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HomeMy Public PortalAboutWarranty - Delta Metals 10-23-19.pdfSHEET METAL ROOF WORK OWNER: ADDRESS OF OWNFR: LOCATION OF BUILDING: DELTA METALS, INC. TELEPHONE (912) 234.8201 218 EAST LATHROP AVENUE TELEFAX 191 2) 234-7046 POST OFFICE BOX 1746 SAVANNAH. GEORGIA 31402-1706 STANDARD ROOFING GUARANTEE Ci ofrvbeeIsland 403 Butler Avenue. Tybee Island- Georgia 3132.8 6 Polk Street. Tybee Island, Georgia 31328 _ DATE OF SUBSTANTIAL COMPLETION OF ROOFING: 10/2119 DELTA METALS, INC., a Georgia corporation with its office at 218 East Lathrop Avenue, Savannah, Georgia, hereinafter referred to as -Delta", guarantees to the original owner named above to maintain the roof installed by Delta on the building known as DPW Roof Replacement in a watertight condition at its own expense for a period of 1 years from the date of substantial completion of roofing set forth above, subject to all the terms and conditions herein set forth: I Fhls guarantee is given and accepted in lieu of all other liabilities or warranties on the part of Delta Metals, Inc., expressed or implied, in fact or in la%% _ including without limitation the warranty of merchantability and the warranty of fitness for a particular purpose. 2. Delta's sole responsibility and liability under this guarantee and Owner's exclusive remedy hereunder is specifically limited to the repairs that may become necessary to maintain the roof in a watertight condition for a period of 1 years from the date of substantial completion as shown above only when such repairs are solely caused by faulty workmanship. Delta shall have no other liability or responsibility with respect to this guarantee other than its repair of the roof installed by it and there shall be no liability for damage to other components of the roof or of the building or to the contents of the building, nor shall there be any liability for any incidental or consequential damages of any nature whatsoever, including without limitation, loss of profit and damage to person or property. 3 This guarantee shall accrue only to the original owner named above and shall not accrue to the benefit of any tenant, purchaser, successor or assign, of the original named owner. 4. The owner will notify Delta if repairs covered hereunder are required and such notice will be given to Delta by Registered Mail to its address at P.O. Box I Savannah, Georgia 31402, within thirty (30) days after the necessity of such repairs is or should have been discovered. Failure to give such notice as aforesaid shall negate am and all responsibility and liability of Delta under this guarantee. This guarantee hying expressly limited to the repairs to the roof necessary to correct any leaks occasioned by faulty workmanship in the application ofmaterials by Delta, it is understood that this guarantee shall not include nor shall Delta be responsible or liable for any repairs caused by any other act whatsoever, including but not limited to the following: (a) Roof damage and repairs necessitated b% natural disasters, i.e., windstorm. hail, flood, hurricane, lightning, tornado, gale, cyclone, earthquake, or other phenomena of the elements. (b) Roof damage and repairs necessitated by structural defects or failures, Or defects or failures to the roof base or insulation over which the roof is applied. (c) Roof damage and repairs necessitated by misuse, negligence, or accident in any way. (d) Roof damage and repairs necessitated by the failure of the owner to promptly make repairs for which it is responsible after discovery of the need for repair is made or should be made in the exercise of reasonable care. (e) hoof damage and repairs necessitated by fire or other casualt} of every nature. (t) Roof damage and repairs necessitated from any new installation on, through or adjacent to the roof. (g) Specifications for and design of all portions of the building, including the roof, are at the discretion of and are the responsibility of the owner to meet the specificjob requirements and are items for which Delta Metals, Inc. assumes no responsibility. (h) Delta shall not be liable for repairs necessitated by faulty rooting materiais or any other materials or supplies used to the installation of the roof. Delta does not warrant that any materials used by it in the installation of the roof are free from manufacturer's defects, but will assign to the owner the manufacturer's warranty, if any, without any liability to Delta. 6 This guarantee shall terminate and cease if a sprinkler system, water or air cooling equipment, radio or television aerial or aerml s_ framework for sign, water tower or other addition, shall be installed on the roof during or after the completion of the roof, or if there are any alterations or repairs to the roofing system, unless Delta shall first be notified of such proposed installation or repair and shall have first given its written approval to the making of the necessary roofing application %N ith respect thereto, and the materials to be used to join such proposed installation to the roof and the method of application of such materials and structures, and unless any repair work shall be done under the supervision of or subject to the inspection and approval of Delta. 7. This guarantee becomes etyective only when bills for installation, supplies and services have been paid in full to Delta and shall terminate. I years from the date of the substantial completion ofthe roof as shown above unless otherwise terminated earlier as provided herein. S. No suit or action shall be brought on this guarantee unless instituted within one year after discovery bt owner of the need of repairs and the owner has notified Delta 1n writing by Registered Mail as hereinbefore set forth in pami _-raph 4. THIS GUARANTEE IS EXPRESSLY IN LIEU OF ANY OTHER GUARANTEES AND/OR WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND OF ANY OTHER OBLIGATIONS OF LIABILITY ON THE PART OF DELTA METALS, INC. IN NO EVENT SHALL DELTA METALS, INC. BE LIABI.I. FOR CONSEQUENTIAL OR INCIDENTIAL DAMAGES OF ANY KIND. I.\ WITNESS WHEREOF, Delta Metals. Inc. has caused this guarantee to be executed on this 23rd day of October. 20 19. DELTA METALS, INC. � / ACCEPTED: � BY: _ Scott Rasp-Ticka, CE (owner)