|
rmsoou
<br />FIRESTONE WARRANTY
<br />GENERAL TERMS, CONDITIONS AND LIMITATIONS
<br />Warranty No: 700367069
<br />Project No: 3457114
<br />Start Date: 08/01/2019
<br />Building Identification: Gemini at Washington
<br />Building Address: 617 W Washington St, South Bend, IN 46601-1454
<br />Building Owner: City of South Bend Board of Public Works
<br />Roofing Contractor: DUDECK ROOFING & SHEET METAL, 40001760
<br />Subject to the terms, conditions, and limitations set forth herein, Firestone Building Products Company, LLC ("Firestone"), an Indiana limited liability company,
<br />provides the Building Owner ("Owner") named above with this Limited Warranty for the Firestone provided System(s) or Material(s) set forth herein. This Warranty
<br />consists of multiple pages, all of which comprise the express terms and conditions of the warranty herein. Additional requirements, terms, conditions, exceptions,
<br />and limitations are defined in subsequent pages. In the event that any inconsistencies exist between the General Terms, Conditions and Limitations listed below and
<br />the Terms, Conditions and Limitations in subsequent pages, the subsequent pages will prevail.
<br />GENERAL TERMS, CONDITIONS AND LIMITATIONS
<br />Pa Yment Regul ad. Firestone shall have no obligation under this Limited Warranty unless and until Firestone and the licensed applicator have been paid in full for all
<br />materials, supplies, services, approved written change orders, warranty costs and other costs which are included in, or incidental to, the System or Materials. In the
<br />event that repairs not covered by this Limited Warranty are necessary in the future, Firestone reserves the right to suspend this Limited Warranty until such repairs
<br />have been completed and the licensed applicator and/or Firestone has been paid in full for such repairs.
<br />Exclusions. Firestone shall have no obligation under this Limited Warranty, or any other liability, now or in the future if a claim or damage is caused by:
<br />Natural forces, disasters, or acts of God including, but not limited to, fires, hurricanes, tornadoes, wind-blown debris, lightning, earthquakes, volcanic activity, atomic
<br />radiation, insects or animals; Act(s), conduct or omission(s) by any person, or act(s) of war, terrorism or vandalism, which damage the System or Material or which
<br />impair the System or Material's ability to perform properly; Failure by the Owner to use reasonable care in maintaining the System or Material, said maintenance to
<br />include, but not be limited to, those items listed in the current version of the Firestone Owner's Manual available at http://firestonebpco.com/ in the Building Owner's
<br />Toolbox; Deterioration, defects or failure of building components, including, but not limited to, the substrates, structural elements, walls, mortar, HVAC units,
<br />skylights, foundation settlement, etc.; Construction generated moisture, condensation or infiltration of moisture in, from, through, or around the walls, copings,
<br />rooftop hardware or equipment, skylights, building structure or underlying or surrounding materials; Acid, oil, harmful chemicals, or the reaction between them;
<br />Alterations or repairs to the System or Materials that are not completed in accordance with Firestone's published specifications, not completed by a Firestone licensed
<br />applicator, and/or completed without proper notice to Firestone; The design of the system: Firestone does not undertake any analysis of the architecture or
<br />engineering required to evaluate what type of System, Installation or Material is appropriate for a building and makes no warranty express or implied as to the
<br />suitability of its Products for any particular structure; such a determination is the responsibility of the architect, engineer or design professional; Improper selection of
<br />materials for the assembly or the failure to accurately calculate wind uplift and/or applicable design loads; Deterioration to metal materials and accessories caused by
<br />marine salt water, atmosphere, or by regular spray of either salt or fresh water; Failure of any non -Firestone brand materials used in the Firestone System or
<br />Installation not specifically accepted in writing by Firestone to be included in coverage; Change in building use or purpose; Failure by the Firestone licensed applicator
<br />or any additional contractor or subcontractor to follow Firestone's recommended installation instructions or approved specifications or drawings for the layout, design,
<br />and installation of the System or Materials. It shall be the Firestone licensed applicator's sole and exclusive responsibility to strictly follow Firestone's recommended
<br />installation instructions or approved specifications or drawings for the layout, design, and installation of the System or Materials; or Failure to correct all installation
<br />deficiencies listed in any Firestone inspection report.
<br />Overburden. Owner shall be responsible for the costs associated with the removal and replacement, as well as any damage caused by the removal and replacement,
<br />of any overburden, superstrata or overlays, either permanent or temporary, which include but are not limited to: structures or assemblies added after installation,
<br />fixtures or utilities on or through the System or Material, support platforms or bases for Photovoltaic (PV) Arrays (aka - Solar Panels), Garden Roofs, Decks, Patios or
<br />any other obstacles that impede access, clear observation, investigation, and repair of the System or Materials, excluding ballast or pavers accepted by Firestone or
<br />overburden specifically included in subsequent pages of this Warranty.
<br />Term. The term of this Limited Warranty shall be for the period set forth above and in subsequent pages of this document and shall not be extended under any
<br />circumstances without Firestone approval.
<br />Access. During the term of this Limited Warranty, Firestone's designated representative or employees shall have free access to the Installation location for
<br />inspection, audit, or repair purposes during regular business hours. In the event that access is limited due to security or other restrictions, Owner shall reimburse
<br />Firestone for all reasonable cost incurred during inspection and/or repair of the System or Material that are due to delays associated with said restrictions.
<br />Waiver. Firestone's failure to enforce any of the terms or conditions stated herein shall not be construed as a waiver of such provision or of any other terms and
<br />conditions of this Limited Warranty.
<br />Disputes. Any dispute, controversy or claim between the Owner and Firestone concerning this Limited Warranty or relating to any material supplied or specifically
<br />required by Firestone shall be settled by mediation. The Owner hereby releases Firestone from all liability to Owner's insurance carrier or to anyone claiming under or
<br />through Owner by reason of subrogation or otherwise. In the event that the Owner and Firestone do not resolve the dispute, controversy or claim in mediation, the
<br />Owner and Firestone agree that neither party will commence or prosecute any suit, proceeding, or claim other than in the courts of Hamilton County in the state of
<br />Indiana or the United States District Court, Southern District of Indiana, Indianapolis Division. Each party irrevocably consents to the jurisdiction and venue of the
<br />above -identified courts.
<br />Governing Law. This Limited Warranty shall be governed by and construed in accordance with the laws of the State of Indiana without regard to its rules on conflict
<br />of laws.
<br />Severability. If any portion of this Limited Warranty is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall
<br />nevertheless continue in full force.
<br />FIRESTONE DOES NOT WARRANT PRODUCTS INCORPORATED OR UTILIZED IN THIS INSTALLATION THAT WERE NOT FURNISHED BY FIRESTONE. FIRESTONE
<br />SPECIFICALLY DISCLAIMS LIABILITY UNDER ANY THEORY OF LAW ARISING OUT OF THE INSTALLATION OF, PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR
<br />CAUSED BY, PRODUCTS NOT FURNISHED BY FIRESTONE. THIS LIMITED WARRANTY SUPERSEDES AND IS IN LIEU OF ALL OTHER WARRANTIES OF
<br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND FIRESTONE HEREBY DISCLAIMS ALL SUCH WARRANTIES. THIS LIMITED WARRANTY SHALL BE
<br />THE OWNER'S SOLE AND EXCLUSIVE REMEDY AGAINST FIRESTONE, AND FIRESTONE SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL OR
<br />OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGES TO THE BUILDING OR ITS CONTENTS, SUBSTRATES OR THE ROOF DECK.
<br />THIS LIMITED WARRANTY CANNOT BE AMENDED, ALTERED OR MODIFIED IN ANY WAY EXCEPT IN WRITING SIGNED BY AN AUTHORIZED OFFICER OF FIRESTONE.
<br />NO OTHER PERSON HAS ANY AUTHORITY TO BIND FIRESTONE WITH ANY REPRESENTATION OR WARRANTY WHETHER ORAL OR WRITTEN.
<br />THIS WARRANTY INSTRUMENT CONSISTS OF MULTIPLE PAGES, ALL OF WHICH ARE PART OF THIS DOCUMENT.
<br />ADDITIONAL REQUIREMENTS ARE DEFINED ON SUBSEQUENT PAGES.
<br />IF�restone
<br />NOBODY C ° R YOU P 'IIIMM" :,�"
<br />200 4th Avenue South, Nashville, TN 37201
<br />1-800-428-4442
<br />www.firestonebpco.com
<br />Page 2 of 3
<br />1001.001.2015
<br />
|