CONTRACTOR'S FIVE (5) YEAR NO PENAL SUM WARRANTY
FOR
METAL BUILDING SYSTEM
(continued)
THE CONTRACTOR SHALL SUPPLEMENT THIS WARRANTY WITH WRITTEN WARRANTIES FROM
THE MANUFACTURER AND/OR INSTALLER OF THE METAL BUILDING SYSTEM, WHICH SHALL
BE SUBMITTED ALONG WITH THE CONTRACTOR'S WARRANTY. HOWEVER, THE CONTRACTOR
WILL BE ULTIMATELY RESPONSIBLE FOR THIS WARRANTY AS OUTLINED IN THE
SPECIFICATIONS AND AS INDICATED IN THIS WARRANTY.
EXCLUSIONS FROM COVERAGE
1. NATURAL DISASTERS, ACTS OF GOD (LIGHTNING, FIRE, EXPLOSIONS, SUSTAINED
WIND FORCES IN EXCESS OF THE DESIGN CRITERIA, EARTHQUAKES, AND HAIL).
2. ACTS OF NEGLIGENCE OR ABUSE OR MISUSE BY GOVERNMENT OR OTHER
PERSONNEL,INCLUDING ACCIDENTS, VANDALISM, CIVIL DISOBEDIENCE, WAR, OR DAMAGE
CAUSED BY FALLING OBJECTS.
3. DAMAGE BY STRUCTURAL FAILURE, SETTLEMENT, MOVEMENT, DISTORTION, WARPAGE,
OR DISPLACEMENT OF THE BUILDING STRUCTURE OR ALTERATIONS MADE TO THE BUILDING.
4. CORROSION CAUSED BY EXPOSURE TO CORROSIVE CHEMICALS, ASH OR FUMES
GENERATED OR RELEASED INSIDE OR OUTSIDE THE BUILDING FROM CHEMICAL PLANTS,
FOUNDRIES, PLATING WORKS, KILNS, FERTILIZER FACTORIES, PAPER PLANTS, AND THE
LIKE.
5. FAILURE OF ANY PART OF THE BUILDING SYSTEM DUE TO ACTIONS BY THE OWNER
WHICH INHIBIT FREE DRAINAGE FROM THE ROOF, GUTTERS AND DOWNSPOUTS; OR
CONDITIONS WHICH CREATE PONDING WATER ON THE ROOF OR AGAINST THE BUILDING
SIDING.
6. THIS WARRANTY APPLIES TO THE METAL BUILDING SYSTEM. IT DOES NOT INCLUDE
ANY CONSEQUENTIAL DAMAGE TO THE BUILDING INTERIOR OR CONTENTS WHICH IS
COVERED BY THE WARRANTY OF CONSTRUCTION CLAUSE INCLUDED IN THIS CONTRACT.
7. THIS WARRANTY CANNOT BE TRANSFERRED TO ANOTHER OWNER WITHOUT WRITTEN
CONSENT OF THE CONTRACTOR AND THIS WARRANTY AND THE CONTRACT PROVISIONS WILL
TAKE PRECEDENCE OVER ANY CONFLICTS WITH STATE STATUTES. REPORTS OF LEAKS AND
BUILDING SYSTEM DEFICIENCIES SHALL BE RESPONDED TO WITHIN 48 HOURS OF RECEIPT
OF NOTICE BY TELEPHONE OR IN WRITING FROM EITHER THE OWNER, OR CONTRACTING
OFFICER. EMERGENCY REPAIRS, TO PREVENT FURTHER ROOF LEAKS, SHALL BE
INITIATED IMMEDIATELY; A WRITTEN PLAN SHALL BE SUBMITTED FOR APPROVAL TO
REPAIR OR REPLACE THIS SSSMR SYSTEM WITHIN SEVEN CALENDAR DAYS. ACTUAL WORK
FOR PERMANENT REPAIRS OR REPLACEMENT SHALL BE STARTED WITHIN 30 DAYS AFTER
RECEIPT OF NOTICE, AND COMPLETED WITHIN A REASONABLE TIME FRAME. IF THE
CONTRACTOR FAILS TO ADEQUATELY RESPOND TO THE WARRANTY PROVISIONS, AS STATED
SECTION 13121
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