**NOT AN ACTIVE WARRANTY**
EAGLE Roofing Products (“Manufacturer”), subject to the terms of this entire instrument, warrants to the original owner of the structure for which EAGLE Roofing tiles were purchased and installed, and the subsequent owners of the structure (provided that the initial installation of roof tiles on the original structure was properly completed within the perimeters of the prevailing building code, and the warranty was properly registered within 18 months of the inceptive delivery of roof tiles to the original structure) for the duration of their ownership (the "Warranty Holder"), that the EAGLE Roofing Tiles installed on the structure listed above shall not allow the passage of water through the body of the tile due to:
Manufacturer's tiles shall be assessed in reference to ASTM C1492 -03 (standard Specification for Concrete Roof Tile), specifically, 7.4 (Transverse Strength), and/or 7.5 (Permeability). Manufacturer will furnish remedies specified below, for the applicable time periods, for defective tiles that do not pass either of these tests when conducted according to the specification and methods listed in ASTM C1492 -03, in effect on date of original installation. This test shall be conducted and evaluated by an EAGLE Roofing Products at the Manufacturer's expense, or by an IAPMO ES recognized, certified testing agency at the structure owner's expense.
Manufacturer has the right to inspect the premises and/or receive tiles from the structure to evaluate the applicability of this warranty, and provided a verifiable manufacturing defect for which warranty protection is provided hereunder is established, then within 90 days from the date of inspection and/or testing of the tiles, EAGLE Roofing Products will coordinate with a local roofing material supplier and/or roofing contractor to provide to the Warranty Holder (at Manufacturer's sole election) either (i) replacement tile, matching color, shape, and texture as close to original as is currently available, or (ii) the refund at the current Manufacturer's distributor cost for replacement tile, matching color, shape and texture as close to the original as is currently available, with respect to the tile that exhibits a verifiable manufacturing defect for which warranty protection is provided here under.
Manufacturer further agrees that, during the first ten (10) years following original installation (but only for that period), this limited product warranty will also include all reasonable costs associated with the labor to remove any defective tiles, loading, and installation and installation of replacement tiles, and freight, underlayment, nails and other components materials required by local building codes in connection with the replacement, but only when and to the extent verified manufacturing defects cause intrusion of water into the structure and the defective condition of the tile was not obvious prior to installation. (This additional warranty does not obligate Manufacturer to provide replacement tiles; per the preceding paragraph, it may still provide a refund for tile at the current Manufacturer's distributor cost.)
Manufacturer's warranty, as provided herein, only applies to the specific tiles for which a verifiable manufacturing defect covered hereby is established; this warranty does not provide for the replacement or the cost to replace adjacent tiles.
This warranty is automatically transferred to the subsequent owners through the sale or transfer of the individual structure provided that the original warranty was properly registered within 18 months of the inceptive delivery of the roof tiles to the structure.
NO IMPLIED WARRANTIES
EXCEPT FOR THE LIMITED WARRANTY EXPRESSED ABOVE, MANUFACTURER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, WHATSOEVER, EXPRESS, OR IMPLIED, AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND OTHER EXPRESS OR IMPLIED WARRANTIES OF WHATEVER KIND, ARE HEREBY EXPRESSLY DISCLAIMED BY MANUFACTURER AND EXCLUDED TO THE MAXIMUM EXTENT PERMITTED BY LAW. Specific exclusions include any representation or warranty relating to color, surface cracking, chipping, topical slurry coating delamination, efflorescence, carbonation, oxidation or failure of other materials used as components of the roof or structure, installation not in accordance with TRIA (Tile Roofing Institute Alliance) Installation Manuals or local building codes at the time of installation, damage to the tile caused by roof traffic or other trades, failure to comply with the recommendations set forth under “Owner Information”, or foreign objects falling on the roof, ice build-up and damage to the tile or structure caused by corrosives, fire, hurricanes, hail, tornadoes, earthquakes or other acts of nature or God.
MANUFACTURER SHALL NOT BE LIABLE FOR ANY INJURY OR DAMAGE TO THE STRUCTURE UPON WHICH THE EAGLE ROOFING PRODUCTS HAVE BEEN APPLIED (INCLUDING ANY PROPERTY LOCATED THEREIN), OR TO PERSONS ARISING OUT OF THE USE, INTENDED USE, INSTALLATION OR APPLICATION OF SAID PRODUCTS. THIS WARRANTY SPECIFICALLY EXCLUDES ANY AND ALL DAMAGES TO PERSONS OR PROPERTY WHICH RESULTS FROM THE PASSAGE OF WATER THROUGH THE BODY OF THE TILE.
MANUFACTURER SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FROM LOSS OF PROFITS OR REVENUES, LOSS OF DATA, LOSS OF TIME, OR OTHER PECUNIARY LOSS) ARISING OUT OF ANY DEFECT IN THE TILES COVERED BY THIS WARRANTY. ALL SUCH DAMAGES AND EXPENSES ARE HEREBY EXCLUDED.
If the law of your state prohibits the exclusion of such damages and expenses, then such damages and expenses are hereby limited and in no event shall liability of Manufacturer exceed the original price paid to Manufacturer for the tiles installed on the structure. Some states do not allow the exclusions or limitations of incidental or consequential damage; thus, the above limitation or exclusion may not apply to you.
This Limited Warranty gives you specific legal rights, and you may have other rights which vary from state to state.
Television antennas, cable dishes, satellite dishes, air conditioners, evaporative coolers and decorations should be positioned so that installation and repairs can be made without walking on the roof tile. Secure a walkway of plywood, planks, walk-pads, etc. where foot traffic is necessary.
If it should become necessary to remove from your roof such objects as tree limbs, leaves, or children’s toys, try using a rake, long stick, or other tool.
If you must walk on the roof tile, wear soft-soled, non-slip shoes. Be careful, tiles can be slippery. Step only on the lower center area of the tiles. Roof tile must not be used as a staging area or work platform.
If inspection is desired or repair work is required, we recommend you contact the original roofing contractor. If unavailable, select another qualified licensed roofing contractor.
Send a notice of the claim in writing to EAGLE’S Warranty Department as noted below
Include proof of original WARRANTY and/or Transfer of WARRANTY
Include a copy of the original roofing contract (if available)