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BUILDINGS WARRANTY Printed in U.S.A. OWNER COpy:; Sign All Copies Iv( {Y1 - (',I TERMS AND CONDITIONS THE FOREGOING WARRANTIES ARE SUBJECT TO THE FOLOWING LIMITATIONS, ADDITIONAL PROVISIONS AND CONDITIONS, INCLUDING THOSE WHICH ARE CONTAINED ON THE REVERSE SIDE: I ~ J r I 1. The warranties expressed herein do not apply: a. to panels installed in areas subject at any time subsequently to installation to exposure to corrosive or aggressive conditions such as airborne abrasives, salt water, marine atmospheres, spray of salt or fresh water, fallout or exposure to fumes, vapors or solid emanations containing acids, alkalies, or compounds of mercury, or other corrosive chemicals, ash or fumes (for example, without limiting the foregoing, this Warranty does not apply to a building which is subject to salt or fresh water spray from an ocean, lake or cooling tower or to corrosive agents emanating from a nearby manufacturing or processing plant.); b. to failures arising out of mechanical or chemical damage which may occur during shipment or during storage on the job site; c. to deterioration caused by condensates or corrosive fumes, generated or released inside the building, or failure to remove construc- tion debris or other accumulations of foreign substances of materials from the surface of roof panels, or condensation on CMR-24@ liner panels; d. to roof panels in the event of failure to provide free drainage of water; e, to failures caused by acts of God, falling objects, external forces, explosions, fire, riot, civil commotion, acts of war, radiation, defects in any part of the foundation of the building, or the attachment of components, such as vents, flashing signs, fascia, skylights, or any other such materials, accessories or machinery, the attachment of which is not made known to and approved by Butler in writing; f. to products or materials which are not manufactured by Butler except to the extent of the guarantee given by the actual manufac- turer; g. to used materials or to materials repaired or replaced under this Warranty except to the extent of the remainder of the applicable warranty period (to repaired, repainted, replaced or used material); h. to any paints or coatings applied after installation not furnished or specifically recommended in writing by Butler; i. to panels erected outside the 48 contiguous United States and Alaska; j. to the alteration of the surface appearance of the Texture-Gote CM on wall panels caused by the-accumulation of dirt or other foreign substances; Due to the rough textured nature of any aggregated or stucco-type surface it is normal to expect some such accumula- tion. Cleaning will usually restore the original appearance. Cleaning of the surface is the responsibility of the owner and is not covered by this Warranty. . . 2. As used in this Warranty, the terms "roof panel," and "wall panel", exclude vents, gutters, skylights, any interior liner panel, trim, flash- ing or other attachments to the roof or wall. 3. Butler does, not warrant components or accessory items to be free, ,of condensation caused by high humidity inside the building and or temperature differentials between inside and outside (for example, without limiting the foregoing, there is no warranty against condensation formingon wihdows, doors, Vista-Wall@, Lite*Panl@ and ventilators). 4. Butler does not warrant any part, product or material to meet local, municipal, or state ordinances, codes, laws or regulations. 5. The obligations of Butler under this Warranty shall not arise unless Butler is notified and this Warranty is presented, together with a written statement specifying the claim of failure within sixty (60) days after a failure is first called to the attention of the owner and not later than the expiration of the applicable warranty period. Butler shall determine whether correction of the defect or failure shall be by repair, repainting or by furnishing replacement materials. Butler's liability shall not arise unless the correction is made under the supervision of or with written approval of Butler. 6. The obligations of Butler hereunder extend only to the original owner listed above and the Butler Builder to whom the materials are initially sold, This Warranty may not be made the subject of any assignment or transfer by such owner or Builder without the written consent of Butler. 7. Except where such disclaimers and exclusions are specifically prohibited by applicable law, THE FOREGOING SETS FORTH THE ONLY GUARANTIES OR WARRANTIES APPLICABLE TO SAID BUILDING AND THE COMPONENTS THEREOF AND SAID WARRANTIES ARE GIVEN EXPRESSLY AND IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE and ALL WARRANTIES WHICH EXCEED OR DIFFER FROM SAID WARRANTIES ARE DISCLAIMED BY BUTLER. The owner agrees that oral statements about the Building and components thereof made by Butler's representatives, or statements contained in Butler's or others' general advertising, pamphlets, brochures, or other printed matter, do not constitute warranties and that acquisition of the building and components thereof was not made in reliance upon them. Except where such disclaimers and exclusions are specifically prohibited by applicable law, THE OWNER'S AND THE BUTLER BUILDER'S SOLE AND EXCLUSIVE REMEDY AGAINST BUTLER SHALL BE LIMITED TO THE APPLICABLE WARRANTIES SET FORTH HEREIN AND THE ENDORSEMENTS, IF ANY, ISSUED TOGETHER WITH THIS DOCUMENT AND NO OTHER REMEDY (INCLUDING BUT NOT LIMITED TO THE RECOVERY OF DIRECT, INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES FOR LOST PROFITS, LOST SALES, INJURY TO PERSON OR PROPERTY, OR ANY OTHER LOSS) SHALL BE AVAILABLE TO THE OWNER OR THE BUTLER BUILDER OR ANY OTHER PERSONS OR ENTITIES, WHETHER BY DIRECT ACTION, FOR CONTRIBUTION OR INIJEMNITY OR OTHERWISE. This exclusive remedy shall not be deemed to have failed its essential purpose as long as Butler is willing and able to carry out the terms of the warranties set forth herein. 8. Title to any replaced material shall pass to Butler. 9. The construction and interpretation of this Warranty shall be governed by the laws of the state in which the building is erected. 10. This Warranty shall become valid only when signed by the owner and returned to Butler within 180 days after the shipment date. 11. Butler shall not have any obligation under any warranty or guarantee until all bills for material, installation and erection of said building and components thereof and labor and other work performed by the Butler Builder have been paid in full by the Owner. Read and accepted By 12 6 91 (Date) BUTLER MANUFACTURING COMPANY P.O BOX 419917 KANSAS CITY, MISSOURI 64141-0917 By By /1 274 I (Date)