Page 96 - Willow Park Estates Closeout Manual

TRANSFERABILITY 3. After verifying the product(s) are defective, the
The warranty may be transferred once within the first five “Manufacturer” will perform its obligations under this
years of the warranty, but only by the original property warranty within forty-five (45) days of receipt of notice,
owner to the first subsequent owner, after notification to unless performance is delayed by causes beyond the
the “Manufacturer” within thirty (30) days of the transfer of “Manufacturer’s” control. Any cost in excess of the
property. If the transfer occurs within this transfer period, the prorated adjustment will be the owner’s responsibility.
second owner is entitled to the same coverage as the original 4. Contact the “Manufacturer’s” Warranty Department by
owner. If the transfer occurs after the transfer period, the
warranty to the subsequent owner will be limited to one year phone at (800) 545-1191, 8:00 a.m. to 4:00 p.m. Pacific
from the date of the real estate title transfer. Time.
Shipments of notices or packages may be sent to:
To transfer the warranty, the current holder of the warranty
must complete the online warranty transfer form found on Warranty Department
Malarkey Roofing Products
www.malarkeyroofing.com or contact the “Manufacturer’s”
Warranty Department (see Claims Procedure) in writing within 3131 N. Columbia Blvd.
thirty (30) days from the date the title of the property changed. Portland, OR 97217
The following information must be provided: THE LIMITED PRODUCT WARRANTY IS THE ONLY
1. The name and address of the current holder of the EXPRESSED WARRANTY MADE BY THE “MANUFACTURER”
warranty IN CONNECTION WITH THE SALE OF ITS PRODUCT. NO
2. The date of the original completed installation REPRESENTATIVE OF THE “MANUFACTURER” OR ANY OTHER
PERSON HAS ANY AUTHORITY WHATSOEVER TO ACCEPT
3. Proof of purchase FROM OR FOR THE “MANUFACTURER”, ANY ADDITIONAL OR
4. The address where the warranted underlayment(s) DIFFERENT LIABILITY OR RESPONSIBILITY FOR BORAL PLY
are installed 40 UNDERLAYMENT. THE “MANUFACTURER” SHALL NOT BE
LIABLE FOR DAMAGE TO ANY BUILDING OR ITS CONTENTS
5. The name and address of the new owner, and OR INJURY TO PERSONS OR FOR ANY CONSEQUENTIAL
6. The date of title transfer DAMAGES RESULTING FROM BREACH OF THE WARRANTY
OR ANY OTHER WARRANTY OR CONDITION, IMPLIED BY
If the “Manufacturer” is not notified of the transfer as outlined LAW OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY
above, the warranty shall not transfer, and the “Manufacturer” OF MERCHANTABILITY OR FITNESS. SOME STATES DO NOT
will have no further liability. ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL

CLAIMS PROCEDURE OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION MAY
NOT BE APPLICABLE IN ALL STATES. THIS WARRANTY
1. The Approved Contractor should be contacted if there GIVES SPECIFIC LEGAL RIGHTS, BUT THERE MAY BE OTHER
is a suspected problem with the underlayment. If the RIGHTS WHICH VARY STATE TO STATE AND PROVINCE TO
Approved Contractor believes the underlayment may be PROVINCE.
at fault, the “Manufacturer” should be notified within 30
days of discovery and prior to any repairs being made to THE PARTIES AGREE THAT ANY CONDITION OR CLAIMS
the roof. The claim must be accompanied by the proof of RELATING TO THIS WARRANTY SHALL FIRST BE SUBMITTED
purchase. TO MEDIATION UNDER THE CONSTRUCTION INDUSTRY
2. The “Manufacturer” will be given the opportunity to ARBITRATION AND MEDIATION RULES OF THE AMERICAN
inspect the roof and be provided with samples before ARBITRATION ASSOCIATION (OR OTHER MUTUALLY
any steps are taken to repair the roof. Any repairs made ACCEPTABLE ARBITRATOR). NO COURT OR OTHER TRIBUNAL
prior to or during the investigation period without the SHALL HAVE JURISDICTION UNTIL THE ARBITRATION IS
“Manufacturer’s” prior written approval will be at the COMPLETED.
owner’s expense.

©2016 Boral Roofing LLC AC621-10/16