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This disclaimer/limitation of remedies and liability applies to the LiveRoof® module manufactured and sold by LiveRoof, LLC under the name LiveRoof®. No person representing or purporting to represent LiveRoof, LLC shall be entitled to waive or vary the terms set forth herein, and any attempt to do so shall be void and of no effect.
The LiveRoof® module is warranted against material defects and photo degredation for 20 years from the date of installation, provided the system is surrounded by edging, ballast, pavers or parapet.
Because LiveRoof, LLC does not have control over each particular application of its products, LiveRoof® makes no warranties express or implied related to the fitness of LiveRoof® products for particular applications and or purposes. It is the resposibility of the user to determine whether the product is suited to a particular purpose or application, and LiveRoof, LLC recommends consultation with a competent architect or engineer to determine if the LiveRoof® system is suitable for a particular application including but not limited to roof slope, drainage, underlying membranes, load (weight) bearing potential.
LiveRoof LLC makes no warranty that products installed by LiveRoof certified installers have been installed properly or in accordance with LiveRoof Standardized intallation procedures. Any warranties for product installation and related work, if available at all, are available solely from the actual installer. Only approved licensees of LiveRoof LLC are authorized to sell or install the LiveRoof System.
Green roofs typically keep roofing membranes wetter than traditional roofs. This is an important consideration when determining what type of membrane and bonding agent/method to use. The choice of waterproofing system (membrane or otherwise) and bonding method should be preapproved with the manufacturer to ensure that it is suited for use in conjunction with the LiveRoof® system. Most manufacturers have indicated to us that their warranties will remain effective when the LiveRoof® system is used in conjunction with the manufacurer’s approved slip sheet/root barrier. LiveRoof® accepts no liability for any issue related to waterproofing systems or bonding methods. The waterproofing system manufacturer should always be consulted before applying any type of green roof system.
If the Product is proved to be defective, the exclusive remedy, at LiveRoof, LLC’s option, shall be to refund the purchase price of the LiveRoof® container (exclusive of soil and plant material) or timely replacement of containers (exclusive of soil and plants). LiveRoof, LLC shall not otherwise be liable for any loss or damages, whether direct, indirect, special, incidental, punitive, or consequential, regardless of the legal theory asserted, including negligence, warranty, or strict liability. If LiveRoof, LLC shall elect to repair or replace the defective Product, or refund the purchase price, such election shall not be deemed an admission of liability. Any lawsuit or legal action against LiveRoof, LLC with regard to product must be brought in Ottawa County, Michigan, and Michigan law shall apply to all proceedings.
The LiveRoof® system is intended to be delivered in a vegetated condition of approximately 95% coverage. The plants are intended to be of an assortment that is hardy, durable, long-lived and sustainable for your local climate (as advised by your experienced local, licensed LiveRoof® grower). Any arrangement for vegetation with a lesser degree of coverage or plant material other than plants recommended by experienced professional growers may result in suboptimal performance, increased maintenance, and is at the discretion of the system owner.
Similarly, the LiveRoof® system is intended to be supplied with LiveRoof® engineered soil, in accord with established LiveRoof® and German FLL soil specifications. Any deviation from such specifications may result in suboptimal performance, resultant performance is solely at the discretion and responsibility of the system owner.
Given that plants are living, breathing organisms, plant warranties are typically offered by the maintenance provider not the LiveRoof grower or LiveRoof, LLC. By providing consistent high qulaity care; keeping drains clean, preventing weed infiltration, watering during extended drought and monitoring soil fertility, the maintenance provider can reduce the chance of a warranty claim. He has a vested interest in the ongoing healthy condition of the plant material. LiveRoof, LLC provides the specification for care of the LiveRoof system, and LiveRoof growers are available as an ongoing resource. But the maintenance contractor is in the best position to warrant the plants.
Any plant warranty will vary from grower to grower (independent of LiveRoof, LLC). Typically plant warranties from growers are associated with additional charges and the adherence to and documentation of specific maintenance practices.
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