Simulated Ever-Shake Wood Roofing (Everlast Systems Inc.)

EVER-SHAKE
4o Year Limited Warranty

1. Warranty Coverage

Everlast Systems, Inc. warrants its Ever-Shake (the "Product") for a period of 40 years from original date of installation, to the original owner of a building on which the Product is originally installed ("Owner"). Everlast Systems will allow the transfer of this limited warranty one time to a new owner.

2. Conditions

Everlast Systems, Inc. will warrant the Product to perform as a roofing product only for a period of forty years from the original date of installation if the following conditions are met:

A. The original owner must complete, sign and return the attached Warranty Registration Card within 60 days after installation of the Product is completed.

B. If building is sold, the Transferee shall complete and return attached Warranty Registration Card within 60 days after the closing of the sale.

C. Product must be installed according to Everlast Systems Inc.’s written application instructions and all building codes adopted by Federal, State and/or Local Government Agencies. Everlast Systems, Inc. warrants the Product from premature failure and not the failure of the roof application, flashing details, or inadequate ventilation.

D. Owner must notify Everlast Systems, Inc. in writing by certified mail (including warranty registration number and day/evening phone numbers) immediately upon discovery of alleged defect in Product. It is the Owner’s responsibility and expense to make the temporary repairs to protect all property that could be damaged or affected by water penetration. It is highly recommended that a professional roofing contractor be contacted to determine where any leak(s) may have occurred. Everlast Systems, Inc.’s warranty does not cover contents inside the building of which Product is installed upon.

E. Owner must allow Everlast Systems, Inc. employees, agents or subcontractors to enter the property and building on which Product is installed to inspect, photograph and evaluate the area(s) of concern.

3. Remedy

For the FIRST FIVE YEARS OF THE WARRANTY, if Everlast Systems, Inc. determines (after inspection) that there is a Product defect to be covered by this Warranty, Everlast Systems, Inc. will have the area(s) in question replaced at no charge to the owner(s) of the building. If the replacement of any material is needed, it will be done only with the authorization of Everlast systems, Inc., which will provide professional roofing contractors to estimate the total cost for replacement in the area(s) in question. Everlast systems, Inc. will pay only a fair and reasonable market price for replacement services. DURING THE FIRST FIVE YEARS, ALL LABOR AND MATERIAL ARE INCLUDED (including any other materials needed to perform the repair of the defective material such as felts, fasteners, flashing, and other materials that are normally used in standard roof application).

For the REMAINDER OF THE WARRANTY, if Everlast Systems, Inc. determines (after inspection) that there is a Product defect to be covered by this Warranty, Everlast Systems, Inc. will PROVIDE REPLACEMENT MATERIAL ONLY (NO LABOR) (on a pro-rated basis).

4. Claims

Claims against this warranty must be made in writing by certified mail, together with dated proof of purchase, immediately upon discovery of alleged defect in Product, and before any permanent repair is done. It is the Owner’s responsibility and expense to make the temporary repairs to protect all property that could be damaged or affected by water penetration. It is highly recommended that a professional roofing contractor be contacted to determine where any leak(s) may have occurred. Everlast Systems, Inc.’s warranty does not cover contents inside the building of which Product is installed upon.

5. Exclusions

This Warranty does not cover (a) damage to the Product caused during installation; (b) Product not installed according to the printed installation recommendations issued by Everlast Systems, Inc. or not installed in accordance with appropriate building codes and/or trade practices in that specified area; (c) damage to the Product caused by foreign objects falling on the roof; (d) chemical pollutants, corrosive influences or application of cleaning solutions, paints or other finishes; (e) damage to Product or structure caused by hurricanes, hail storms, tornadoes, or other acts of God; (f) misuse, negligent or improper storage or handling of the Product; (g) color variation (Since the Product is designed to have some aesthetic variation to simulate real wood appearance) or color fading due to aging or weathering; (h) vandalism; (i) surface scratches or imperfections.

6. Disclaimer

The statements made in this Warranty constitute the only warranty offered by Everlast Systems for the Product.

THE DURATION OF ANY IMPLIED WARRANTY SUCH AS IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR USE OR PURPOSE IS LIMITED TO THE FIRST TO ELAPSE OF THE WARRANTY PERIOD PROVIDED ABOVE, OR SUCH SHORTER PERIOD AS APPLICABLE LAW PERMITS OR REQUIRES.

Some states do not allow limitations on how long an implied warranty lasts, so the above limitations may not apply to you.

Some states do not allow warrantors to require purchasers/transferees to return registration cards, so this requirement may not apply to you. You may still be required to prove that you bought the Product and the date of purchase.

EVERLAST SYSTEMS DISCLAIMS AND WILL NOT HAVE ANY LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, OR OTHER INDIRECT DAMAGES (SUCH AS INJURY TO PERSONS OR DAMAGE TO ANY BUILDINGS/STRUCTURE OR ITS CONTENTS).

Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.

Everlast Systems, Inc.
6 Ocean Beach Road
Hoquiam, WA 98550
888-564-3837

Revised - 11/98