40-year Warranty
2Pages

Tapco Roofing Products Extended Warranty – Terms and Conditions – 1. Tapco Europe Limited (“TAPCO”) warrants to whichever of the Contractor and the Customer is the original purchaser (and to the Customer or any other party to whom the original purchaser transfers ownership as permitted in this document (a “Permitted Transferee”)) that the Tapco Roofing Products to which this warranty applies (i.e. only those TAPCO products that are branded as “TapcoSlate“ or “TapcoShake” and that are sold and purchased in the European Union, collectively referred to in the remainder of this document as the “Products”) will be free from manufacturing defects resulting in warping, cracking, splitting, rotting, peeling, flaking and blistering when subject to normal use for a period of forty (40) years from the date of supply (Delivery Date) of the Products to the original purchaser (the “Warranty Period”). 2. This warranty applies only to manufacturing defects in the Products and does not cover: 2.1. fair wear and tear of the Products; 2.2. any defects or failures in the Products or damage to the Products caused by: (i) any abuse, misuse or neglect of the Products, including (but not limited to) any improper handling or storage of the Products or any failure to install the Products completely in accordance with the manufacturer’s and/or TAPCO’s installation instructions and/or guidelines and/or any applicable local building regulations; (ii) any cause or event beyond TAPCO’s reasonable control, including (but not limited to) fire, earthquake, flood, lightning, hurricane, tornado, hail or any other Act of God; or (iii) TAPCO following any drawings, designs or specifications supplied by the original purchaser; 2.3. any differences in the Products from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements from time to time; or 2.4. any discoloration and/or variations in colour or uniformity to the Products caused by: 2.4.1. weathering and/or UV exposure; 2.4.2. algae, moss, shading or sap from trees, bushes, plants or ash from chimneys; 2.4.3. proximity of the Products to copper, zinc or any other metal; 2.4.4. exposure to chemicals directly applied to the Products or in the atmosphere; 2.4.5. any other cause or factor beyond TAPCO’s reasonable control. 3. In order to make a claim under this warranty, the original purchaser or Permitted Transferee must (within the Warranty Period): 3.1. provide evidence of the date of purchase of the purportedly defective Products; 3.2. provide evidence of the original cost of the purportedly defective Products; 3.3. provide evidence of being either the original purchaser or Permitted Transferee of the purportedly defective Products; 3.4. notify TAPCO of the purported defect in the Products within 2 months of identifying the purported defect; and 3.5. if required by TAPCO, supply a sample of the purportedly defective Products to TAPCO for laboratory analysis to enable TAPCO to: (i) examine and investigate the Products for the purported defectiveness; and (ii) confirm or otherwise such defectiveness. Should any manufacturing defect covered by this warranty be confirmed by TAPCO (whether by way of any such examination and investigation or otherwise) to have presented itself in any Products during the applicable Warranty Period, TAPCO shall at its sole option (within a reasonable amount of time after such confirmation): (i) replace or repair the defective Products free-of-charge (specifically excluding replacement underlayment and metals used for hips, ridges and valleys); or (ii) refund the amount paid by the original purchaser for the defective Products in accordance with the Warranty Pro-Ration Specification set out below. Please note that any repaired or replacement Products may have a gloss or colour difference to the original Products due to weathering and, for the avoidance of any doubt, any such difference is not considered a manufacturing defect for the purposes of this warranty. 4. This warranty is in addition to the rights provided pursuant to applicable national law and the terms of Directive 1999/44/EC of the European Parliament and of the Council of 25 May 1999 and does not conflict with or exclude such rights in any way. 5. Nothing in this warranty shall limit or exclude TAPCO’s liability for: (i) death or personal injury caused by its negligence, or the negligence of its employees, agents or subcontractors (as applicable); (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that it is unlawful to exclude or limit. Subject to the foregoing liabilities: 5.1. TAPCO shall under no circumstances whatever be liable to the original purchaser or Permitted Transferee, whether in contract, tort (including negligence), breach of statutory duty or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with this warranty; and 5.2. TAPCO’s total liability to the original purchaser or Permitted Transferee in respect of all losses arising under or in connection with this warranty, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstances exceed the price the original purchaser paid for the Products. 6. If there is a transfer in ownership of the Products, this warranty may be transferred under the terms and conditions of this warranty to the new owner within the first five years after the Products are purchased by the original purchaser. The effective date of the warranty will remain the date of supply (Delivery Date) of the Products to the original purchaser. This warranty cannot be transferred again. The new owner shall be responsible for establishing this effective date at the time any claim is made under this warranty to TAPCO’s reasonable satisfaction. In the event of a qualifying transfer of ownership in the Products, the Permitted Transferee shall be subject to the very same Warranty Pro-Ration Specification as was the original purchaser, i.e. a