Warranty

Products and Persons Covered

This limited warranty (the “Warranty”) covers Number One Grade & Premium S & W Forest Products Ltd. cedar shakes and shingles (the “warranted product”). The Warranty may be enforced only by the original home/building owner (the “original owner”) from the date of completed installation.

Terms of Limited Warranty

Subject to the limitations and exclusions set forth below, S & W Forest Products Ltd., (the “Company”) warrants to the original owner that the warranted product has been manufactured, inspected, and graded in accordance with UBC 32-8 and 32-11 Standards and will remain free from leaks caused by original product defects as described in the Standards for a period of 30/50 years.

Remedies

If a warranted product leaks within the applicable warranty period due to an original product defect as described in the Standards, the Company shall, upon receiving a bona fide warranty claim, at its sole election, and subject to the limitations and exclusions set forth below, either (1) furnish replacement shakes, or (2) refund a pro rata portion (the “pro rata refund”) of the amount the original owner paid for the purchase of the defective shakes (the “purchase pice”). These remedies err the exclusive and sole remedies available under the Warranty.

In the case of replacement the Company shall be responsible only for the cost of purchasing replacement product (the “replacement costs”) up to a maximum amount equivalent to the amount of any pro rata refund that would be paid for the same warranty claim. The original owner shall be responsible for any replacement costs above this maximum amount, as well as any additional expenditures for labour or materials, such as tear-off (product removal) costs, or the cost of installing, repairing or replacing venting, metal work, flashings, underlayments, fasteners or other related materials.

In the case of pro rata refund, the amount of the refund shall be determined by multiplying the purchase price by the percentage of the warranty period remaining (determined by dividing the number of months remaining in the applicable warranty period by the total number of months in the warranty period) as of the date the Company receives the warranty claim.

Limitations and Exclusions

The warranty shall not be effective unless each and every bundle of product applied to the roof carries the S & W Forest Products Ltd. Number One Grade or Premium identifying label.

The warranty shall not apply to cedar shakes and shingles installed in Alabama, Delaware, Florida, Georgia, Hawaii, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, South Carolina, Texas (in the counties of Angelian, Austin, Brazos, Chambers, Fort Bend, Galveston, Grimes, Hardin, Harris, Jasper, Jefferson, Orange, Liberty, Montgomery, Newton, Polk, Sabaine, San Augustine, San Jacinto, Trinity, Tyler, Walker, Waller, and Washington), Virginia and West Virginia, unless they are preservative treated and warranted by the preservative Treater, warranty which is separate from this limited warranty.

This warranty does not cover:

1. Improper Installation. Warranted product’s failure due to improper installation, or application not in accordance with the specifications of the manufacturer and those described by the Cedar Shake & Shingle Bureau.
2. Tear-Off and Other Costs. Tear-off (product removal) costs, or the cost of installing, repairing or replacing venting, metal work, flashings, underlayments, fasteners or other related materials.
3. Unapproved Use. Cedar shakes or shingles that are used for any purpose other than roofing or exterior wall siding.
4. Extended Use. Warranted product’s failure due to hurricane, tornado, hail, lightening, flood, fire, explosion, mudslide, earthquake, volcanic eruption, falling objects, aircraft, vehicles, accidents, riot, civil commotion, war, or acts of God.
5. Failure Caused By Other Circumstances. Warranted product failure caused by settling of the home/building foundation, warping, distortion, failure of the roof deck or walls, or damages caused by venting, metal work, flashings, underlayments, fasteners, or other materials used in the application of the roof.
6. Neglect. Warranted product failure caused by neglect, abuse, misuse or improper upkeep and maintenance.
7. Improper Handling. Warranted product failure caused by improper handling, shipment or storage.
8. Improper Maintenance. Warranted product failure due to buildup of moss, leaves, needles, branches or other debris or damage resulting from repairs, power washing or attempted repair by anyone other than the Company or an authorized representative of the Company.
9. Insects or Animals. Warranted product failure caused by insects or animals.
10. Improper Ventilation or Drainage. Warranted product failure caused by improper ventilation or roof drainage that is not in accordance with FHA or CSSB standards.
11. Modifications. Warranted product failure due to repairs or alterations made to the roof or walls after their original installation.
12. Paints or Coatings. Warranted product failure or damage caused by paints, coatings or other solutions:
13. Other products. Warranted product failure caused by flashing, vents, underpayments, skylights, solar heating apparatus or other similar installations.
14. Consequential damage. Any damage of any kind whatsoever, including damage to the interior or the exterior of the home/building.
15. Factors Beyond the Bureau’s Control. Warranted product failure caused by factors that are beyond the control of the Company. The serviceable life of a warranted product is affected by several factors such as climate index, quality of installation, maintenance, normal wear and tear, ventilation, and the type and quality of underlayments. The Company assumes no responsibility for the warranted product failure or damage caused by these factors.
16. Raw and CCA treated. Hot dipped galvanized, type 304 or 316 stainless steel fasteners are recommended. S & W Forest Products Ltd. does not warranty fasteners.

Disclaimer and Limitations of Liability

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY OFFERED BY THE ORAL OR WRITTEN, EXPRESS OR IMPLIED, AND, EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE COMPANY DISCLAIMS ALL WARRANTIES OR REPRESENTATIONS REGARDING ANY SPECIFIC QUALITIES OR CHARACTERISTICS OF ANY WARRANTED PRODUCTS, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PERSONAL OR PROPERTY DAMAGES (INCLUDING DAMAGES TO THE BUILDING OR ITS CONTENTS, OCCUPANTS OR INSTALLERS) RESULTING FROM THE WARRANTED PRODUCT OR ITS INSTALLATION. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS OR THE EXCLUSION OF INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU, THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. YOU ARE SOLELY RESPONSIBLE TO DETERMINE THE DETAILS, REQUIREMENT AND APPLICABILITY OF THE STATE LEGISLATION AND STATUES.

Warranty Registration

This warranty is effective upon proper registration with the company and the issuance of a Warranty Acknowledgment by the company to the original owner. To register the warranty, the original owner must submit a completed warranty registration form, to the company WITHIN THIRTY (30) DAYS after installation of the warranted product. Upon receipt of the completed warranty registration form, together with all materials required from the installer, the company will issue a 30/50 YEAR LIMITED WARRANTY CERTIFICATE to the original owner.

Claim Procedure

To make a claim under this warranty the original owner must, WITHIN THIRTY (30) DAYS after discovery of the alleged defect to which the claim relates, send a written description of the claim along with copies of the 30/50 YEAR LIMITED WARRANTY CERTIFICATE to:

S&W Forest Products
9500-288th Street
Maple Ridge, British Columbia, CANADA V2W 1L1

OR

S&W Forest Products
PO BOX 457
Sumas, WA, USA 98295

The Company reserve the right to have a representative inspect all warranted products that is claimed to be defective under the terms of this warranty. Any alteration, removal, or repair of material claimed to be defective prior to settlement of the claim shall bar any right to seek relief under this warranty. The Company should be entitled to charge a service fee if the alleged defects not covered by the warranty.

Governing Law

This warranty will be interpreted and the rights and remedies of the original owners determined by the court of, and in accordance with the laws of, the province of British Columbia, and the original owner agrees to the jurisdiction of the courts of such province.

Entire Warranty

This document contains the entire warranty liability and obligation of the Company with respect to the warranted product and may not be altered or modified other than in writing signed by the Company and may be not altered by any wholesaler, dealer, roofer, contractor, representative, or manufacturer.