Warranty

of your shingles or shingle samples for us to test. 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, do
not hesitate to call 1-800-ROOFING or visit us at www.owenscorning.com/roofing. If
you repair or replace your Owens Corning
®
products before Owens Corning has made
a determination on your claim, your claim may be denied. Owens Corning shall have a
reasonable time after notification of a claim to inspect the roof. If requested by
Owens Corning, the owner shall provide Owens Corning 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 in writing signed by an officer of
Owens Corning or a licensed attorney in the Owens Corning legal department or by the
Owens Corning Technical Inspection Leader. Other than such an officer or attorney or
Technical Inspection Leader, nobody (regardless of whether an Owens Corning employee,
a contractor, an installer or otherwise) has authority to act on behalf of Owens Corning
(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, Owens Corning and you agree to arbitrate all
disputes and claims arising out of or relating to this warranty or Owens Corning
®
shingles
(“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 Owens Corning should be addressed to:
One Owens Corning Parkway, Toledo, Ohio 43659 (“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 Owens Corning 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 OWENS CORNING 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 OWENS CORNING 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
Ohio. 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 Ohio 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
NO DISPUTE MAY BE BROUGHT LATER THAN 1 YEAR AFTER ANY CAUSE OF
ACTION HAS ACCRUED, AFTER WHICH ALL DISPUTES ARE FOREVER BARRED.
THIS WARRANTY IS YOUR EXCLUSIVE WARRANTY FROM OWENS CORNING
AND REPRESENTS THE SOLE REMEDY TO ANY OWNER OF OWENS CORNING
®