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Home My WebLink About2007 35 Year Warranty�ULf STATE GULF STATES MANUFACTURERS THIRTY FIVE Year Materials Limited Warranty Roof and Wall Panels with UltraCote Paint Effective Date: 8/30/2007 Owner: CITY OF SEBASTIAN -MUNICIPAL AIRPORT Builder: A W M CONSTRUCTION INC Location: SEBASTIAN- FL 32958 Job Number: 41287 Roof Panel Type: HI -RIB Wall Panel Type: HI -RIB Roof Size: As per Purchase Order Wall Size: As per Purchase Order GULF STATES MANUFACTURERS warrants its materials as provided and subject to the limitations and exclusions set forth herein: 1. MATERIALS WARRANTY. Gulf States Manufacturers warrants that, for a period of one (1) year from the date of delivery of materials to the Builder, Gulf States Manufacturers' products shall be free from defects in materials and defects in fabrication of the building components. Gulf States Manufacturers shall, as the exclusive remedy under this Warranty, either repair or replace, at Gulf States Manufacturers' election and expense. any defective ^otc ials, thz Lilum of ,chiral is euvered by nus Warranty. As used in this agreement, "materials" is defined as all primary and secondary structural steel building components, bracing, fasteners and connections, wall and roof panels, flashings, and accessories provided by Gulf States Manufacturers. 2. PANEL WARRANTY. UltraCote (70% Kynar 5009)) pre -painted galvanized panels (G-90 Coatings) and Pre -painted aluminum -zinc alloy -coated panels are warranted as follows: When the panels are used on pitches '/2 : 12 and greater or vertical exposure. (a) UltraCote (70% Kynar 5000) paint will not peel, crack, check or chip for a period of THIRTY FIVE (35) years from the Effective Date. in accordance with the standard procedure specified in ASTM D 659-80 for a period of THIRTY FIVE (35) years from the Effective Date. C U1traCote (70% Kynar 5000) paint will not fade in color in excess of four (4) E units of color difference ("NBS Units") for vertical surfaces and Five (5) E NBS Units for non -vertical surfaces when measured in accordance with the standard procedure specified procedure specified in ASTM D 2244-85, Paragraph 6.3, for a period of THIRTY-FIVE years from the Effective Date. 3. LIMITATIONS. This Warranty is subject to the following conditions, terms limitations and exclusions: (a) This Warranty applies only to the above-described materials of Gulf States Manufacturers and does not cover accessories, fixtures, insulation, goods or any materials not manufactured but sold by Gulf States Manufactures. This Warranty shall be .::.id mid apply to Gulf States Mennfacturers' matericts only if the materials are erected and installed strictly in accordance with (1) Gulf States Manufacturers' engineering plans and specifications and details; (2) all applicable erection standards and procedures regularly published by the metal Building Manufacturer's Association; and (3) current erection manuals issued by Gulf States Manufacturers. Any modification of or deviation from Gulf States Manufacturers' specified materials, products, or specified erection procedures without the prior written consent of an officer of Gulf States Manufacturers will void this Warranty. (b) This Warranty is applicable only to rust or corrosion damage caused by "normal atmospheric exposure" which shall not include the following conditions which are specifically excluded from this Warranty: 1. Deterioration caused by marine (salt water) atmospheres, regular spray of either salt or fresh water, or by constant exposure to either salt or fresh water. As used herein, "constant exposure to water" includes standing water caused by inadequate roof drainage or condensation caused by inadequate vapor barrier installed in the building. 2. Corrosion caused by heavy fallout or exposure to corrosive chemicals, ash, or fumes from chemical plants, foundries, plating works, kilns, paper plants, fertilizer manufacturing, animal waste or similar sources of corrosive vapors and gases. 3. Deterioration caused by corrosive fumes and condensates of harmful substances generated or released inside the building. 4. Damage due to contact with green or wet lumber. 5. If the materials are erected in an area which is originally a "normal atmospheric exposure" but the environment subsequently changes to one that is not a "normal" atmosphere (e.g. the construction of a chemical plant nearby) this Warranty will then be void. (c) This Warranty is limited to materials of Gulf States Manufacturers, which are sold and erected within the United States of America and Canada. (d) This Warranty shall not apply to any structural failure or damage attributable to (1) engineering design caused by incorrect, inadequate, or erroneous design information transmitted to Gulf States Manufacturers by or through the owner, contractor, builder or their respective design representatives; or (2) acts of God, loads of snow, ice, or wind exceeding the specified design loads in the purchase order, or any other form of casualty loss arising from such risks; or (3) negligent, defective, or improper erection of the structure, its foundation, or additional loads placed on the structure by others not specified to Gulf States Manufacturers in the purchase order agreement. (e) This Warranty is limited to the original owner of the building and is not transferable or assignable. This Warranty will automatically terminate upon the sale, transfer or conveyance (except to secure debt) of the building. (f) Claims for any defects, or breach of this Warranty, must be submitted by the owner, or owner's representative, by written notice within thirty (30) days of the discovery of the defect, or the date that the defect reasonably should have been known. Owner will exercise reasonable diligence in inspection and maintenance of the materials in order to mitigate expense involved in repairing, replacing or repainting the materials. (g) During the term of this Warranty, the Owner shall perform routine inspections and maintenance in accordance with Gulf States Manufacturers' Preventative Maintenance Manual, in effect at the Effective Date of this Agreement, the provisions and requirements of which are incorporated herein by reference. Through the warranty period, panels must be inspected and maintained on an annual basis regardless of installation locations. The panels must be thoroughly washed with potable water annually. Failure to comply with and maintain proper records of the annual inspection and maintenance procedure will void this Warranty coverage in its entirety. Gulf States Manufacturers reserves the right to inspect the building upon reasonable notice to the owner. F (h) Gulf States Manufacturers' responsibility and liability pursuant to this Warranty is expressly limited to the replacement, repair or repainting of the defective materials and in no event will such liability in the case of panel defects exceed an amount equal to $.65/$.55 per square foot of roof area for 24/26 eauge panels, or $.65/$.55 per square foot of wall area for 24/26 eauge panels. Any expense of labor, installation, or removal will not be included in this Warranty. (i) IN CONSIDERATION OF THE SALE OF THE MATERIALS AND THIS WARRANTY, GULF STATES MANUFACTURERS SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY CONSEQUENTIAL DAMAGES, including, but not limited to, lost profits, lost rents, damage to inventory, contents, or other property, expenses, loss to the building or loss of use thereof, either in contract, tort.(including-.zghgcncc), strict liai,ility, currtract, breach of warranty or for any other cause arising out of any failure of the materials. Q) Owner covenants and agrees that during the term of this Warranty, the Owner shall procure, maintain and keep in force, property, casualty, and liability insurance to protect against all insurable losses, and to the full extent that such insurance is available, waives any and all rights of subrogation, including without limitation, legal, equitable, and contractual claims, against Gulf States Manufacturers for losses covered by such insurance, whether based upon any cause of action, including, but not limited to, tort, contract, warranty or strict liability. (k) This Warranty will not be effective and binding on Gulf States Manufacturers until (1) payment in full for the materials has been received by Gulf States Manufacturers; (2) the Warranty has been signed by an officer of Gulf States Manufacturers; and (3) a copy of this Warranty has been signed by the owner and returned to Gulf States Manufacturers. The Effective Date of this Warranty is defined as the date of delivery of the materials from Gulf States Manufacturers unless a later date is specified above as the`Effective Date" (1) This Warranty constitutes the entire agreement among the parties and is for the sole benefit of the original owner named above. There are no other parties or intended beneficiaries to this Warranty. This Warranty may not be modified, amended, or supplemented except by written agreement signed by an authorized officer of Gulf States Manufacturers. (m) Except as expressly provided in this Warranty, Gulf States Manufacturers makes not representations or warranties of any kind with respect to the materials covered hereby, including, without limitation, warranties of merchantability or fitness for a particular purpose, and does not make any warranty or assume any obligation with respect to the validity of any patents, copyrights or trademarks with respect to the materials. (o) Tliis Warranty shall be governed b) and zou;t:ued .,iih :h:: laws of the S.a:. c;f Alabama. Gulf States Manufacturers Builder:A Delaware Corporation By: — Title: By: Date: 10/4/2007