BSR Exclusive Guaranty
BSR is proud of the reputation of our guaranty. It is a "peace of
mind" assurance that BSR will guaranty eligible work against leaks for
caused by either workmanship or material. Defective material or
workmanship will be repaired or replaced at no cost to the owner as
described below:
BSR
LIMITED GUARANTY FOR ROOFING
Revised 4/98
BSR
hereby guarantees, subject to the terms and conditions hereof, that for a period
of 10 years, it will at no expense to the OWNER make repairs to leaks resulting
from defects in workmanship or materials performed by BSR. BSR shall within the
guaranty period and during normal working hours, inspect and furnish the labor
and materials to repair leaks covered under this Limited Guaranty at no cost to
the OWNER.
This
Guaranty is made under and is subject to the following terms and conditions:
1.
In order to obtain
performance of any Guaranty obligation, the OWNER must first notify BSR of any
repairs required under this Guaranty. Notice shall be given to BSR in writing
promptly after a leak is experienced. BSR shall make repairs as soon as
practicable after receiving notice from the OWNER, weather permitting.
2.
Repairs, alterations or additions to the roof surface made by other than BSR
shall cancel this Guaranty unless approved in writing by BSR.
3.
BSR shall not be
responsible for any leaks caused by:
(a)
lightning, gale,
hurricane, tornado, hail, windstorm, acid rain, ice storm, thermal shock and
other unusual phenomenal of the elements;
(b)
other elements of
the building, including cracking, unusual movement, settlement, deflection,
deterioration or decomposition of the roof deck, fascia, walls or foundation,
water entry through points other than the roofing materials installed by BSR,
whether in existence prior to the time of completion or arising thereafter;
(c)
inadequate
drainage, slope, ice backup or other conditions beyond the control of BSR
which cause ponding or standing of water on the roof;
(d)
abuse, misuse,
accident or negligence by any person other than BSR;
(e)
damage caused by
birds or other animals.
4.
Nothing in this
Guaranty shall render BSR liable in any respect for any damage to the OWNER’S
building, or any components or contents thereof, including the roof decking,
fascia, insulation and rafters. It is the responsibility of the OWNER to
inspect ceilings and overhangs periodically for signs of leakage and to report
promptly any such leakage.
BSR SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL
DAMAGES.
5.
This Guaranty shall accrue only to the benefit of the OWNER named herein, and it
shall not accrue to the benefit of any other party except with the written
consent of BSR.
6. BSR shall have no obligation pursuant to this Guaranty
until all bills for installation, supplies and services in connection with the
roofing covered by this guaranty have been paid in full.
7. BSR’s obligation to make repairs to leaks during the
term of this guaranty is its sole obligation to OWNER. This Guaranty and the
Proposal and Contract, of which this Guaranty is a part, constitute the entire
agreement between BSR and the OWNER and no other representations or agreements
pertaining to the work performed by BSR have been made. BSR shall have no
obligation with respect to the roof upon the expiration of the Guaranty Period
set forth above.
THIS WARRANTY IS GIVEN AND ACCEPTED IN LIEU OF ALL OTHER
LIABILITY OR WARRANTIES ON THE PART OF BSR EXPRESSED OR IMPLIED, IN FACT OR IN
LAW. ALL IMPLIED WARRANTIES AND SPECIFICALLY THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE ARE EXPRESSLY EXCLUDED AND
DISCLAIMED
8.
In the event the
OWNER reports leaks which are not covered by this Guaranty, BSR will notify the
OWNER that the reported leaks are not covered by this Guaranty, provide the
OWNER with an estimate to perform repair work if the repairs are of the type
normally performed by BSR and, if authorized, proceed with repair work as soon
as practicable.
9.
Any claim alleging
any breach of this Guaranty or any other claim against BSR shall be resolved in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association and must be initiated no later than one (1) year after
the claim originated.
IN
WITNESS WHEREOF, BSR has caused this instrument to be executed by its duly
authorized representative on the date of the final invoice for the work subject
to this limited guaranty.
