Tremco Product Infomation.pdf

WARRANTY NUMBER: [Project Number]-[Warranty Number]

WHAT IS WARRANTED AND WHAT WILL THE COMPANY DO?

Subject to the terms, conditions, and limitations stated in this warranty, the products (the “Products”) will be free from manufacturing defect at the time of purchase, will remain in a watertight condition and will perform as warranted in the manner specified for the stated term(s) measured from the Date of Project Substantial Completion, all as outlined on the attached Exhibit. The Exhibit is an integral part of this warranty.

THE COMPANY WILL SUPPLY LABOR AND MATERIALS TO REPAIR OR REPLACE ANY PRODUCTS THAT DO NOT

PERFORM AS WARRANTED HEREUNDER.

The Company will determine in its sole discretion the appropriate scope and method of repair or replacement to remedy any condition covered by this warranty.

The total liability of the Company over the life of this warranty shall not in any event exceed the aggregate dollar value of the original cost of the Products specified in the attached Exhibit.

The term of this warranty may be extended for an additional 2 years with involvement on the project of a Company-approved, third-party consultant (“Consultant”) engaged by the Owner or its authorized representative, at the Owner’s sole expense. Inspection reports generated by the Consultant shall be made available to the Company and the Owner. All deficiencies identified by the Consultant in the inspection reports must be addressed and corrected in accordance with the project specifications, good waterproofing practices generally accepted in the industry, and the Company’s published application instructions. Written confirmation that all deficiencies have been addressed and corrected must be provided by the Consultant and Applicator to the Company and the Owner. Actions taken to resolve all deficiencies identified shall be specifically noted in the written confirmation.

CONSTRUCTION

MANAGER:

OWNER: GENERAL

CONTRACTOR:

ARCHITECT/ ENGINEER: AGGREGATE

MATERIAL

PURCHASE VALUE:

ISSUER (THE “COMPANY”): [List all manufacturers/ sellers of Products listed in the Exhibit. For example, Tremco Incorporated, Dryvit Systems, Inc., The Euclid Chemical Company, etc.]

PROJECT NAME &

ADDRESS:

DATE OF PROJECT

SUBSTANTIAL

COMPLETION:

HOW DO I GET SERVICE?

The Owner must notify the Company within 30 calendar days from the date that the Owner discovered, or should have discovered, the existence of a claim under this warranty, and before beginning any permanent repair, by submitting a service request form at https://warranties.tremcocpg.com or by emailing the Warranty Administrator at warrantyadmin@tremcoinc.com. Emailed notice must include the warranty number and a written description of the location, scope, and nature of the alleged failure of the Products to perform as warranted. Photographs or videos of the damaged area are often useful and should also be submitted if available.

The Owner must provide the Company with a reasonable opportunity to investigate the claim and the alleged failure of the Products to perform as warranted herein. The Owner shall have the sole responsibility, at the Owner’s cost and expense, to provide the Company with free and full access to the installed Products during regular business hours for purposes of the investigation, including obtaining necessary approval and/or releases from building occupants who may be affected by the investigation and/or by any remedy the Company may provide under this warranty. The Company shall not be responsible for removal of any materials which may cover the Products, or any costs associated with removing or replacing any such materials.

GENERAL REQUIREMENTS:

There will not be any coverage under this warranty unless all the following apply:

The Products were installed in strict compliance with the project specifications, good waterproofing practices generally accepted in the industry, the Company’s published application instructions and technical literature, and any additional written requirements provided by the Company.

The installation was performed by an Applicator who has received appropriate training prior to installing the Products.

A pre-construction meeting was conducted with representatives of the Company, the Applicator, the Owner, and the Consultant (if applicable) prior to installation of the Products.

The Products are used with compatible materials and substrates (in compliance with the Company’s published application instructions/technical literature or as otherwise approved in writing by the Company).

The Products are applied within their stated shelf life.

The Products are used in applications approved by the Company as suitable.

The Products are applied to a sound, properly prepared substrate in accordance with published application instructions.

Request for Issuance of the warranty must be made within 12 months following the “Installation Completion Date “ of the Tremco Product (s) The Installation Date of Material(s) by Exhibit will serve as the Project Substantial Completion Date for Warranties filed over 24-months after the date of the installation of the materials.

https://warranties.tremcocpg.com/ mailto:warrantyadmin@tremcoinc.com

LIMITATIONS AND EXCLUSIONS:

The Company shall not be responsible for, and this limited warranty does not cover, any loss resulting from any of the following:

The use of other manufacturers’ products unless such products are specifically recommended or approved by the Company in writing in advance of their installation, in connection with the use of the Products.

Any repairs, replacements, penetrations, or alterations of the Products by any person or entity other than authorized representatives of the Company without prior written consent of the Company.

Water passing through any portion of a structure or building component other than directly through the Products due to a failure in the Products and/or connections between the Products (so long as the connections are Company Products), or any interior moisture, vapor, or condensation.

Construction, design, specification, storage, application, exposure, installation practices, use of the Products, or use of material, that is not in compliance with the Company’s published literature.

Unauthorized changes in the Products’ details or specifications for the project that were not reviewed and approved in advance by the Company in writing.

Failure to maintain the building and the Products with reasonable care.

Mold, mildew, insects, pests, fungi, algae, bacteria, air quality, and similar conditions.

Improper design, engineering, application installation or workmanship of any portion or component of the Products or the structure; or failure, distortion or structural movement of the walls, foundation, or any other portion or component of the structure, including, but not limited to, movement, cracking, deflection, settling of the building or movement of the framing members.

Impact with objects, hurricanes, tropical storms, tornadoes, high winds, hailstorms, earthquakes, sandstorms, floods, natural disasters, fires, vandalism, war, terrorism, animals, other similar acts of God or nature, force majeure events, or significant or unintended immersion or pooling of water.

Abuse, misuse, neglect, damage, or negligence by the Owner, the Applicator, the general contractor, or other trades performing work on the project, or any third party.

Change in principal usage or amount of usage of structure without prior written approval of the Company.

Intermixing of the Products with other chemicals or materials not specifically required by the Company’s specifications or application instructions.

If, at the Owner’s request, the Company performs any services or supplies any materials as a mitigation or remediation measure in connection with any unwarranted loss described above, the Company shall be entitled to compensation for such services or materials.

The Company makes no warranty with respect to appearance or color. No representative of the Company has the authority to make any representations, warranties, or promises except as stated herein.

No waiver by the Company of any limitation, term or condition of this warranty shall operate as a waiver of any other limitation, term or condition applicable to any claim, whether of like or different nature. No delay or failure on the Company’s part to enforce any right or claim, which it may have hereunder, shall constitute a waiver of such right or claim.

If any part of this warranty shall be determined to be invalid, then such portion shall be deemed severed from the warranty and the remaining terms, exclusions and limitations shall apply.

The Company’s obligations under this warranty are expressly conditioned upon receipt of full payment for the Products. Any delay in full payment to the Company shall not extend the warranty term.

This warranty is issued to the above-named Owner and is not assignable or transferable, except upon the express written consent of the Company.

THE COMPANY UNDERTAKES NO RESPONSIBILITY FOR THE QUALITY OF THE PRODUCTS EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY. IN OTHER WORDS, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED

WARRANTIES OF MERCHANTABILITY.

THE COMPANY ASSUMES NO RESPONSIBILITY THAT THE PRODUCTS WILL BE FIT FOR ANY PARTICULAR PURPOSE FOR WHICH THE PRODUCTS MAY BE PURCHASED, EXCEPT AS PROVIDED IN THIS LIMITED WARRANTY. IN OTHER WORDS, THE COMPANY EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF FITNESS FOR A

PARTICULAR PURPOSE.

THE COMPANY MAKES NO OTHER OR FURTHER WARRANTIES IN CONNECTION WITH THE PRODUCTS EXCEPT AS

EXPRESSLY STATED IN THIS WARRANTY DOCUMENT.

THE COMPANY WILL NOT BE RESPONSIBLE UNDER THIS LIMITED WARRANTY FOR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, WHETHER ARISING IN CONTRACT OR TORT (INCLUDING INTENTIONAL, NEGLIGENCE OR OTHERWISE), FOR BREACH OF WARRANTY OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT ARISING FROM OR RELATING TO, DIRECTLY OR INDIRECTLY, THIS WARRANTY, OR THE PERFORMANCE OF, DEFECTS IN, OR IN ANY WAY CONNECTED WITH, THE PRODUCTS COVERED BY THIS WARRANTY. THE COMPANY WILL HAVE NO LIABILITY FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY OTHER DAMAGE TO THE BUILDING OR THE CONTENTS OF THE BUILDING AND FOR ANY OTHER CLAIMED DAMAGES, LOSSES, COSTS AND EXPENSES OTHER

THAN AS EXPRESSLY SET FORTH IN THIS WARRANTY.

THIS REMEDY EXPRESSLY SET OUT IN THIS WARRANTY WILL BE THE EXCLUSIVE REMEDY FOR ALL PERSONS ENTITLED

TO WARRANTY COVERAGE AS DESCRIBED ABOVE. NO OTHER REMEDY SHALL BE APPLICABLE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF CERTAIN REMEDIES OR THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE EXCLUSIONS AND LIMITATIONS OF REMEDIES AND DAMAGES IN

THIS SECTION FULLY APPLY TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW.

The terms of this warranty may not be altered, modified, or supplemented except in a writing signed by an officer of the Company that expressly refers to this warranty document and number.

In the event the Owner: (i) fails to provide the Company with timely notice as described above, (ii) fails to provide required access to the installed Products, (iii) undertakes or permits any actions that cause or contribute to failures, such as unauthorized repairs or perforations of the Products, or (iv) otherwise fails to fulfill its responsibilities as described herein, the Company reserves the right to void this warranty upon written notice to the Owner.

To expedite processing, this document may be completed and delivered in electronic form only. This limited warranty applies only to Products installed in the United States and Canada. Under the Quebec Consumer Protection Act, the Company must provide a warranty to consumers, as defined in the Act, that the Company’s products shall be fit for the purpose for which such products of that kind are ordinarily used and that the Products must be durable in normal use for a reasonable length of time, having regard to their price and other factors. For more information about your rights if you are a consumer as defined in the Act, you should consult the Quebec Consumer Protection Act at https://www.educaloi.qc.ca/en/capsules/legal-warranty-automatic-protection-consumers.

Since the Products are building materials and are not intended to be sold to a “consumer” except as part of real estate or as a major addition thereto, this warranty shall not apply to any party constituting a “consumer” as such term is defined by the Magnuson-Moss Warranty Act.

https://www.educaloi.qc.ca/en/capsules/legal-warranty-automatic-protection-consumers https://www.educaloi.qc.ca/en/capsules/legal-warranty-automatic-protection-consumers

EXHIBIT

Subject to the terms, conditions, and limitations stated in this warranty, the Company warrants to the Owner:

Warranty No.: [Project Number] - [Warranty Number]

Sheet Applied Waterproofing Applications (Common Applications: Under slab, elevator pits, lagging or blindside walls, backfilled walls, pile caps)

That the Product(s) will meet the requirements of the ASTM test methods outlined in the Company’s published technical literature for the period stated in the table below from the Date of Project Substantial Completion.

The Company’s obligations and Owner’s rights shall be void if the system is ruptured, cracked or otherwise damaged by any misuse or abnormal use or conditions, including but not limited to, building alterations or structural defects, surface scaling or spalling of underlying concrete or substrates or any cause other than defects in the system as manufactured and supplied.

Additional Requirements for Warranty Coverage

Tremco’s Dymonic® 100 required as detail sealant. Superstop™ Waterstop required at all cold joints. Additional accessories may include, but are not limited to, TREMproof Amphibia Fleece Tape, TREMproof Amphibia Grip Tape, TREMCO BG Grip Tape, TREMproof Safety Tape, Para JT Tape, Tremco Permanent Seam Tape, Paraseal Paragranular™, Paramastic™, Parastick ‘n’ Dry™ and Paraterm Bar™.

Warranty Issued

Applicator: Installation Completion Date:

Consultant (if applicable): Warranty Term:

Product(s): Linear/Square Footage:

Product(s): Linear/Square Footage: