We the undersigned do herby agree and guarantee, in the limits and under the conditions set forth herein, for ourselves, our successors and assigns to and with the owner of the building on the date set forth herein is of first class materials and constructed with industry standard on workmanship in accordance with agreed specification to exclude water from entering the building through said roof. We do hereby agree that we will make, at our expense any repairs to this roof that may become necessary to maintain it in a watertight condition for a period of __________ from the date of completion set forth herein, provided notice is given to us within the guaranteed period, and provided further said repairs are required because of any defects in the application of the roof or by reason of any defect in the material which we applied to the roof.
By acceptance of this guarantee, it is mutually agreed and understood that this guarantee does not extend to any of the damage to said from fire, earthquake, extreme wind, hail, or distortion, warping, settlement, build up of leave, needles, dirt and other debris or other defect in the foundation (roof deck) upon which the roof is applied and rests, nor injury cause to said roof by other parties by their actions or conditions beyond our control, nor to leaks from flashings, or parapet walls unless same were applied or waterproofed by us. We are not responsible for leaks from sky lights, air conditioning units, vents or other sheet metal installations, unless supplied and installed by us. It is further understood and agreed that nothing in this guarantee shall render us liable under any condition for damage sustained to the building or interior decorations and furnishings or merchandise within the building in the event of leaks.
In the event of a question as to the cause of any leaks, which may develop we reserve the right to have an investigation made by ourselves or and outside party selected by ourselves and both parties agree to be bound by such findings as to the cause of said leaks.
It will be the duty of the owner, his agent or tenant, to ascertain, with responsible certainty that the leaks reported to us for service are entering through the roof ad that the cause is from defective materials or workmanship, and not from other causes or sources. A charge will be made by us for the cost of a mechanic’s time plus insurance and cartage plus any materials expended in making this investigation if we find that the trouble is caused by other than defects in workmanship or materials applied by us. This charge is made necessary by the very large number of calls that are referred to us for service where the leaks are in skylights, vents, or air conditioner or caused by roof drains being stopped up or damage done by others, sign maintenance, TV service or similar conditions. They are no fault of the roof and are beyond our control and would entail a very large expense upon us if we did not charge for our services.
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