Limited Warranty
Total Roof Protection (“Company”) uses service companies under their direction, to perform roofing and repairs. The Company, during the term of this Warranty and subject to the conditions hereof, warrants repairing, at Company’s discretion, located at the Premises (covered property) to a normal operational condition. This Warranty covers only the roof or roofs which are located on the premises and in normal operating condition on the first date of the term of this Warranty.
Term The term of this Warranty for roof coverage shall be one year or selected program length, which will commence upon (1) payment being received and accepted by Company and (2) inspection by Company or its assigns issuing this Warranty. Company shall be required to inspect the Premises before issuing this Warranty. Both conditions shall be met prior to coverage commencing. Should the Premise fail the initial inspection performed by Company, the initial payment made shall not be refunded. If payment was provided in full for a term duration of (1) year or longer, the amount equivalent to one (3) month’s payment shall be retained and the remainder returned. Coverage term shall conclude at the end of selected coverage term length, which may be either one, two, or three years in duration after the date of issuance of the Warranty. The Warranty will NOT automatically renew at the end of the selected duration period. Notice will be sent prior to renewal.
Service/ Fees Company guarantees a minimum response time of 48 hours on emergency service and 72 hours on non-emergency service. FAST, PRIORITY service on all routine service requests.(After payment of Warranty is received in full) $60.00 fee per visit for each occurrence. Service fee(s) shall be charged for each occurrence, for items serviced, repaired under the home roof warranty. An additional service fee shall apply if (a) the property is a two-story or more residence or (b) the roof’s pitch grade is greater than 8/12. The trade call fee is due and payable at completion of the trade call. Total Roof Protection will provide no additional service if a prior trade call fee is delinquent and could affect the cancellation of the home roof warranty. Repairs performed under this Warranty will be warranted for the remaining time frame of the warranty. Service fees are in addition to Warranty fees. Total Roof Protection will repair leaks that occur on the roof of the structure covered by the Home Roof Warranty contract provided the leaks are a result of rain, wind, sleet, hail and or normal wear and deterioration. Roof repairs will be limited to $5000.00 per occurrence. Under no circumstances will the dollar limitation be applied toward replacement.
Items Covered: Roof Leaks only – Leaks caused by rain, leaks caused by missing shingles, Leaks caused by high wind, leaks caused by impact damage to the roof by hail, Leaks caused by sleet. All composition roofs must maintain at least a 4/12 pitch for drainage and runoff per manufacturer specifications.
Roofs Not Covered; Installation defects. Flat roofs, built-up roofs, metal roofs, cedar shake roofs, slate roofs, and concrete roofs. Pre-existing roof leaks, leaks from adjoining decks or balconies, skylights, leaks from persons walking or standing on the roof, patio enclosures, sunrooms. Aesthetic issues of any kind. Leaks caused by severe weather events, leaks caused by impact damage to the roof other than hail; leaks caused by abuse, neglect or lack of normal maintenance. Other Items Not Covered; damage resulting from or alterations or additions made to property or grounds and damage to any items as result of fire, flood, smoke, lightning, freeze, earthquake, theft, storms, accidents, war, riots, vandalism, improper installation, acts of God, power failure or surge, pest damage, neglect, misuse, abuse, improper use. Total Roof Protection is not responsible for ANY interior damage from leaking roof (rotting wood, damaged sheetrock, electrical)
Roof Inspections In the event the covered property requires an evaluation or inspection in connection with potential damage that may require repair, the person responsible for the covered property shall be required to inform Company within a reasonable period that the covered property is in need of evaluation of inspection. Further, no third party shall be permitted to evaluate or inspect the covered property. Company and its authorized agents shall be the only party(s) permitted to inspect the covered property for possible damage, which may require repair. The person responsible for the covered property may be but is not limited to the property owner, the temporary property owner such as a tenant, the property lessee or any other person(s) responsible for proper care and maintenance of the covered property. If said person responsible does not properly inform the Company of possible damage or permit a third party to inspect the covered property, Company retains the right whether or not to repair said damage to the covered property or to void obligations to repair damages to covered property under this agreement.
Annual Inspections
Coverage for the covered property under Company’s roof warranty agreement shall require one schedule annual inspection to be performed by Company or its agents.
The Responsible Party shall be required to schedule directly with Company and the roof inspections to be performed solely by Company. The Responsible Party may be but is not limited to the owner of the property, the tenant leasing the property, any management entity responsible for maintenance of the covered property, or any person(s) occupying the covered property. Failure to schedule one inspection per year by Company shall make the coverage under this warranty voidable at the discretion of Company. Failure to have the covered property inspected by Company shall make the coverage under this warranty voidable at the discretion of Company.
Limitations This Warranty applies only to a single-family principal residence. This Warranty covers only matters of which the Company is advised during the term of the applicable Warranty, and does not cover conditions which existed prior to the issuance of this Warranty. Company is not responsible for matching color or brand, but will replace with like color only if currently available and the item is considered beyond repair. Repairs are based on comparable efficiencies and builders standard makes and models. Company will not reimburse other vendors for service performed without prior approval. Company will not be liable for consequential damages to property or personal injury resulting from the failure of any component from Company’s delay or failure to provide service due to conditions beyond Company’s control such as, but not limited to, unavailability of materials or labor difficulties. It is the Covered Person’s responsibility to provide access to Premises for repairs at reasonable times unless an emergency response is necessary. Total Roof Protection shall take all necessary precautions to protect landscaping, fences and exterior structures in the repair process. The expense of repair of damage caused to gain access such as, but not limited to, interior access to attic; landscaping or concrete, fences from any repair made under this Warranty shall be the responsibility of the Covered Person.
Limits Of Liability The express warranties and agreements set forth in this Warranty are the only obligations of the Company to the Covered Persons under this Warranty. All other agreements, undertakings and warranties by the company, including but not limited to warranties of merchantability or fitness for a particular purpose are expressly excluded. This Warranty does not create, establish or confirm any obligations of Company to any person not designated as a Covered Person hereby. The maximum liability of the Company under this Warranty shall be $5,000.00 per occurrence for the homeowner’s contract for the roof. Under no circumstance shall the company be held liable for any damage to the interior of the home; if the homeowner delays on informing the company of such service needed. It is the responsibility of the homeowner to inform Total Roof Protection of a leak to ensure that no damage will occur to the roof structure from deterioration from prolonged water damage.
Homeowners Insurance The Covered Property shall have separate homeowners insurance at the time the Covered Property enters under this warranty and shall maintain coverage under said separate homeowners insurance for the duration that the Covered Property maintains coverage under Company’s roof warranty coverage.
Renewal And Transfer At Company’s sole discretion and option, this Warranty may be renewed for additional warranty periods upon payment to Total Roof Protection, the purchasers then effective renewal charge will apply for the extended warranty coverage. This Warranty may be assigned during its term to a subsequent purchaser of the Premises (a “Transferee Covered Person”), but after such assignment, this Warranty will only cover the roof system which is transferred to the Transferee Covered Person as part of the sale. For an assignment of this Warranty to be effective, the Transferee Covered Person must, within 30 days of the closing of the sale of the Premises, notify the Company in writing of the sale and of the name and address of the Transferee Covered Person. An inspection of Premises is required for Warranty renewal.
Cancellation of Services Cancellation of services shall require 60 day written notice to Company requesting cancellation of services. If the Premise receives services for repair, the party responsible for the Premise shall pay for the term in full that was initially selected, which may be one, two or three years in duration.
Dispute Resolution This is not a contract of insurance. Disputes relating to this warranty may be handled through arbitration. Should the Company fail to pay a valid claim or fail to return unearned consideration in the event of cancellation within sixty (60) days after the proof of loss has been filed; the claiming party may make such claim through an arbitration claim. Forms for such claim will be provided on request.