Rutherford Construction Corp.

GALVALUME® Sheet for Prepainted Limited Warranty

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EXCLUSIVE WARRANTY
Wheeling-Nisshin, Inc., Penn and Main Streets. Follansbee, w.v. 26037 ("Seller") hereby provides this LIMITED WARRANTY to:

                                 ("Buyer"). Wheeling-Nisshin. Inc. exclusively warrants that, subject to the following provisions. Seller's hot-dipped aluminum-zinc alloy-coated and prepainted GALVALUMP sheet steel sold for use as prepainted steel building, roofing and siding panels. if erected within the Continental United States, WilL NOT rupture, fail structurally, or perforate within a period of twenty (20) years and 6 months aUer shipment from our mill due to exposure to normal atmospheric conditions.

EXCLUDED ATMOSPHERIC CONDITIONS
This limited warranty DOES NOT APPLY to sheet exposed at any time to corrosive or aggressive atmospheric conditions. including but not limited to:

  1. Areas subjecI to saltwater marine atmospheres or 10 constant spraying of either sail or fresh water.
  2. Areas subject to fallout or exposure to corrosive chemicals, fumes, ash, cement dust, or animal waste.
  3. Areas subject to water runoff from lead or copper flashings or areas in metallic contact with lead or copper.
  4. Conditions/circumstances where corrosive fumes or condensates are generated or released inside or adjacent to the building.

OTHER EXCLUDED SITUATIONS
This limited warranty DOES NOT APPLY to embossed steel or in the event of:

  1. Bends less than 4T for all sheet thicknesses.
  2. Slopes of the roof or sections of the roof fl atter than one in fifteen (1: 15).
    NOTE: This slope is greater than the slope for unpainred coated steel sheet based on the anticipated greater hazard associated with the performance of painted surfaces under conditions of poor drainage.
  3. Mechanical, chemical, or other damage sustained dunng shipment, storage, forming fabrication, or during or aiter erection.
  4. Forming which incorporates severe reverse bending or which subjects coating to alternate compression and tension.
  5. Failure to provide free drainage of water, Including internal condensation, from overlaps and all other surfaces of the sheets or panels.
  6. Failure to remove debriS from overlaps and all other surfaces of the sheets or panels.
  7. Damage caused to the metallic coating by Improper roll forming, scouring or cleaning procedures.
  8. Deterioration of the panels caused by contact with green or wet lumber or wet storage stain caused by water damage or condensation
  9. Presence of damp Insulation or other corrosive materials in contact with or close proximity to the panel.
  10. This warranty does not apply in the event of deterioration to the panels caused directly or indirectly by panel contact with fasteners. Selection of suitable long-lasting lasteners to be used with GALVALUME® sheet roofing and siding panels rests solely with the Buyer.
  11. This warranty does not apply in the event that Buyer performs or causes to be performed any pre-painting upon the sheets (panels) sold hereunder which is not performed by a Wheeling Nisshin qualified coil coater using approved paint systems in accordance With Wheeling-Nisshin's Process Specification.

EXCLUSIVE REMEDIES
Buyer's exclusive remedy and Seller's sale liability for breach of this limited warranty shall be limited exclusively to the cost of either repainting or repairing nonconforming panels, or at Seller's sole option, of furnishing FOB Buyer's plant sufficient sheet product to enable Buyer to fabricate replacement panels for the nonconforming panels

LIMITATION OF DAMAGES
THE LIABILITY OF SELLER SHALL NOT EXTEND TO PERSONAL INJURY, PROPERTY DAMAGE, LOSS OF PROFIT, DELAY OR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE FAILURE OF ANY SHEET TO CONFORM WITH THE PROVISIONS OF THIS LIMITED WARRANTY.

OTHER WARRANTIES, INCLUDING MERCHANTABILITY
THERE ARE NO WARRANTIES, PROMISES OR AFFIRMATIONS OF FACT, INCLUDING WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE OTHER THAN THOSE EXPRESSLY SET FORTH HEREIN. THE CONDITIONS OF LIABILITY, RIGHTS, OBLIGATIONS AND REMEDIES OF THE PARTIES RELATING TO CLAIMS ARISING FROM ANY NONCONFORMING SHEET SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS SET FORTH HEREIN.

INSPECTIONS AND NOTICE OF CLAIM
Buyer shall exercise diligence in inspection of material as received from Seller prior to utilization so as to mitigate expense involved in repairing, repainting, or replacing nonconforming sheets.

Claims for any breach of warranty must be made within the period of this limited warranty and within 30 days after Buyer discovered the nonconforming sheet, and Buyer must give Seller a reasonable opportunity to inspect the material.

DUTIES OF BUYER IN PRESENTING CLAIMS
As a condition precedent to Seller's liability hereunder, Buyer must present with his claim such records so to enable Sel ler to establish Seller's order number. Seller's coil number. date of shipment by Seller and the date of installation in the form of building panels for the claimed nonconforming sheet. Buyer Shall also present such evidence that establishes any claimed non-conformance was due to a breach of the limited warranty stated herein.

TRANSFERS REPRESENTATIONS AND ASSIGNMENTS
UNLESS EXPRESSLY AGREED IN WRITING BY AND BETWEEN BUYER AND SELLER, THIS LIMITED WARRANTY IS EXTENDED TO BUYER AS THE ORIGINAL PURCHASER FROM SELLER AND IS NON-TRANSFERABLE AND NONASSIGNABLE. NO RIGHTS AGAINST SELLER SHALL BE CREATED BY ANY PURPORTED TRANSFER OR ASSIGNMENT, NOR SHALL ANY RIGHT AGAINST SELLER SURVIVE ANY TRANSFER OR ASSIGNMENT. BUYER OR ITS AGENTS OR REPRESENTATIVES SHALL NOT CLAIM, REPRESENT OR IMPLY NOR PERMIT ITS CUSTOMERS, DISTRIBUTORS, APPLICATORS OR CONTRACTORS TO CLAIM, REPRESENT OR IMPLY THAT THIS LIMITED WARRANTY EXTENDS OR IS AVAILABLE TO PARTIES OTHER THAN BUYER, AND TO THE LIMIT OF ITS LEGAL RIGHT TO DO SO BUYER SHALL CAUSE ANY PARTY TO CEASE AND DESIST IN ANY SUCH MISREPRESENTATIONS. THIS CONDITION SHALL CONSTITUTE A MATERIAL TERM OFTHIS LIMITED WARRANTY AND ITS VIOLATION BY BUYER SHALL EXCUSE SElLER FROM ITS OBLIGATIONS HEREUNDER.

WAIVER OR MODIFICATIONS OF SELLER'S RIGHTS
No terms or conditions, other than those stated herein, and no agreement or understanding, oral or written, and no course of conduct or performance, in any way purporting to modify this limited warranty or to waive Seller's rights hereunder, shall be binding on Seller unless the same be clearly set forth in a writing that expressly refers to this limited warranty and expressly refers to having such effect upon this limited warranty and is signed by the authorized representative of Seller.

TERMINATION
Seller reserves the right to terminate this limited warranty, except with respect to orders which it has already accepted, upon the giving of written notice thereof.

GOVERNING LAW
The interpretation of this Agreement shall be in accordance with the laws of the State of West Virgin1a, and the construction and enforcement of any of the provisions shall be filed in the Circuit Court of Brooke County, West Virginia.

ENTIRE AGREEMENT
The provisions set forth herein are in lieu of and expressly supersede any other provisions irrespective of where contained. All proposals, negotiations and representations, if any, made prior to or with reference hereto are merged herein.

Brian Petrella. General Manager-Commerical Wheeling-Nisshin, Inc.