by SEAL TECH.
D. Alterations during or after installation, including any addition, penetration, demolition, or substantial work performed on or through the SEAL TECH Roof Restore System without prior SEAL TECH approval; or that is not in compliance with SEAL TECH specifications and installation instructions; or fora defect caused by the negligence of the SEAL TECHCertifiedDealer or subcontractor or supplier at any tier.
E. Animals, plants, insects, or other organisms on or beneath the SEAL TECH Roof Restore System, including algae, moss, fungi, lichens, mold, or mildew. This warranty also does not cover discoloration, dulling, loss of reflectivity, loss of acrylic surfacing, loss of printed patterns, or accumulation or retention of dirt, dust, general pollutants.
F. Any condition that is not in accordance with SEAL TECH installation instructions unless specifically accepted by SEAL TECH in writing.

Limitation of Damages, Choice of Law & Jurisdiction:

THIS WARRANTY SUPERSEDES AND REPLACES ALL OTHER EXPRESSED (WRITTEN OR ORAL) AND IMPLIED WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. THIS WARRANTY IS OWNER’S SOLE AND EXCLUSIVE REMEDY. SEAL TECH SHALL NOT BE LIABLE UNDER ANY THEORY OF LAW OR EQUITY (INCLUDING BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR STRICT LIABILITY) FOR ANY GENERAL, SPECIAL, –––CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS, INJURY OR DAMAGE TO ANY BUILDING OR STRUCTURE, ITS CONTENTS, OR ANY PERSON DUE TO ANY CAUSE, INCLUDING WITHOUT LIMITATION PRODUCT FAILURE, LEAKS, MOISTURE, CONDENSATION, MOLD, ORGANISMS, CHANGE IN APPEARANCE, LOSS OF REFLECTIVITY, VAPOR OR ODORS.

Inspection(s) (if any) of the installation or condition of a roof are solely for SEAL TECH’s information and convenience, and any such inspection(s) shall not create any additional duty, liability, or warranty by SEAL TECH, express or implied, nor any additional remedy forthe Owner or any other person. Owner is solely responsible for the investigation and remedy of any non-covered leaks or conditions. This Warranty is governed by the laws of the State of California. Purchase of the SEAL TECH Roof Restore System constitutes irrevocable consent to the exclusive jurisdiction and venue in state or federal courts in Bergen County New Jersey in all disputes against SEAL TECH arising out of or relating to the purchase, use, or warranty of this product. Some states do not allow the exclusion or limitation of incidental or consequential damages or limitation or exclusion of implied warranties, so the above exclusions and limitations may not apply to you.

SEAL TECH SHALL NOT BE LIABLE TO THE OWNER FOR ANY EXEMPLARY, PUNITIVE, SPECIAL, INDIRECT, CONSEQUENTIAL, REMOTE, OR SPECULATIVE DAMAGES (INCLUDING IN RESPECT OF LOST PROFITS OR REVENUES). NO REPRESENTATIVE, EMPLOYEE, OR AGENT OF SEAL TECH IS CERTIFIED TO MODIFY THIS WARRANTY EXCEPT IN WRITING AS CERTIFIED BY SEAL TECH’S TECHNICAL SERVICES DIRECTOR OR BY CERTIFIEDSEAL TECH WARRANTY AMENDMENT.

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