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HomeMy WebLinkAbout071000-001 - Waterproof & Caulking - Closeout.pdf Rev 12/19 of 1 2 . WARRANTY #:795244 3/29/2022EFFECTIVE DATE: NAME OF BUILDING:UNC CURTIS MEDIA CENTER ADDRESS, CITY, STATE:130 E CAMERON AVE, CARRBORO, NC BUILDING OWNER: STATE OF NORTH CAROLINA THROUGH UNC AT CHAPEL HILL ADDRESS, CITY, STATE:103 AIRPORT DRIVE, CHAPEL HILL, NC WATERPROOFING APPLICATOR:ABG CAULKING & WATERPROOFING OF MORRISTOWN INC. ADDRESS, CITY, STATE:3407 WEST ANDREW JOHNSON HWY, MORRISTOWN, TN INSTALLATION COMPLETION DATE:3/29/2022 3/28/2027WARRANTY EXPIRATION DATE: CCW SYSTEM:CCW MiraDRI 4,000SQUARE FEET: Carlisle Coatings & Waterproofing Incorporated ("Carlisle") warrants the CCW waterproofing membrane material ("Material") installed at the above project for a period and in accordance with the following terms and conditions: 5 years Carlisle warrants to the Buyer that the Material will be free from manufacturing defects at the time of its delivery to the job site. Any claim by Buyer of a manufacturing defect in the Material must be given to Carlisle, in writing, within thirty (30) days of delivery of the Material to the job site. If, upon inspection by Carlisle, the Material evidences manufacturing defects, Carlisle's liability and Buyer's exclusive remedy shall be limited to the replacement of the defective Material at the F.O.B. point in the original contract of sale. Carlisle further warrants that subject to the terms and conditions of this warranty, water will not leak directly through the Material within the warranty period stated herein, if properly installed, maintained and used for the purpose intended by Carlisle. This warranty does not apply to any part of the Material unless installed by an approved applicator by Carlisle. Further, this warranty does not cover any cost or expenses associated with the removal, excavation or replacement of concrete or other materials covering the Material incurred to test, repair, inspect, remove or replace the Material. If upon inspection by Carlisle, the Material has failed within the warranty period stated herein, Carlisle's sole liability and the Owner's exclusive remedy are limited, at Carlisle's option, to the providing of repair material for the original Material or the granting of credit to be applied towards the purchase of new Material, the value of these remedies being determined by Carlisle based upon the number of remaining months of the warranty period used to pro-rate the value allowed by Carlisle for the repair or credit. In no event shall the cost of the repair materials or the credit exceed the original purchase price for the Material. Any claim of Material failure must be made, in writing, to Carlisle within thirty (30) days of the date of discovery or by the expiration date of this warranty, whichever shall first occur. This warranty shall not be applicable if, upon Carlisle's inspection, Carlisle determines that any of the following has occurred: - the Material is damaged by natural disasters, including, but not limited to, lightning, fire, insect infestations, earthquake, tornado, hail or hurricanes; - the is damaged by any intentional or negligent acts, accidents, misuse, abuse, vandalism, civil disobedience or the like;Material - deterioration or failure of building components, inadequate or faulty structural design; - repairs or alterations are made to the Material after installation by anyone not expressly authorized by Carlisle; - a change has occurred in the principle use of the building; - movement or cracks in the structural base exceed 1/16 inch; - or acids, oils or harmful chemicals and the like come in contact with the System and cause a leak or otherwise damages the System. Rev 12/19 of 2 2 Carlisle shall have no obligation under this warranty while any bills for installation, supplies, services and warranty charges have not been paid in full to the Installer, Carlisle, or material suppliers. This warranty is not assignable by operation of law or otherwise. Carlisle shall have no liability under any theory of law for any claims, repairs, restoration, or other damages including, but not limited to, consequential or incidental damages relating, directly or indirectly, to the presence of any irritants, contaminants, vapors, fumes, molds, fungi, bacteria, spores, mycotoxins, or the like in the building or in the air, land or water serving the building. CARLISLE DOES NOT WARRANT PRODUCTS UTILIZED IN THIS INSTALLATION WHICH IT HAS NOT FURNISHED; AND SPECIFICALLY DISCLAIMS LIABILITY, UNDER ANY THEORY OF LAW, ARISING OUT OF THE INSTALLATION AND PERFORMANCE OF, OR DAMAGES SUSTAINED BY OR CAUSED BY PRODUCTS NOT FURNISHED BY CARLISLE. CARLISLE DOES NOT EMPOWER, ENTITLE OR AUTHORIZE THE APPLICATOR OF THE CCW MATERIAL TO REPRESENT, SERVE AS AN AGENT OR ACT AS A DELEGATE OF CARLISLE WITHOUT CARLISLE'S PRIOR WRITTEN APPROVAL. CARLISLE SHALL HAVE NO OBLIGATION OR LIABILITY ON BEHALF OF THE APPLICATOR BEYOND THE AFOREMENTIONED AND THE EXPLICITLY EXPRESSED WARRANTY OBLIGATIONS AND LIABILITY HEREIN. THE REMEDIES STATED HEREIN ARE THE SOLE AND EXCLUSIVE REMEDIES FOR FAILURE OF THE CARLISLE MATERIAL OR ITS COMPONENTS. THERE ARE NO WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND MERCHANTABILITY, WHICH EXTEND BEYOND THE FACE HEREOF. CARLISLE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR DAMAGE TO THE BUILDING OR ITS CONTENTS UNDER ANY THEORY OF LAW. CARLISLE COATINGS & WATERPROOFING INCORPORATED Authorized Signature Date: May 06, 2022 WARRANTY NUMBER: CPG649104-650991 PROJECT NAME & ADDRESS: UNC Curtis Media Center 130 E Cameron Ave Carrboro NC 27510 CONSTRUCTION MANAGER: OWNER: State of North Carolina Through UNC at Chapel Hill GENERAL CONTRACTOR: Frank L Blum ARCHITECT/ ENGINEER: Szostack & Design DATE OF PROJECT SUBSTANTIAL COMPLETION: 3/29/2022 ISSUER (THE “COMPANY”): Tremco CPG Inc. 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 specific ations, 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. HOW DO I GET SERVICE? The Owner must notify the Company within 30 calendar days from the date that the Owner disc overed, 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 video of the damaged area are often useful and should also be subm itted 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 i nvestigation 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 Compan y as suitable. • The Products are applied to a sound, properly prepared substrate in accordance with published application instructions. LIMITATIONS AND EXCLUSIONS: The Company shall not be responsible for, and this limited warranty does not cover, any los s 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 componen t 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, app lication 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, mo vement, 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, terro rism, 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 Comp any’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 en force 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 condi tioned 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 FITNE SS 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 deliv ered 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 yo ur 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/l egal-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. REQUEST FOR WARRANTY ISSUANCE MUST BE MADE PROMPTLY FOLLOWING THE DATE OF PROJECT SUBSTANTIAL COMPLETION. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO REFU SE A REQUEST FOR ISSUANCE IF SUCH REQUEST IS NOT MADE WITHIN A REASONABLE TIME FOLLOWING THE DATE OF PROJECT SUBSTANTIAL COMPLETION. EXHIBIT Subject to the terms, conditions, and limitations stated in this warranty, the Company warrants to the Owner: Warranty No.: CPG649104-650991 Joinery and Sealants That the Product(s) will have a useful life under normal service conditions for the period stated in the table below from the Date of Project Substantial Completion. When the Product(s) are used as a component of a Tremco CPG building envelope system: Adhesion to and compatibility with Products in other sections in this Exhibit are warranted for the period stated in the table below from the Date of Project Substantial Completion when using Company joint seal Product(s), transition Product(s) and/or detailing sealant Product(s) (all of the foregoing collectively referred to as, “Joinery”) as prescribed by the Company to connect Tremco CPG building envelope systems. The Company also warrants that the Joinery will make watertight all transitions, terminations, and penetrations connecting Tremco CPG building envelope systems for the period stated in the table below from the Date of Project Substantial Completion. Silicone Watertight Coverage Requirements: For Spectrem 1, Spectrem 2, Spectrem 3, Spectrem 4-TS, Proglaze II and Proglaze SSG: The Company warrants that these specific Product(s) will perform as a watertight weatherseal for the period stated in the table below from the Date of Project Substantial Completion if the following conditions have been met: 1. The sealant is used with materials approved by Tremco for compatibility and adhesion; and 2. Field adhesion tests are made, documented, and retained as outlined in Tremco’s Field Adhesion Test Procedure in order to confirm adhesion under site conditions. Any warranty of structural adhesion requires prior print review and testing. Please consult your Tremco Sales Representative for more information. Non-Staining Silicone Coverage Requirements: For Spectrem 3 and Spectrem 4-TS Silicone Sealants: The Company warrants that these specific Product(s) will not cause the porous substrates to discolor or change their appearance due to fluid migration for the period stated in the table below from the Date of Project Substantial Completion if the following conditions have been met: 1. The sealant is used with materials approved by Tremco for compatibility and adhesion; 2. Representative substrate samples were submitted to Tremco for compatibility and adhesion testing; 3. The application of the sealant and the joint configurations are completed in accordance with the project prints/specification submitted to Tremco; and 4. Field adhesion tests were made, documented, and retained as outlined in Tremco’s Field Adhesion Test Procedure in order to confirm adhesion under site conditions. Exclusions: The Silicone Watertight and Non-Staining Silicone warranties do not cover damage to, or failure of, the sealant due to disintegration or contamination of the underlying substrates, mechanical damage (caused by individuals, tools, or other outside agents), or changes in the appearance of the sealant from the accumulation of dirt or other contaminants deposited on the sealant from the atmosphere. Warranty Issued Applicator: ABG Caulking & Waterproofing Installation Completion Date: 3/29/2022 Consultant (if applicable): Warranty Term: 5 years Product: THC 901 Linear/Square Footage: 500 ft Applicator: ABG Caulking & Waterproofing Installation Completion Date: 3/29/2022 Consultant (if applicable): Warranty Term: 5 years Product: Dymeric 240 FC Linear/Square Footage: 1200 ft WARRANTY DISCLAIMER Please review this warranty document for any inaccuracies. Change requests must be submitted in writing in the warranty messaging system, within three business days of the date of this warranty issuance. Thank you! Tremco CPG Warranty Group