Subject to the terms, conditions and
limitations contained herein, Len Home Services ( hereinafter referred
to as LHS
) shall cause to be repaired during the Covered Period (3 years) any
leaks in your roof (hereinafter the “ roof” ) which are
caused by defects in the workmanship provided by LHS.
This limited warranty is for the benefit
solely of the purchaser as identified above (hereinafter referred
to
as Purchaser) and is neither assignable nor transferable unless written
notification is provided to LHS within thirty (30) days of transfer
of ownership. This limited transferability is a one time option available
to original purchaser and is valid for a period of three (3) years
following
the date of installation.
TERMS, CONDITIONS, LIMITATIONS OF LIMITED
WARRANTY
1. LHS shall have no obligation under its
Limited Warranty unless LHS has received payment in full for all materials,
installation, supplies and service provided in connection with the roof
and and any service work thereafter.
2. LHS liability under this Limited Warranty and its obligations to
expend the funds necessary to make repairs over the life of this warranty
shall be limited in amount to the original price paid by Purchaser.
This Limited Warranty is effective for the Covered Period only, which
commences from the date of installation. After the Covered Period, LHS
has no further responsibility or liability whatsoever. The Purchasers
sole remedy against LHS with respect to the roof shall be for breach
of this Limited Warranty.
3. This warranty does not cover any mold, fungus, mildew or other moisture
related conditions occurring either prior or subsequent to the Contract
Work performed by LHS.
4. LHS’s obligations under it’s Limited Warranty and otherwise
shall terminate immediately in the event that:
(a) The roof is damaged by natural forces; including without limitation,
winds in excess of the manufacturer’s published wind speed, launched
debris, lightning, or similar acts of GOD, or natural causes.
(b) The roof is damaged by willful, unwillful or negligent acts including,
but not limited to fire, vandalism, labor strikes, civil uprisings,
acts of war or other misuse.
(c) The roof is damaged by debris including, but not limited to all
roof related sheet metal, equipment, tree limbs, etc.
(d) The building or any part of the roof system experiences structural
failures, including, without limitation settling or shifting of the
building or movement; cracking or deflection of the roof deck, roof
substrate or roofing insulation; or interior pressure
(e) The roof is damaged by certain conditions beyond the control of
LHS, including but not limited to chemicals, animals, insects, birds,
paints, solvents, coatings, interior pressure, algae, fungus, environmental
causes, etc.
(f) There are any alterations or repairs made on through the roof, including
without limitation, pipes, antennas, satellite dishes, dormers, fireplaces,
utilities, etc.
(g) The purchaser or any other person fails to use reasonable care in
maintaining the roof or attempts to make any repairs to or retrofit
the roof.
(h) The purchaser or any other person fails to comply with any material
term or condition of the Limited Warranty.
(I) The Purchaser fails to notify LHS in writing to the address below
within 30 days of any roof leak.
(j) The Purchaser or anyone else transfers ownership of the building
without notifying LHS in writing thirty (30) days of transfer.
5. During the term of the Limited Warranty,
LHS, its agents or employees shall have free access to the roof during
regular business hours.
6. LHS shall have no obligation under its Limited Warranty for backup
of nails, discoloration, curling, or leakage of any part of the roof
caused by but not limited to U.V., ozone, algae, fungus, etc.
7. LHS’s failure at any time to enforce any of the terms or conditions
stated herein shall not be constructed to be a waiver of such provision.
8. Purchaser agrees to pay LHS for all costs attributed to work performed
as the result of service calls for items that LHS exclusively determines
are not covered under this warranty. Purchaser agrees that warranty
shall be null and void if Purchaser does not pay service call work invoices
within thirty (30) days of invoice.
9. Sole and Exclusive Warranty: THERE ARE NOT WARRANTIES WHICH EXTEND
BEYOND THE DESCRIPTION IN THE LIMITED WARRANTY. THE LIMITED WARRANTY
SUPERCEDES AND IS PROVIDED IN LIEU OF ALL OTHER WARRANTIES OR GUARANTEES,
WHETHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES
OF MERCHANTABILITY FOR A PARTICULAR PURPOSE. LHS’s agents have
no authority to give warranties or guarantees beyond those provided
herein. This warranty shall be the purchaser’s exclusive and sole
remedy against LHS with respect to the roof and the work performed in
connection with the roof. Performance by LHS of its obligations under
this Limited Warranty satisfies all obligations and liability of every
kind and nature of LHS to Purchaser. LHS shall not be liable for any
property damage or personal property damage. LHS shall not be liable
for any loss of use, damages for delay, consequential damages or incidental
damages of any kind, including property damages or personal property
damage.
10. Purchaser’s performance of it’s obligations under this
limited warranty is subject and to be determined by, LHS’s good
faith acceptance of and satisfaction with such performance. LHS’s
good faith determination of the cause of leaks or damage to the roof
shall be conclusive.
11. This Limited Warranty is not a maintenance agreement or insurance
policy. Routine inspection and maintenance of the roof is the Purchaser’s
responsibility.