Who is Covered
To be entitled to the benefits of this warranty:you must be either the original consumer purchaser (the property owner) listed at the end of this warranty or the first person to whom the original purchaser transfers this warranty along with ownership of the structure on which the roof was installed.
What is Covered
Paragon Roofing warrants to the homeowner that the roof installation will be free of defects in workmanship. Should a failure occur due to defects in workmanship that may cause leakage or loss of shingles, Paragon Roofing will repair such problems by supplying labor for Lifetime (50 years).
How Long Are You CoveredALL IMPLIED WARRANTIES APPLICABLE TO YOUR ROOFING SYSTEM ARE LIMITED IN DURATION TO THE COVERAGE PERIOD APPLICABLE TO SUCH PRODUCTS, AS PROVIDED BY THIS WARRANTY, UNLESS A SHORTER PERIOD IS PERMITTED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
1. Coverage Period—From the installation of the shingles through the coverage period, Paragon Roofing will repair, replace or recover the defective product. Paragon Roofing reserves the right to arrange directly for the repair or replacement of your Products instead of compensating you directly. Prorated Period—Once the manufacturers coverage period for the products purchased has expired, the prorated period will begin. During this prorated period, we will provide prorated coverage of the defective products but no other costs (for example, the cost of labor) will be covered. We will prorate the amount of coverage to you to adjust for the number of years of use you have enjoyed from the original installation date through the date of your claim. For example: If you have a 50-year warranty, and you make your claim anytime in the 20th year of the warranty, our compensation to you will be reduced by 20/50ths of the cost at the time of purchase. For lifetime shingle coverage . Paragon Roofing reserves the right to arrange directly for the repair or replacement of your Products instead of compensating you directly. 3. Other Types of Structures—The coverage for all products offered by this warranty depends on the structure on which the shingles are installed and the owner of the structure. Lifetime coverage for all products applies only to single-family detached homes where the owner of the roof is the resident occupying the home. In the instance of shingles purchased or installed on property owned by others (for example, corporations, governmental agencies, partnerships, trusts, religious organizations, schools, condominiums, homeowners’ association, or cooperative housing arrangements) or installed on any other structures (for example, apartment buildings or any other type of building or premises not used by individual homeowners as their residence), the warranty period for lifetime will be 40 years from the original installation date of the shingles.
There are no partial year prorations. 4. Exceptions—All of Paragon Roofings obligations of compensation under this warranty (whether for repair, replacement, recovery or refunding a prorated portion of the cost of the defective shingles) are subject to the limitations provided by this warranty. Any replacement products will be warranted only for the remainder of the original warranty period. In addition, any fungus, bacteria, infestation, UV degradation, rust or corrosion resulting in metal or wood decay will not be covered. What About Algae Resistance—If the shingles that you purchased were not specifically labeled as “Algae Resistant” (“AR”), then any discoloration caused due to algae is not covered by this warranty as explained in “What Is Not Covered” below. However, if you did purchase AR shingles, they are covered for the period described in the “Limited Warranty Information Table” at the end of this warranty following the date of installation (“AR Warranty Period”) against brown-black staining caused due to growth of cyanobacteria Gloeocapsa magma algae. We do not cover the effects of other growth, such as mold, lichen and green algae. Years 1-10 Coverage is 100% Years 11+ 80%, Deducting 2% per year (years 11-50)
Transferability of This Warranty (Note: Based on Original Installation Date) This warranty is not transferable except as follows: You may only transfer this warranty 1 time, anytime during the life of the warranty, to the purchaser of the structure on which the shingles are installed. For this warranty to transfer and the second Owner to obtain the benefits of this warranty, the second Owner must, within 60 days after the date of the real estate transfer, contact Paragon Roofing and submit proof of purchase of structure.
What Is Not Covered Our warranty does not cover damage to the shingles due to any cause not expressly covered in this warranty.This warranty does not cover any problems with non-defective shingles caused by conditions or handling beyond our control. Some examples of conditions not covered by this warranty include: 1. Acts of God, such as hail, strong storms or winds (including gusts) over the maximum wind speed listed in the “Limited Warranty Information Table” at the end of this warranty, ice damming above the area covered by leak barriers or flashings or snow or water infiltration through exhaust vents. 2. Damage to or failure of the shingles as a result of damage to or the failure of the underlying roofing structure, or failure and/or rusting of roof nails. 3. Foot traffic on your roof or damage caused by objects (e.g., tree branches) falling on your roof. 4. Shading, variations in the color of your shingles or discoloration caused by algae, fungi, lichen or cyanobacteria (unless covered under the section “What About Algae Resistance” above). 5. Damage caused by improper or inadequate roof ventilation or roof drainage, unvented attics or enclosed roof rafter assemblies. 6. Settlement of the structure of your property or buckling or cracking of the deck over which your shingles are installed. 7. Leaks caused by pre-existing conditions, structural failures or damaged areas on or near the roof that are not part of the roofing system, such as chimneys that have loose or cracked mortar, skylight seams or soil pipe boots that allow water to enter the structure or roofing system. 8. Damage to the shingles caused by alterations made after completion of application, including structural changes, equipment installation, power washing, painting or the application of cleaning solutions, coatings, or other modifications. 9. Any damage due to debris, resins or drippings from foliage.10. Improperly designed or installed gutter or downspout systems. 11. Any costs that you incur that are not authorized in advance by Paragon Roofing.
Replacement Shingle Variations As a result of manufacturers constant change, we must reserve the right to discontinue or modify our shingles, including their colors. We are not liable to you if you make a warranty claim in the future and any replacement shingles you receive vary in color either because of normal weathering or changes in our product line. You should understand that if we replace any of your shingles under this warranty, we reserve the right to provide you with substitute shingles that are comparable only in quality and price to your original shingles.Claims Process & Right of Inspection To make a claim under this warranty, you must do so within 30 days after you discover the problem. To fully evaluate your claim, we may ask you to provide, at your expense, pictures of your products. You must do so in order to be eligible to make a claim under this warranty. To make a claim or if you have any questions, contact Paragon Roofing. If you repair or replace your products before Paragon Roofing has made a determination on your claim, your claim may be denied. Paragon Roofing shall have a reasonable time after notification of a claim to inspect the roof. If requested by Paragon Roofing, the owner shall provide Paragon Roofing with reasonable access to the roof, during normal business hours, for the purpose of conducting an inspection of the roofing products. No Modifications to This Warranty The terms of this warranty may not be waived or modified (whether by a statement, omission, course of dealing or any act), except by a writing signed by an officer of Paragon Roofing or a licensed attorney in Paragon Roofings legal department or by the Paragon Roofing Inspection Leader. Other than such an officer, attorney or technical inspection leader, nobody (regardless of whether an Paragon Roofing employee, a contractor, an installer or otherwise) has authority to act on behalf of Paragon Roofing (for example to waive or modify this warranty, to make representations or warranties or to undertake any liability). This warranty represents the entire agreement between the parties and replaces all other communications, warranties, representations and guarantees. Mandatory Arbitration To the extent permitted by applicable law, Paragon Roofing and you agree to arbitrate all disputes and claims arising out of or relating to this warranty. (“Dispute”). This warranty evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this provision. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (“Notice”). The Notice to Paragon Roofing should be addressed to: 812 N. Shawnee Ave., Sioux Falls, SD 57103(“Arbitration Notice Address”). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If the parties do not reach an agreement to resolve the claim within 30 days after Notice is received, you or Paragon Roofing may commence an arbitration proceeding. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this warranty. The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this warranty, and shall be administered by the AAA. YOU AND PARAGON ROOFING HEREBY WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND PARAGON ROOFING MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. Governing Law and Forum This warranty and all Disputes are governed by United States Federal laws and laws of South Dakota. Subject to the “Arbitration” provision in this warranty, if there are any Disputes that cannot be arbitrated, then the parties consent to the exclusive jurisdiction and venue of the state and federal courts in South Dakota with respect to such Disputes.Savings and Severability To the extent that this warranty is inconsistent with applicable law, this warranty is hereby modified to be consistent with such applicable law. If an arbitrator or court determines that any term in this warranty is illegal or unenforceable, the parties intend for the arbitrator or court to interpret or modify this warranty to effect the original intent of the parties as closely as possible while rendering the term and this warranty fully legal and enforceable. If a term in this warranty cannot be rendered legal and enforceable accordingly, the parties intend for the arbitrator or court to sever the illegal or unenforceable term from this warranty, leaving the remainder of this warranty enforceable. Limitations THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM PARAGON ROOFING AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF PARAGON ROOFING INSTALLATION PRODUCTS. PARAGON ROOFING MAKES NO OTHER REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND OTHER THAN THOSE STATED EXPLICITLY IN THIS WARRANTY. YOUR REMEDY FOR DEFECTIVE SHINGLES IS FULLY DESCRIBED IN THE ABOVE SECTION, “HOW LONG ARE YOU COVERED”. YOU ARE NOT ENTITLED TO ANYTHING MORE THAN WHAT IS DESCRIBED IN THAT SECTION.PARAGON ROOFING IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING DAMAGE TO YOUR STRUCTURE OR TO YOUR STRUCTURE’S CONTENTS, WHETHER FOR BREACH OF THIS WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER CLAIMS DERIVED IN TORT OR FOR ANY OTHER CAUSE. SOME STATES OR PROVINCES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.