U. S. Commercial Coatings warrants that U. S. Commercial Coatings’ Super Cool Roof Sealant SCR-1009 (product) is free from defects. However, there are many factors which may affect the performance of your product, including without limitation, weather, excessive heat, workmanship, equipment utilized, prior conditions of the substrate, other work performed to the roof, and/or components located on the roof after application, ballistic strikes, animals and/ or insects, and/ or other factors which are beyond our control, and therefore we cannot guarantee the results of the application of U. S. Commercial Coatings’ Super Cool Roof Sealant SCR-1009 (product), including but not limited to, appearance, water tightness, and/or suitability for the substrate. The substrate coated must be structurally sound, free of leaks and other damage, and have a reasonable remaining life expectancy prior to the application and coating of the roof structure with U. S. Commercial Coatings’ Super Cool Roof Sealant SCR-1009 (product).
In the event of a warranty claim, we will replace, at no charge to you our customer, any product proved to have a material defect during the life expectancy of the existing roof, provided the roof substrate was in good working order prior to application, the roof structure was properly cleaned and prepared prior to application utilizing our pre-application preparation products in accordance with our written instructions, and the product was applied in accordance with our written instructions and methods. Replacement product will be of equal or greater quality, and product may be substituted for a new product line of equal value and quality. For each and every warranty claim under this Limited Lifetime Warranty, the claimant must, within fifteen (15) calendar days of such failure of the product, provide their Warranty Registration Number, proof of purchase, email address, a brief description of the claim, and may be required to provide proof of the pre-application inspection by a state licensed and qualified roofing company. Purchaser shall be solely responsible for the costs of shipping any replacement product, and applicable taxes if any. Any claims brought more than fifteen (15) calendar days of the date of failure may be covered under this warranty at U. S. Commercial Coatings sole discretion.
This Limited Lifetime Warranty is null and void if U. S. Commercial Coatings’ Super Cool Roof Sealant SCR-1009 (product) is coated over, patched, painted, and/ or covered in any way with any product other than the same U. S. Commercial Coatings’ Super Cool Roof Sealant SCR-1009 (product) as originally installed or with any other approved product from U. S. Commercial Coatings’. This Limited Lifetime Warranty is further null and void if the product is damaged by acts of another contractor, subcontractor, subtrade, including without limitation, roofer, repairpersons, pressure washers, air conditioning work, and/ or work performed to any chimneys and/or penetrations in the roof. In the event pressure washing of the roof is necessary for any reason at a later date and time, U. S. Commercial Coatings offers such services in a manner that shall protect the integrity of the product and which shall ensure the warranty remains in full force and effect.
In the event of a transfer or sale of the property to a new owner, this Limited 5 Year Warranty is transferable one time upon written notice to U. S. Commercial Coatings, which shall include the Warranty Registration Number, name of the original owner and new owner, ownership history, property address, and payment of a one-time transfer fee of $250.00 within thirty (30) days of the date of transfer of the property. This Limited 5 Year Warranty is only transferrable one time without the express written consent of U. S. Commercial Coatings.
TERMS AND CONDITIONS, DISCLAIMER OF WARRANTIES, AND LIMITATION OF LIABILITY
THIS LIMITED WARRANTY IS IN LIEU OF ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. U. S. COMMERCIAL COATINGS SHALL HAVE NO LIABILITY OF ANY KIND BEYOND PRODUCT REPLACEMENT, INCLUDING WITHOUT LIMITATION, FOR CONSEQUENTIAL, EXEMPLARY, AND/OR INCIDENTAL DAMAGES RESULTING FROM ANY DEFECTS AND/OR ANY DELAYS CAUSED BY REPLACEMENT AND/OR OTHERWISE. IF PURCHASER DOES NOT ACCEPT THESE TERMS OF THE U. S. COMMERCIAL COATINGS LIMITED WARRANTY, PURCHASER MAY RETURN, WITHIN 30-DAYS OF PURCHASE, ALL CONTAINERS OR PACKAGES OF PRODUCT PURCHASED FOR A FULL REFUND, PROVIDED THE CONTAINERS AND/OR PACKAGING IS UNOPENED, AND LESS SHIPPING CHARGES, IF ANY. RETENTION OF PRODUCT BEYOND 30-DAYS FROM THE DATE OF PURCHASE, AND/OR USE OF PRODUCT SHALL CONSTITUTE ACCEPTANCE OF U. S. COMMERCIAL COATINGS’ LIMITED WARRANTY TERMS, CONDITIONS, AND DISCLAIMERS. THIS LIMITED WARRANTY PROVIDES THE PURCHASER’S AN EXCLUSIVE REMEDY FOR ANY DEFECT IN THE PRODUCT AND/ OR DAMAGE CAUSED BY THE PRODUCT AND ITS APPLICATION METHODS, INCLUDING WITHOUT LIMITATION, ANY DAMAGE TO THE STRUCTURE AND/ OR CONTENTS. IN THE EVENT ANY PURCHASER SEEKS TO HOLD U. S. COMMERCIAL COATINGS LIABLE FOR ANY OTHER DAMAGES, FOR ANY REASON, AT ANY TIME, IN ANY AMOUNT, DUE TO OR ARISING OUT OF THE USE AND/OR APPLICATION OF U. S. COMMERCIAL COATINGS PRODUCT, CUSTOMER UNDERSTANDS, ACKNOWLEDGES, AND AGREES THAT DAMAGES ARE EXPRESSLY LIMITED TO THE COST PAID BY THE ORIGINAL PURCHASER, LESS ANY APPLICABLE TAX AND SHIPPING COSTS. THIS WARRANTY PROVIDED THE SOLE AND EXCLUSIVE REMEDY OF PURCHASER AGAINST U. S. COMMERCIAL COATINGS.
IN THE EVENT PURCHASER WITHHOLDS ANY MATERIAL INFORMATION RELATED TO A WARRANTY CLAIM, THE WARRANTY SHALL BE DEEMED NULL AND VOID, AND U. S. COMMERCIAL COATINGS, MAY, IN ITS SOLE DISCRETION, DENY ANY WARRANTY CLAIM, AND PURCHASER SHALL BE EXPRESSLY AND SOLELY LIABLE FOR ANY AND ALL DAMAGES ARISING OUT OF, OR RELATED TO, THE USE AND APPLICATION OF U. S. COMMERCIAL COATINGS’ PRODUCTS AND PURCHASER SHALL INDEMNIFY AND HOLD U. S. COMMERCIAL COATINGS HARMLESS FOR ANY AND ALL RESULTANT DAMAGES, TO PERSON OR PROPERTY, UP TO THE AGGREGATE OF INSURANCE OR $1 MILLION, WHICHEVER IS GREATER, TO THE FULLEST EXTENT OF THE LAW AND IN ACCORDANCE WITH SAME.
U. S. COMMERCIAL COATINGS SHALL NOT BE LIABLE FOR, AND THIS WARRANTY SHALL NOT COVER, ANY DEFECT OR DAMAGES RELATING TO ANY MATTER OUTSIDE OF THE CONTROL OF U. S. COMMERCIAL COATINGS, INCLUDING WITHOUT LIMITATION, DAMAGES OR DEFECTS CAUSED BY SHIPPING METHODS, ACCIDENTAL, UNAUTHORIZED, OR IMPROPER HANDLING, INAPPROPRIATE USE, ABUSE, NEGLECT, UNAUTHORIZED REPAIR OR MODIFICATIONS TO THE PRODUCT AND/OR CLEANING AND APPLICATION METHODS, NATURAL OCCURRENCES, WEATHER RELATED DAMAGE, ACTS OF VANDALISM, ACTS OF GOD, AND/ OR ACTS OF TERRORISM. IN THE EVENT CUSTOMER OWES U. S. COMMERCIAL COATINGS ANY BALANCE ON ACCOUNT, SUCH BALANCE MUST BE PAID IN FULL PRIOR TO MAKING ANY WARRANTY CLAIM OR SUCH CLAIM IS BARRED.
IN THE EVENT OF A WARRANTY CLAIM, U. S. COMMERCIAL COATINGS, MAY, AT ITS SOLE DISCRETION, ELECT TO INSPECT THE PREMISES, AND PURCHASER AGREES TO PERMIT AND FACILITATE SAME AT A MUTUALLY AGREEABLE TIME. FAILURE TO PERMIT U. S. COMMERCIAL COATINGS AN INSPECTION WILL RENDER THIS WARRANTY VOID.
APPLICATION OF U. S. COMMERCIAL COATINGS PRODUCT TO NON-ROOF OR NON-APPROVED SUBSTRATES OR SURFACES, SUCH AS VEHICLES, DECKS, DOCKS, BOATS, FLOORING, FOUNTAINS, ETC. WILL NOT BE COVERED UNDER THIS LIMITED WARRANTY, AND U. S COMMERCIAL COATINGS IS EXPRESSLY NOT LIABLE FOR ANY DAMAGES ARISING OUT OF OR IN CONNECTION TO SUCH USAGE AND APPLICATION UNLESS OTHERWISE AND EXPRESSLY AGREED TO, IN WRITING, BY U. S. COMMERCIAL COATINGS, PRIOR TO ANY SUCH UNAUTHORIZED APPLICATION.
U. S. COMMERCIAL COATINGS LIMITED LIFETIME WARRANTY IS SUBJECT TO THE TERMS AND CONDITIONS, DISCLAIMER OF WARRANTIES, AND LIMITATIONS ON LIABILITY, WHICH ARE REFERENCED BELOW, AND WHICH MAY, FROM TIME TO TIME AND AT U. S. COMMERCIAL COATINGS SOLE DISCRETION, BE AMENDED OR MODIFIED FROM TIME TO TIME, AND IT IS THE VERSION CONTAINED ON U. S. COMMERCIAL COATINGS’ WEBSITE AS OF THE DATE OF ANY WARRANTY CLAIM, WHICH SHALL CONTROL, IN THE EVENT OF ANY CONFLICT WITH THIS DOCUMENT.
U. S. COMMERCIAL COATINGS SHALL NOT BE LIABLE FOR ANY STATEMENTS OR GUARANTEES OF ANY PERSON NOT RELATED TO U. S. COMMERCIAL COATINGS RELATED TO ANY PRODUCT OR APPLICATION METHOD OF U. S. COMMERCIAL COATINGS.
