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Limited Material Warranty

The terms and requirements of this Limited Material Warranty (“Warranty”) apply to Delaware Asphalt Products Inc., and the original purchaser of the products who owns the property on which the products were installed (the “Owner”), which terms contain mandatory binding arbitration provisions. This Warranty covers accessory roofing products manufactured or sold by Delaware Asphalt Products Inc.

WARRANTY

DELAWARE ASPHALT PRODUCTS INC. hereby warrants to the Owner of the property on which DELAWARE ASPHALT PRODUCTS INC. accessory residential and/or commercial roofing products have been installed as part of a roof (such DELAWARE ASPHALT PRODUCTS INC. products hereinafter referred to as the “Products”) that the Products will remain free of any manufacturing defect resulting in water leakage for a period of twelve (12) months following the date of installation (the “Warranty Period”), subject to the conditions and limitations listed below. This Warranty is applicable only to Products installed in the United States or Products purchased from an approved DELAWARE ASPHALT PRODUCTS INC. exporter.

REMEDY

During the Warranty Period, DELAWARE ASPHALT PRODUCTS INC. shall pay the reasonable costs for the direct replacement materials only for those Products determined by DELAWARE ASPHALT PRODUCTS INC. to be subject to warrantable coverage (and exclusive of all other costs including but not limited to metal flashings, metal work, ballast, or other materials supplied or manufactured by others) less any costs previously incurred by DELAWARE ASPHALT PRODUCTS INC. for the replacement of the Products.

REMEDY

  1. THIS WARRANTY REPLACES ALL OTHER ORAL OR WRITTEN WARRANTIES, LIABILITIES, GUARANTEES OR OBLIGATIONS OF DELAWARE ASPHALT PRODUCTS INC. OF ANY NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WHETHER BY STATUTE, AT LAW OR IN EQUITY, AND IS LIMITED IN LENGTH TO THE WARRANTY PERIOD PROVIDED THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION IN THE FACE HEREOF. DELAWARE ASPHALT PRODUCTS INC. WILL NOT BE LIABLE FOR ANY ORAL STATEMENT OR OTHER WRITTEN STATEMENT ABOUT THE PRODUCTS OR ROOF DESIGN, WHETHER SUCH STATEMENTS ARE MADE BY AN AGENT OR EMPLOYEE OF DELAWARE ASPHALT PRODUCTS INC. OR BY ANY OTHER PERSON, OTHER THAN THE PRESIDENT OF DELAWARE ASPHALT PRODUCTS INC. DELAWARE ASPHALT PRODUCTS INC. DOES NOT AUTHORIZE ITS REPRESENTATIVES, DISTRIBUTORS, CONTRACTORS OR DEALERS TO MAKE ANY CHANGES OR MODIFICATIONS TO THIS WARRANTY.
  2. DELAWARE ASPHALT PRODUCTS INC. IS NOT RESPONSIBLE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING ECONOMIC LOSSES AND DAMAGE TO THE OWNER’S PROPERTY OR THE CONTENTS LOCATED THEREIN, WHETHER FOR BREACH OF THIS WARRANTY, STRICT LIABILITY, NEGLIGENCE OR OTHER CLAIMS BASED ON TORT OR FOR ANY OTHER CAUSE.
  3. Some jurisdictions may not allow the exclusion of implied warranties or may determine the amount that a purchaser may seek remedies for under the implied warranties, and some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This Warranty gives you specific legal rights and you may also have other rights which vary from jurisdiction to jurisdiction.
  4. The provisions of this Warranty are in addition to and not a derogation from the statutory warranties, rights and remedies, if any, contained in any applicable consumer protection legislation.

NON-TRANSFERABILITY

This Warranty applies to the original Owner and is not transferable in any manner whatsoever.

CLAIM PROCESS AND MANDATORY BINDING ARBITRATION

  1. To obtain performance under this Warranty, the Owner shall notify DELAWARE ASPHALT PRODUCTS INC. in writing by certified mail within 30 days following the discovery of the warranted The Owner must provide proof of purchase to substantiate the original date of installation of the Products. If requested by DELAWARE ASPHALT PRODUCTS INC., the Owner shall submit samples of the defective Products to DELAWARE ASPHALT PRODUCTS INC. at the Owner’s expense. Notices shall be sent to DELAWARE ASPHALT PRODUCTS INC.:

DELAWARE ASPHALT PRODUCTS INC.
6 Denny Road, Suite 200
Wilmington, DE 19809

The Owner shall provide free access to the area of the suspected defective Products for agents or employees of DELAWARE ASPHALT PRODUCTS INC. to inspect the area, and to make whatever investigations or examinations they may consider appropriate.

  1. No action for breach of this Warranty shall be brought later than one (1) year after any cause of action has accrued.
  2. Every claim, controversy or dispute of any kind whatsoever (each an “Action”) between the Owner and DELAWARE ASPHALT PRODUCTS INC. (including any of DELAWARE ASPHALT PRODUCTS INC.’s employees and agents) relating to or arising from the Products or this Limited Warranty shall be resolved by final and binding arbitration regardless of whether the action sounds in warranty, contract, statute or any other legal or equitable theory. The Owner and DELAWARE ASPHALT PRODUCTS INC. agree that any action will be arbitrated on an individual basis and that no claim(s) will be consolidated or aggregated with the claim(s) of any other person by class action or class arbitration in a representative capacity or otherwise. To arbitrate an action against DELAWARE ASPHALT PRODUCTS INC., the Owners must initiate the arbitration, in accordance with the Federal Arbitration Act to be conducted by a single arbitrator in accordance with the rules of the American Arbitration The Owner must commence the arbitration and provide written notice to DELAWARE ASPHALT PRODUCTS INC. by certified mail at the applicable address noted above, within the applicable time period prescribed above. If the Owner prevails on its claim in the arbitration, DELAWARE ASPHALT PRODUCTS INC. will reimburse the Owner for any filing and administrative fees paid by the Owner to the arbitration organization. Some jurisdictions do not allow mandatory arbitration, so the above arbitration provision may not apply to you in those jurisdictions. An Action may also be referred to another arbitration organization if you and DELAWARE ASPHALT PRODUCTS INC. agree in writing. DELAWARE ASPHALT PRODUCTS INC. will not elect arbitration for any Action the Owner files in court in which the Owner agrees not to seek to recover more than $25,000, including attorneys’ fees and costs, so long as the claim is individual and pending only in that court. The Owner may also reject this arbitration provision by notifying DELAWARE ASPHALT PRODUCTS INC. in writing within 45 days after the installation of the Products. If any portion of this arbitration provision is not enforced in the arbitration, then either you or DELAWARE ASPHALT PRODUCTS INC. can file a lawsuit in court to adjudicate the arbitrability of the Action and the enforceability of the portion of the arbitration provision at issue.

CONDITIONS AND EXCLUSIONS

  1. DELAWARE ASPHALT PRODUCTS INC.’s liability shall apply only to water leakage resulting solely from the defectively manufactured Products and from no other cause. Without limiting the generality of the foregoing, DELAWARE ASPHALT PRODUCTS INC. shall have no liability for any damage resulting from:
    1. any damage that occurs during or after any improper application process, including one that fails to follow DELAWARE ASPHALT PRODUCTS INC.’s specifications and application instructions in effect at time of installation, and approved building practices, or
    2. structural defects, settlement, distortion, cracking, or failure of substrate or the underlying roofing structure, or inadequate performance of products not manufactured or sold by DELAWARE ASPHALT PRODUCTS INC., or
    3. any damage if the roof is altered after initial installation of the roofing system, whether any such alteration is by structural additions, changes, or replacement or equipment installations (including without limitations, aerials, signs, water towers, fan housings, air conditioning equipment, television antennas and skylights), or
    4. foot traffic on the roof, or from use as a storage area or recreational surface or for any other purpose for which it was not designed, or
    5. any change in the use of the building or a change in the technology associated with the processes carried on within the building from those for which it was originally designed, or
    6. inadequate roof drainage or ventilation; or
    7. infiltration or condensation of moisture in, through or around walls, coping, building structure or underlayment or surrounding material, or
    8. leaks caused by fasteners; or
    9. any damage caused by lightning, wind, gale, hurricane, tornado, tempest, hailstorm, ice storm, earthquake, flood, fire, explosion, impact of foreign objects or from abuse or mistreatment of the roof, civil insurrection, war, riot, vandalism, or
    10. in the case of underlayment products covered by this Warranty, exposure to the elements (except for damages resulting from UV degradation if left exposed less than 30 days), or re-roof over existing underlayment; or
    11. exposure to the chemical attack from any chemical materials including but not limited to greases, solvents, oils, or other chemicals; or
    12. any damage due to animals, birds, pests, vermin, or their waste products (e.g., bird droppings/guano); or
    13. on roof assemblies, including but not limited to inverted roof assemblies, costs for removal of equipment and all overburden are also excluded.
  1. In furtherance of and not in limitation of the foregoing, DELAWARE ASPHALT PRODUCTS INC. will have no liability under this warranty for: (a) any damage to the interior or exterior of any building or any property contained therein; (b) any costs incurred for repair or replacement not authorized in writing by DELAWARE ASPHALT PRODUCTS INC.; (c) any damage caused by any cause other than a manufacturing defect; (d) any costs related to disposal; or (e) any costs related to the removal of any asbestos present in the roof to which the Products are installed.
  2. In all cases, the replacement Products are warranted only for the remainder of the original Warranty.
  3. DELAWARE ASPHALT PRODUCTS INC. reserves the right to discontinue or modify any of its products, without notice to the Owner and shall not be liable to the Owner as a result of this modification or DELAWARE ASPHALT PRODUCTS INC. will have no liability in the event that replacement material may vary in color in comparison to the original product as a result of product changes or normal weathering.
  4. The unenforceability of any provision stated herein will not affect the enforceability of any other provision that will remain in full effect.

Last Updated: January 30, 2026
Effective Date: January 30, 2026

© Copyright 01/26