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HomeMy WebLinkAboutArchitectural Sheet Metal Inc Two-Year Watertightness Limited Warranty - Trotwood Pavillion ARCHITECTURAL SHEET METAL, INC. 2-YEAR WATERTIGHTNESS LIMITED WARRANTY Building City of Winter Springs ASM Job Number: 51910 Owner: Building/Job Trotwood Pavilion Date Of Substantial Completion 03-28-2019 Name: Building 1224 Trotwood Blvd.,Winter Springs, FL 32708 Material 9625 SF Coil-24GA Galvalume Hartford Location: Furnished(Sq. Ft.) Green year 500 Architectural Sheet Metal, Inc. (hereinafter referred to as "ASM"),the Roofing Contractor/installer whose signature appears below, warrants during the first 2 years after completion of installation of the subject roof -TERMS,CONDITIONS,LIMITATIONS on the above referenced Building to the above-named Building Owner (hereinafter referred to as"Owner")that subject to each and every remits), 1. Owner shall provide ASM with written notice within thirty(30)days of condition(s),limitation(s),allocation(s)of warranty,and responsibility(ics) the discovery of any leak(s) in the Roof. Failure of the Owner to do so stated herein,ASMs workmanship on the above-named building will be shall automatically relieve ASM of'any and all responsibility and/or adequate to prevent leaks for 2 years commencing with the date of liability under this 2-year Watertightness Limited Warranty. completion of installation of the Roofing System, This warranty will be fully satisfied by repair of the Roof,and any such repairs shall carry a 2. Ifupon ASM's inspection,ASM determines that the leak(s)in the Roof warranty against leaks only for any then remaining balance of the original are caused by defects in Berridge materials or in the workmanship of 2-year warranty period. ASM,Roof repair obligations shall then arise in accordance herewith,but Owner's remedies and ASM's liability shall in any event be limited to ASM'S AGGREGATE TOTAL CUMULATIVE LIABILITY UNDER repair of the Roof, subject to the cost limitations set forth above. THIS 2-YEAR WATERTIGHTNESS LIMITED WARRANTY IS Otherwise,ASM shall have no liability. LIMITED TO THE DOLLAR AMOUNT OF THE OWNER'S ORIGINAL PAYMENT MADE TO THEM FOR MATERIALS 3, ASM,shall have no liability or responsibility under or in connection FURNISHED BY ASM ONLY AND FOR THE INSTALLATION OF with either this 2-Year Weathertightness Limited Warranty or the Roof,if THOSE MATERIALS ONLY. ASM MAKES NO OTHER any one or more of the following shall occur: WARRANTY WHATEVER, EXPRESS OR IMPLIED. ALL, IMPLIED WARRANTIES OF MERCHANTABILITY AND ALI., (a) Deterioration caused by marine (salt water) atmosphere or by IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR regular spray of either salt or fresh water. PURPOSE WHICH EXCEED OR DIFFER FROM THE (b) Corrosion caused by heavy fallout or exposure to corrosive WARRANTIES HEREIN EXPRESSED ARE DISCLAIMED BY chemicals,ash or fumes from any chemical plant,foundry,plating works, EACH AND ALL OF SAID PARTIES AND EXCLUDED FROM kiln,fertilizer manufacturing,paper plant,and the like. THIS 2-YEAR WATFIRTIGHTALSF LIMITED WARRANTY. ASM (c) Deterioration caused by any corrosive substance or any DOES NOT IN ACq Y WAY WARRANT"THF;MERCHANTABILITY condensate of any harmful substance contained, generated or released OF THE GOODS SOLD HEREBY. NO WARRANTIES EXTEND inside the building. BEYOND TME:DESCRIPTION; N THF FACE THEREOF. IN NO (d)Damage caused by worker(s)on the roof. EVENT SHALL ASM HAVE ANY LIABILITY FOR ANY (c)Any other cause beyond ASM's control. COMMERCIAL LOSS, CLAIMS FOR LABOR, OR (1)Damage to the Roof caused by natural disasters,including,but not CONSEQUENTIAL DAMAGES OF ANY OTHER 'TYPE. limited to,lightning,or any strong gale,hurricane,tornado or earthquake. WHETHER OWNER'S CLAIM BE BASED IN CONTRACT,TORT, (g)If,after installation of the Roof by ASM,there are any alterations, WARRANTY, STRICT LIABILITY, OP OTHERWISE, 11' IS such as,but not limited to,structures, fixtures, or utilities being placed EXPRESSLY AGREED THAT OWNER'S REMEDIES upon or attached to the roof without prior written authorization from EXPRESSED IN TGIS 2-YEAR WATERTIGHTNESS LIMITED ASMI,or WARRANTY ARE OWNER'S EXCLUSIVE REMEDIES. (h)Ifthere is any failure by the Owner or lessee or other occupant or user to use reasonable care in maintaining the Roof,or (i)If Owner fails to comply with every term and/or condition stated in this 2-Year Watertightness Limited Warranty,or 4. During the term of this Warranty, ASM, its Representatives and employees, shall have free access to the roof during regular business This 2-Year Watertightness Limited Warranty is tendered for the hours, sole benefit of the original purchaser as named below and is not 5. ASM shall not have any obligation under this 2-Year Watertightness transferable or assignable. it beCOmes valid only when signed Linuted Warranty until all invoices for installation,supplies and services by each Of and Ower, have been paid in fill]to ASM. 6.ASM shall not be responsible for any consequential damages or loss to EXCEPT ONLY AS EXPRESSLY PROVIDED HEREIN, ASM the building,its contents or other materials. MAKES NO REPRESENTATION(S) OR WARRANTY(IES) OF MERCHANTABILITY AND WARRANTY(IES)OF FITNESS FOR 7. ASM's failure at any time to enforce any of the terms or conditions ANY PARTICULAR PURPOSE, ALL OF WHICH ARE stated herein shall not be construed to be a waiver of such provision or of EXPRESSLY DISCLAIMED,WITH RESPECT TOTHE GOODS the right to exercise any right in the future. AND/OR SERVICES COVERED HEREBY, NOR DOES ASM MAKE ANY WARRANTY OR ASSUME ANY OBLIGATION 8. This 2-Year Watertightness Limited Warranty supersedes an(]is in lieu WITH RESPECT TO THE VALIDITY OF ANY PATENT(S), of any and all other warranties(whether express or implied)that are either DESIGN(S), COPYRIGHT(S), OR TRADEMARKS(S) WHICH in addition to or in conflict with the term(s)and condition(s)stated herein. MAY COVER ANY OF SUCH GOODS. THE CONDITIONS OF ALL. IMPLIED WARRANTIES OF MERCHANTABILITY AND LIABILITY,RIGHTS,OBLIGATIONS AND REMEDIES OF THE ALL IMPLIED WARRANTIES OF FITNESS FOR ANY PARTIES RELATING TO CLAIMS ARISING FROM ANY PARTICULAR PURPOSE WHICH EXCEED OR DIFFER FROM DEFECTIVE GOODS AND/OR WORKMANSHIP SHALL BE THE WARRANTIES HEREIN EXPRESSED ARE DISCLAIMED GOVERNED EXCLUSIVELY BY THE TERMS HEREOF.THIS 2- BY EACH AND ALL OF SAID PARTIES AND EXCLUDED FROM YEAR WATERTIGHTNESS LIMITED WARRANTY MAY NOT THIS 2-YEAR WATERTIGHTNESS LIMITED WARRANTY. BE CHANGED ORALLY. This 2-Year Watertightness Limited Warranty shall be governed by and construed and enforced in accordance with the laws of the State of Florida, ASM and Owner specifically agree that any legal action brought relating to this Warranty will be brought and tried in Orange County,Florida. Architectural Sheet Metal, Inc. Michael L. Leonard, President 03-28-2019 Date: Owner: U7 Signature /Z U tlbf VA Typewritten name Title Date In's Pre-Painted GALVALUME(D Sheet 20-Year, 6-Month Limited Warranty Sold To: ARCHITECTURAL SHEET METAL, INC Job Narne; TROTWOOD PAVILION '1801 PREMIER ROW 1224 TROTWOOD BLVD ORLANDO FL 32809 WINTER SPRINGS FL 32708 Owner: CITY OF WINTER SPRINGS File ID: MFW025411 1126 EAST STATE ROAD 434 WINTER SPRINGS FL 32708 Effective Date: March 28 2019 Date of Issue: May 08 2019 Material Description: HARTFORD GREEN COIL&FLATS Invoice(s): TPA1994 EXCLUSIVE WARRANTY: Berridge Manufacturing Company 6515 Fratt Road San Antonio,Texas 78218 hereby provides this LIMITED WARRANTY TO� ARCHITECTURAL SHEET METAL, INC ("Customer') Berridge Manufacturing Company exclusively warrants that,subject to the following provisions, Berridge Manufacturing Company's hot dipped aluminum-zinc alloy-coated GALVALLIME(D sheet steel,with a coating weight of AZ50 sold for use as prepainted steel building,roofing and siding panels,if erected within the Continental United States as follows I The GALVALUME(P9 sheet steel itself WILL NOT rupture,fail structurally or perforate within a period of 20 years and 6 moriffis after,shipment from the coil paint line as a result of corrosion caused by exposure to normal atmospheric conditions EXCLUDED ATMOSPHERIC CONDITIONS INSPECTION AND NOTICE OF CLAIM This limited warranty DOES NOT APPLY to sheet exposed at any irne to corrosive or aggressive atmospheric conditions,including but not limited to Customer shall exercise diligence in inspection of material as received from Berridge Manufacturing 1 Areas subject to saltwater marine atmospheres or to constant spraying of either salt or fresh Company prior to utilization so as to mitigate expense involved in repairing repainting or replacing water rOn-COr1fOnT1rng sheets 2 Areas subject to fallout or exposure to coriosivp chemicals fumes,ash cement dust or amoral Ckatfns for any breach of warranty must be made within the period of this limited warranty arid within waste 30 days after the period of this limited warranty and within 30 days after Customer discovered the 3 Areas subject to water rUnOff from lead or cropper flashings or areas in metallic contact with non-conforming sheet Customer must give Berridge ManUfaCtUlIng Company a reasonable lead or copper opportunity to inspect the material 4 Condition s/circumstances where corrosive lumes or condensates are generated or released inside the building DUTIES OF CUSTOMER IN PRESENTING CLAIMS As a condition precedent to Ben idge Manufacturing Company's liability hereunder Customer must OTHER EXCLUDED SITUATIONS present with his claim such records so to enable Berridge Manufacturing C.ompany to establish This limited warranty DOES NOT APPLY in the event of Berridge Manufacturing Company's order number,Berridge Manufacturing Company's coil number, A Bends less than 4T for all sheet thickness date of shipment by Berridge Manufacturing Company and the date of installation rn the form of B Slopes of the i our or sections of the roof flatter than 1 15 NOTE This slope is greater than building panels for the claimed non-conforming sheet the slope for unpainted coated steel sheet based on the anticipated greater hazard associated Customer shall also present such evidence that establishes any claimed mean-conformance was with the performance of painted surfaces under conditions of poor drainage due to a breach of the limited warranty stated herein C. Mechanical,chemical or other damage sustained during shipment storage,lof'rring fabrication or during or after erection D Forming which incoporates severe reverse bending or which subjects coating to alternate TRANSFERS,REPRESENTATIONS AND ASSIGNMENTS compression and tension This limited warranty is extended to Customer as the original purchaser from Ban rage Manufacturing E Failure to Provide free drainage of water,including internal condcnsabonfrom overlaps on all Company and is non-transferrable and non-assignable No rights against Berridge MisnUfaCturing other surfaces of the sheets or panels Company shall be created by any purported transfer or assignment nor shall any rights against F. Failure to remove debris from overlaps and all other surfaces of the sheets or panels. Berridge Manufacturing Company survive any transfer or assignment CUrriptTler or its agents or G Damage cased to the metallic coating by improper fall forming,scouring or cleaning representatives hall not clairn,represent or imply nor pei nit its customers,distributors,applicators procedures or contractors fisc aim,represent orimply that this limited warranty extends of is available to parties H Deterioration of the panels caused by contact with green or wed lumber or wet storage stain other than Customer,and to the lirrnt of its legal right to do so Customer shelf cause any party to caused by water damage or condensation cease and desist in any such misrepresentation This condition shall constitute a material term of I Presence of damp insulation or other corrosive materials in contact with or dose ptox1imity to this hinted warranty and its violation by Customer shall excuse Berridge Manufacturing Coinpany the panel from ris obligation hereunder J This warranty does not apply in the event of deterioration to the panels Caused directly or indirectly by panel contact with fasteners Selection Of suitable long lasting fasteners to be WAIVER OR MODIFICATIONS OF BERRIDGE MFG CO,'S RIGHTS used with GALVALUME@ sheet roofing and siding panels facts solely with the Customer No terns or conditions other than hose stated herein,and no agreement or understanding..oral or, written,and no course of conduct or performance,in ay way purporting to modify this Limited warranty of waive Berridge Manufacturing Company's rights hereunder shall be binding on Berridge EXCLUSIVE REMEDIES Manufacturing Company unless the same be clearly set forth in witting that expressly refers to this Customer's exclusive remedy and Berridge Manufacturing Company's sole liability for breach of this limited warranty and expressly refers to having such effect upon this limited warranty,and is signed limited Warranty shall be imiled exclusively to the cost of either repairing non-conforming panels, by the authorized representative of Berf idge Manufacturing Company or at Berridge Manufacturing Company's sole option,of furnishing FOB Customer's plant sufficient sheet product to enable Customer to fabricate replacement panels for the non-conforming panels TERMINATION Berridge Manufacturing Company reserves the right to terminate this limited warranty,except with LIMITATION OF DAMAGES respect to orders which it has already accepted upon the giving of written notice thereof. THE LIABILITY OF BERRIDGE MANUFACTURING COMPANY SHALL NOT EXTEND I'D PERSONAL INJURY PROPERTY DAMAGE,LOSS OF PROFIT DELAY OR ANY GOVERNING LAW INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FAILURE OF The Substantive law of the state of Texas shall exclusively govern the nights,and duties Of the ANY SHEETTO CONFORM WITH THE PROVISIONS OF TI-IIS LIMITED WARRANTY parties Linder this agreement OTHER WARRANTIES INCLUDING MERCHANTABILITY ENTIRE AGREEMENT THERE ARE NO WARRANTIES,PROMISES OR AFFIRMATIONS OF FACT INCLUDING The provisions set forth herein are in lieu of and expoesrily SUpersede any other provision WARRANTIES OR MECHANTABILITY AND OF FITNESS FOR A PARTICULAR irrespective of where contained All proposals,negotiations and representations if any,made PURPOSE OTHER THAN THOSE EXPRESSLY SET FORTH Hi THE CONDITIONS OF prior to or with reference hereto are merged herein LABILTY,RIGI-I FS OBLIGATIONS AND REMEDIES OF THE PARTIES RELATING TO GAILAVALUMEt is a registered trademark of BEC International Inc CLAIMS ARISING FROM ANY NON-CONFORMING SHEET SHALL.BE GOVERNED EXCLUSIVELY BY THE.-1 FRMS SET FORTH HEREIN BERRIDGE MANUFACTURING COMPANY 6516 Fratt Road,San Antonio,TX 78218 1 P (210)'650-3050 1 F:(210)650-0379 rev 04Aor 05 PreP,,tintedGalvalurneWarranty Kynar 500@ or Hylar 500OTmLimitedrr f Sold To: ARCHITECTURAL SHEET METAL, INC Job Name: TROTWOOD PAVILION 1801 PREMIER ROW 1224 TROTWOOD BLVD ORLANDO FL 32809 WINTER SPRINGS FL 32708 Owner: CITY OF WINTER SPRINGS File ID: MFW025411 1126 EAST STATE ROAD 434 Effective Date: March 28 2019 WINTER SPRINGS FL 32708 Date of Issue:: May 08 2019 Material Description: HARTFORD GREEN COIL&FLATS Invoice(s):TPA1994 Berridge Manufacturing Company warrants that Kynar 500(7 or Hylar J Discoloration or damage to panel finish caused by failure to 500OTm 70%full-strength Fluoropolymer finish will perform for twenty remove factory-applied protective strippable plastic film. (20)years from date of installation as an effective surfacing material 3.CUSTOMER MUST NOTIFY BERRIDGE MANUFACTURING within the scope of the conditions and limitations defined in this warranty document: COMPANY IN WRITING WITHIN THIRTY(30)DAYS FROM DISCOVERY OF THE CONDITION WHICH IS THE BASIS OF ANY EFFECTIVE SURFACING MATERIAL IS DEFINED TO MEAN: CLAIM AND ALLOW AN INSPECTION OF THE MATERIALS 1 Freedom from cracking, chipping or peeling due to the deterioration DURING NORMAL BUSINESS HOURS, of the finish for a period of twenty(20)years from date of purchase, 4. BERRIDGE MANUFACTUING COMPANY'S OBLIGATION exclusive of mechanical damage or other abnormal contingencies. WITH RESPECT TO THIS WARRANTY IS LIMITED AS (See Paragraph 2). FOLLOWS: 2. Freedom from any color,changes in excess of 5 NBS Units(Using the NBS unit of color notation as measured on the MEECO A In the event of a valid claim, Berridge Manufacturing Company Colormaster ASTM-D-2244)fora period of twenty(20)years shall, at its option:_a)assume the reasonable costs to restore from date of purchase. the finish on the materials; b)furnish replacement materials; 3 Freedom from chalking in excess of Number 8 Rating or c) refund the original purchase price paid to Berridge for - (ASTM-D-659-80)for a period of twenty(20)years from date of the materials less five percent(5%)for each year which has installationlapsed since the date of purchase of the materials. B Berridge Manufacturing Company's maximum liability for any TERMS AND CONDITIONS OF WARRANTY: claim under this Limited Warranty will be the lesser of the 1,Berridge shall not have any obligation under this Warranty until all three amounts calculated pursuant to a, b,or c of paragraph_ invoices for materials, installation, supplies,warranties and services 4A above, have been paid in full to Berridge and to the Roofer. C It will be at the sole discretion of Berridge Manufacturing 2. BERRIDGE HAS NO OBLIGATION NOR RESPONSIBILITY Company to determine which action will be taken with respect FOR DAMAGE TO FINISH OR MATERIALS CAUSED BY THE to any claim under this Limited Warranty FOLLOWING CONDITIONS: D. In no event shall Berridge Manufacturing Company's liability A. Materials installed in corrosive or aggressive environments exceed the lesser of the cost of replacing or restoring the including, but not limited to,areas subject to marine conditions, defective panels salt water,salt water spray, chemicals,or harmful gases with E.The warranty on any repaired or replaced product shall be the exception of normal air pollution for the remainder of the warranty period applicable to the B.Acts of God,falling objects,fire or external forces original purchase C.Abnormal or harmful gases,fumes or chemicals other than F. EXCEPT AS SET FORTH HEREIN,BERRIDGE general air pollution. MANUFACTUING COMPANY MAKES NO WARRANTIES, D. Physical damage after installation, intentional or unintentional: EXPRESSED OR IMPLIED INCLUDING,BUT NOT LIMITED whether caused by abuse,misuse, negligence, vandalism, TO,THE WARRANTY OF FITNESS FOR A PARTICULAR or excessive foot traffic on roof area. PURPOSE,AND HEREBY EXPRESSLY DENIES THE SAME. E.Any act or acts which damages finish after installation of 5.This warranty is tendered for the sole benefit of the original owner materials on project of the product named herein and is not transferable or assignable F. Physical damage caused during the forming process due to 6. Berridge's only liability and responsibility is to the terms and machinery or roll forming process used. conditions of this Warranty.This Warranty supersedes and is in G. Slopes of the roof or sections with a pitch of less than one in lieu of any and all other warranties(whether expressed or implied) twenty-four or otherwise as to allow puddling or staining that are either in addition to or in conflict with the term(s)and H. Deterioration of finish or materials due to improper storage condition(s)stated herein prior to or during installation process. 7. In the event a court of competent jurisdiction rules that any portion I Deterioration of the finish or substrate caused by standing of this Limited Warranty is unenforceable,the remainder of this water or condensation Limited Warranty shall be construed and enforced as if the stricken portion was not a part hereof originally. BERRIDGE MANUFACTURING COMPANY l 6515 Fratt Road,San Antonio,TX 78218 I P.(210)650-3050 1 F (210)650-0378 rev 030810-20YR Kvnar Warranty