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Restroom Roof Warranty Quality Tile Roofing Roofing - General Sheet Metal 2711 S. Curtis Road' Boise, Idaho 83705 . Phone (208) 362-2711 . Fax (208) 362-2713 TRANSMITTAL TO: City of Meridian Parks and Rec. 11 West Bower Street Meridian, Idaho DATE: Octobe~;9, 2003 RECEIVED OCT 1 3 2003 JOB: Settlers Park City Of Meridian City Clerk Office ATTN: ELROY HUFF WE ARE FORWARDING THE FOLLOWING ITEMS: X ATTACHED D UNDER SEPARATE COVER EACH DATE TITLE REMARKS 3 1 0/9/03 Metal Roof Warranties 1 10/9/03 Cover Letter PLEASE USE AS NOTED: D AS REQUESTED FOR APPROVAL D FOR JOB USE D SEE REMARKS D PLEASE RESPOND BY: D FOR YOUR USE D FOR PRICING o FOR INFORMATION o OTHER Mr, Huff, I spoke with Tom Golis who is currently out of town. He asked that I send you the Warranty for the Metal roof system on this project. Please have all three copies of the Warranty signed and return back to us, We will send the signed copies back to Englert who will sign and send back the executed Warranty, If you have any questions on this procedure, let me know Kent Tolley Quality Tile Roofing COPY TO: Tom Golis , " E N G L E R T E@ ENGLERT, INC, MAIN MANUFACTURING I HOME OFFICE P.O. Box 149 1200 Amboy Avenue Perth Amboy, New Jersey 08862 Phone: (732) 826-8614 Fax: (732) 826-8865 www.englerlinc.com SINCE 1966 October 2, 2003 Quality Tile Roofing Inc, 2711 South Curtis Road Boise, Idaho 83705 Project: Meridian Settler's Park Restroom Meridian, Idaho Dear Sir/Madam: Enclosed you will fmd two (2) separate warranties, three. (3) copies of each. The fIrst is a warranty between Englert, Inc. and the Owner. MAIN WARANTY The Installation Contractor is to sign and notarize all three (3) copies. The Owner is to sign and notarize all three (3) copies. Please return all three (3) eODies of this warranty. Please remit your check in the minimum amount of ,,- Englert, Inc. Warranty Department 1200 Amboy Avenue PO Box 149 Perth Amboy, New Jersey 08862 (Price breakdown is as follows: For this 2,600 Square Foot job.) If no exceptions have been taken on this document, Englert, Inc. will duly sign, notarize, and return two (2) originals. You should fOf'Nard one of these to the Owner, and keep the second copy for your records. CONTRACTOR'S AGREEMENT The second is an Agreement betw~. and the Installation Contractor to cover the initial portion of the Warranty. .' The Installation Contractor is - to sign and notarize all three (3) copies. Ple~se return all three (3) copies of the Agreement to: Englert, Inc. Warranty Department 1200 Amboy Avenue PO Box 149 Perth Amboy, New Jersey 08862 Ifno exceptions have been taken on this document, Englert, Inc. will duly sign, notarize, and return one (1) originaL Should you have any questions, please contact me at any time. Sincer~ ,/)II/,j.- , Michael Fischetta Project Manager Roofing and Commercial Products Group MFlpb Enclosures 4- _ _ ... E N G L E R T E@ ENGLERT, INC, MAIN MANUFACTURING I HOME OFFICE P.O. Box 149 1200 Amboy Avenue Perth Amboy, New Jersey 08862 Phone: (732) 826.8614 Fax: (732) 826-8865 www.englertinc.com SINCE 1966 TWENTY -YEAR LIMITED WEATHERTIGHTNESS WARRANTY SERIES 2000, 1-3/4" SNAP-LOCK ROOFING SYSTEM MANUFACTURER: Address: ENGLERT, INe. 1200 Amboy Avenue Perth Amboy, New Jersey 08861 (732) 826-8614 Telephone: INSTALLATION CONTRACTOR: Address: Telephone: QUALITY TILE ROOFING INC. 2711 South Curtis Road Boise, Idaho 83705 (208) 362-2711 OWNER: Building Location: CITY OF MERIDIAN 33 East Idaho Street Meridian, Idaho 83642 ARCHITECT: Address: Telephone: THE LAND GROUP 128 South Eagle Road Eagle, Idaho 83616 (208) 939-4041 GENERAL CONTRACTOR: Address: Telephone: GOLlS CONSTRUCTION PO Box 2559 Eagle, Idaho 83616 (208) 938-4202 PROJECT NAME: Address: MERIDIAN SETTLER'S PARK RESTROOM Meridian, Idaho Area of Metal Roof: 2,600 Square Feet Type of Product Approved and Applied: Series 2000,1-3/4" Snap-Lock Roofing System WARRANTY PROVISIONS FOR MATERIALS AND WORKMANSIDP Englert, Inc., a New Jersey Cooperation (hereinafter "Englert"), and the Installation Contractor identified above, hereby warrant to the Owner listed above that for a period of twenty (20) years from the date of substantial completion of the Series 2000 Roofing System (the "Roofing System"), applied to the above described Building, should leaks develop in the Roofing System due solely to manufucturing defects, ordinary wear and tear by the elements or workmanship on the part of the Installation Contractor, then subject to each and every term, condition and limitation contained herein, they shall be responsible for completing such repairs to the Roofing System as are necessary to return it to watertight condition. Notwithstanding anything contained herein to the contrary, during the first five years of this Warranty, Englert shall only be responsible for water leaks caused by defects in material. The Installation Contractor shall be solely responsible for any and all cost to correct any roof water leak caused by defective workmanship or installation for the first five years after substantial completion. For the remaining fifteen years of this warranty, Englert will correct water leaks caused by defective material and will be jointly responsible with the Installation Contractor to correct leaks caused by defective workmanship. ". EXCLUSIONS This Limited Warranty shall apply only to Roofing Systems installed in areas of normal atmospheric exposure and specifically does not cover leaks caused, in whole or in part, by anyone of the following: I. Marine (salt water) atmosphere or regular spray of either salt or fresh water. 2. Heavy fullout or exposure to corrosive chemicals, ash or fumes from any chemical plant, foundry, plating works, kiln, fertilizer manufucturing plant, paper plant or the like. 3. Any corrosive substance or condensate of any harmful substance contained, generated or released from inside the building; or condensation from the underside ofthe roof. 4. Worker traffic on the roof, other than traffic during the course of installation, 5. Hail, fire, lightning, wind damage, from wind pressures higher than the building was designed to accommodate, hurricane, tornado, earthquake, or any acts of God. 6. Alterations, such as, but not limited to, structures, fixtures, or utilities being place upon or attached to the roof without prior written authorization from Englert or repairs performed or materials furnished by entities other than Englert or the Installation Contractor. 7. Failure by the Owner or any lessee or other occupant or user of the Building to take reasonable care in maintaining the roof, such as cleaning the gutters, valleys, etc. so as to allow water to run off uninterruptedly. 8. Faulty building design or construction, 9. Birds, vermin, rodents, insects, or other animal or pests. 10, Settlement, fuilure or cracking of the roof deck, walls, or foundation of the building, or defects or fuilures of coping gravelstop due to cracking of walls or any part of the building structure. II, Englert shall have no liability or responsibility under or in connection with this Warranty if the Installation Contractor fuiled to use all roof curbs, roof jacks, sealants, mastics, subframing, roof panels, clips, and flashings provided by Englert or approved by Englert, nor shall Englert have any liability or responsibility in connection with this Warranty if the Installation Contractor fuiled to follow Englert's standard recommended installation instructions for the layout, design and erection of the Roofing System, or if the Roofing System is constructed in such a manner as not to permit drainage of water from all surfilces and permit standing or ponding water, 12. Any other cause beyond the control of Englert and the Installation Contractor. THE WARRANTY CONTAINED HEREIN EXCLUDES ANY AND ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THOSE EXPRESSLY PROVIDED IN THIS WARRANTY. ENGLERT AND THE INSTALLATION CONTRACTOR SHALL NOT BE LIABLE TO THE OWNER FOR ANY CLAIM BASED UPON STRICT LIABILITY, NEGLIGENCE, BREACH OF WARRANTY, TORT OR OTHER THEORY OR CAUSE OR ACTIONS, NOR SHALL THEY BE LIABLE FOR INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES HOWEVER ARISING OR BE RESPONSmLE FOR ANY CONSEQUENTIAL DAMAGES OR LOSS TO THE BUILDING, ITS CONTENTS, OR OCCUPANTS. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion ~ not apply to you. This Warranty gives you specific legal rights, and you may also have other rights which vary from state to state. . . NOTICE OF CLAIMS AND GENERAL PROVISIONS AII claims hereunder must be submitted, in writing, to Englert within the Warranty period and within thirty (30) days of the discovery of any leak in the Roofing System. Failure of the Owner to do so shall relieve Englert and the Installation Contractor of any and all responsibility and/or liability tmder the terms hereof II; after inspection by Englert, it is detennined that the leak is caused by defects in the Roofing System's material or workmanship in accordance with this Warranty, the Roofing System shall be repaired in accordance with this Warranty, the Roofing System shall be repaired in accordance herewith, Such work shall be completed within a reasonable period 0 time after notice to Englert of the weathertightness or watertightness fuilure, The Owner's exclusive remedy and Englert's and the Installation Contractor's liability shaII be limited to repair of the Roofing System and their liability for the cost of said repairs shall not exceed the dollar amount paid by the Owner for the Roofing System, including tbe cost of installation. All notices given tmder or pursuant to this Warranty shall be in writing and sent by certified mail, return receipt requests, to Englert and the Installation Contractor to the following addresses: Warranty Department ENGLERT, INC. 1200 Amboy Avenue Perth Amboy, New Jersey 08862 QUALITY TILE ROOFING INC. 2711 South Curtis Road Boise, Idaho 83705 During the tenn of this Warranty, Englert and the Installation Contractor, their sales representatives, and employees, shall have free access to the roofing during regular business hours upon reasonable notice to the Building Owner. This document constitntes the entire Warranty made by Englert and the Installation Contractor. No modification or amendment of this Warranty shall be binding on Englert or the Installation Contractor tmless made in writing and signed by their authorized representatives. The terms, conditions, and provision contained in this Warranty may be waived only in writing signed by Englert. No oral statements, course of conduct or course of dealing shall be deemed or constitute a waiver, The invalidity or unenforceability of nay provisions of this Warranty shall not affect the enforceability and validity of any remaining provisions, and this Warranty shall be construed in all respects as if the invalid or unenforceable provisions were omitted. This Warranty shall be governed by and construed in accordance with the laws of the State of New Jersey. This Warranty is tendered for the sole benefit of the Owner as named above and is not transferable or assignable. Neither Englert nor the Installation Contractor, shall have any obligation under this Warranty unless all invoices for materials and instalIation have been paid in full by or on behalf of the Building Owner. EXECUTED AS OF THIS 2nd DAY OF October. 2003 . ATTEST: MANUFACTURER: ENGLERT, INC. 1200 Amboy Avenue Perth Amboy, New Jersey 08862 BY: ATTEST: TITLE: INSTA.I'~.~ACTOR: ~~~.-:.~, I *i ~~TAJtJ- ...)~, E \ -- *! BY: \ J>trBL\C II \... "";. .... ....:: 0 ~ITLE: ~<< -1,., ..g..... ~~!If~ :-.;.. J: 0 F \~ ..... OWNER: 4',.,.........,... ad/l~, L Ju#ftJ QUALITY TILE ROOFING INe. 2711 South is Road 705 ATTEST: CITY OF MERIDIAN 33 East Idaho Street Meridian, Idaho 83642 BY: TITLE: