To the extent, in the manner and subject to the provisions hereinafter set forth, GMC Roofing & Building Paper Products, INC. for sales in U.S.A., warrants to the Customer named below that GBS 40 PREMIUM ALL WEATHER BASE shall:
1. at time of delivery, be in accordance with the published specifications, i.e. meet the requirements of ASTM D-4601-98 Type II;
2. be free from material defects in components and workmanship which could affect performance;
3. for a fifteen (15) year period commencing on the Original Installation Date stated below, will retain its ability to shed water, except as noted below, if installed at the subject property strictly, and in a professional way, in accordance with GMC APPROVED CONTRACTOR installation instructions.
The above warranty does not apply, if the GBS 40 PREMIUM ALL WEATHER BASE has been installed and left uncovered and without roof cladding for more than (3) months or, if any part of the product is exposed to natural or artificial ultra-violet (UV) light after roof cladding installation. The above warranty is transferrable only one time to the new homeowner and for only an additional two (2) years thereafter. The above warranty does not cover leaks or damage caused by unusually severe rainy weather conditions and water ingress due to unusually severe natural weather conditions prior to the installation of the roof cladding. The above warranty does not cover leaks or damage caused by any penetrations (including penetrations by fasteners), or damage caused to GBS 40 PREMIUM ALL WEATHER BASE during installation or due to existence of other materials, inadequate or faulty structural design, structural defects, building alterations, cracks in the structural base exceeding 1/16 inch in width at any point, The foregoing warranty shall be void and of no effect whatsoever in the event GBS 40 PREMIUM ALL WEATHER BASE shall have been exposed to harmful chemicals, abused by machinery, animals, equipment or any persons, or exposed to excessive pressures or sources, or, in the event of defects, shall have been caused by abnormal weather conditions, acts of God, falling objects, explosions, fire, riots, civil commotion, external forces, faulty or inadequate or improper installation, acts of war, radiation, harmful fumes or foreign substances in the atmosphere, floods, accidents, or any circumstances or cause other than normal wear during the conduct of business. The above warranty does not cover any costs or expenses associated with the removal or replacement of applied roofing materials, plywood, or other substrates or materials in connection with testing, repair, removal, or replacement of the GBS 40 PREMIUM ALL WEATHER BASE. The Customer must give GMC Roofing & Building Paper Products, INC. written notice of any defects within 30 days from the date that the defect was discovered. If GMC Roofing & Building Paper Products, INC. determines that an investigation of the claim is necessary, the claimant must allow access to a GMC Roofing & Building Paper Products, INC. representative to view the property specified in the claim, including the taking of photographs and samples as required. Such notice shall be sent to an authorized representative of GMC Roofing & Building Paper Products, INC. GMC Roofing & Building Paper Products, INC. shall, at its sole option, and as the Customer’s sole remedy, shall provide replacement for, that portion of GBS 40 PREMIUM ALL WEATHER BASE , which has been proven to be defective within the written warranty conditions. The Customer shall pay all handling and transport costs. Any such replacement shall constitute the limit of GMC Roofing & Building Paper Products, INC. liability or obligation for any defective material. This warranty shall become VOID, if anyone not expressly authorized by GMC Roofing & Building Paper Products, INC. performs any repairs or alterations within the period of this warranty or if Customer fails to give notice of defect within the period set out above. EXCEPT FOR THE ABOVE LIMITED WARRANTY, GMC ROOFING & BUILDING PAPER PRODUCTS, INC. MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL OTHER SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IF SUCH IMPLIED WARRANTIES CANNOT BE WAIVED UNDER APPLICABLE LAW, THEY WILL ONLY BE APPLICABLE FOR ONE YEAR AFTER THE INITIAL PURCHASE OF THE PRODUCT. OTHER THAN ITS OBLIGATIONS UNDER THE LIMITED WARRANTY ABOVE STATED, IN NO EVENT SHALL GBS 40 PREMIUM ALL WEATHER BASE. BE LIABLE TO ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOST PROFITS OR REVENUE, LOSS OF USE, PERSONAL INJURY OR DAMAGE TO PROPERTY OR PROPERTY CONTENTS.
