Initial Business Response /* (1000, 5, 2016/10/27) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X [redacted]
Contact Email: [redacted]@tamko.com
As explained to Mr. [redacted] in TAMKO's October 7, 2016 letter, curling is not a manufacturing defect but a normal aging...
characteristic which is no cause for alarm. His shingles will continue to serve their intended purpose. Further, the limited warranty, which provides a remedy in the event of a manufacturing defect directly resulting in leaks, remains in full force and effect. If leaks develop and Mr. [redacted] believes they are due to a manufacturing defect, he can contact TAMKO to file a claim. Mr. [redacted] can refer to the courtesy copy of the applicable limited warranty which was sent with the October 7th letter for full details. I hope this is helpful in explaining TAMKO's position.
Initial Consumer Rebuttal /* (3000, 7, 2016/10/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If the Tamko shingles begin curling in less than 5 years, the product is not worth a [redacted]. It appears that Tamko would rather be "in the right" instead "doing the right thing". In the South, shingles do not curl up and don't stick down within 5 years. The roof I had before my contractor put Tamko shingles on it NEVER looked this bad and that roof was 25 years old!!! It's poor quality product and poor customer service!!!!!
Final Consumer Response /* (4200, 13, 2016/11/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Again, I am claiming that the early curling of my shingles is a manufacturers defect. Additionally, it is sad that your "limited warranty" only states liability in the event of leaks...the curling shingles could ultimately result in leaks but possibly not until the time limit for the warranty expires. What has happened to GOOD CUSTOMER SERVICE instead of PROFIT!!!! I can certainly see why there is a lawsuit against your company...the fact that other people have had the same issue as me and have had to join together to try to get any results is highly indicative of the type of company you are....your booklet passes off any issues as "time or ageing". Instead of falling back on a booklet, why doesn't your company DO something to make an extremely unhappy customer happy and finally get something positive said about your products!!!!!!!
Final Business Response /* (4000, 11, 2016/11/09) */
Please refer to the 'How to Read Your Roof" booklet which was sent to you on October 7, 2016 for information on curling. Again, your limited warranty is still in full force and effect. I hope the booklet proves useful to you.
Initial Business Response /* (1000, 5, 2015/07/17) */
Contact Name and Title: [redacted] Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@tamko.com
On July 2, 2015, TAMKO sent a letter to Ms. [redacted] informing her that the algae she is experiencing is not due to a manufacturing...
defect but is a natural occurring event in many humid locations (like Deltona, Florida). The letter also states that TAMKO will provide a certificate to Ms. [redacted] that will pay up to [redacted] per square to have her roof professionally cleaned since the algae claim is within the 120 month limited algae cleaning period. Ms. [redacted] only needs to provide TAMKO with an estimate for the cleaning pursuant to the July 2, 2015 letter to Ms. [redacted]. If you need any additional information, please let me know. Thanks.
[redacted]
Associate General Counsel
TAMKO Building Products, Inc.
Initial Consumer Rebuttal /* (3000, 7, 2015/07/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No, I have a previous letter from Nov. 11 2011 where the letter stated the exact same thing I followed through and had Tamko pay for the chemical cleaning only not a year later and now the problem is worse. The shingles need to be replaced before the limited warrenty is up. The chemical clean is not a solution it only made the situation worse.
Final Business Response /* (4000, 9, 2015/07/23) */
The applicable limited warranty contains a specific remedy for algae which develops on certain shingles manufactured by TAMKO. That remedy is to pay the reasonable cost of cleaning the algae from the shingles for up to 10 years. The remedy for the algae cleaning portion of the limited warranty is NOT to provide replacement shingles since algae is not a manufacturing defect which directly causes leaks. I would refer Ms. [redacted] to the limited warranty for full details. Ms. [redacted]'s limited warranty remains in full force and effect and should her shingles leak due to a manufacturing defects (within the term of the limited warranty), she should contact TAMKO immediately according to the directions in the notice section of her limited warranty. Please note the algae cleaning portion of the limited warranty only lasts 10-years and has recently expired. TAMKO is still willing to provide a labor certificate to cover the reasonable cost of cleaning the algae from Ms. [redacted]'s roof one more time pursuant to TAMKO's latest letter. However, TAMKO will not pay to replace her shingles since that would not be in accordance to the terms of the limited warranty. If Ms. [redacted] needs another copy of the applicable limited warranty, she can contact me and I will gladly provide it to her. Although TAMKO will not provide the remedy demanded by Ms. [redacted], I sincerely hope this clarifies for her TAMKO' position on this matter.
[redacted]
Associate General Counsel
TAMKO Building Products, Inc.
(XXX) XXX-XXXX (ext. [redacted]
Initial Business Response /* (1000, 5, 2017/05/10) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted].com
TAMKO will arrange for a TAMKO representative to inspect the roof. The representative will contact Mr. [redacted] directly to make...
arrangements. If Mr. [redacted] wants to hire a roofing consultant (at his own expense) he will need to make those arrangements himself.
Thanks.
Initial Business Response /* (1000, 5, 2016/08/05) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X 2239
Contact Email: [redacted]@tamko.com
Mr. McMullen has been sent a warranty kit on August 4, 2016 and TAMKO will administer his claim pursuant to the applicable...
limited warranty. A warranty services representative will correspond directly with Mr. [redacted] going forward. Thanks.
Initial Business Response /* (1000, 5, 2017/03/16) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@tamko.com
I appreciate Mr. [redacted] stating that he purchased the TAMKO shingles because of the 30-year limited warranty. Please allow me...
to provide information about the limited warranty TAMKO provides to purchasers of TAMKO shingles, such as Mr. [redacted], as part of the original sales transaction which provides a remedy to the purchaser in the event TAMKO shingles have a manufacturing defect directly resulting in leaks. The limited warranty is printed on every package of TAMKO shingles so homeowners, (as well as retailers and contractors) have the opportunity to read and compare our limited warranty to others as they consider which brand of shingles to buy. Also, we try to ensure fairness and uniformity in handling all claims of manufacturing defects which result in leaks and provide a remedy according to the applicable limited warranty and TAMKO's established claim administration process.
The limited warranty applicable here has a Full Start Period of five (5) years from the date of installation wherein TAMKO provides a certificate for replacement shingles and a certificate for the reasonable cost of labor to install them (excluding tear-off, removal and disposal of old shingles). After the end of the Full Start Period, TAMKO's limited warranty provides for maximum liability of replacement shingles (available by redeeming a certificate for shingles) prorated according to the total months of service (up to when the claim was filed) and the total remaining months of the term of the limited warranty.
Mr. [redacted]'s shingles were installed on October 5, 2007. His initial notification date to TAMKO was January 23, 2017 and is therefore outside the Full Start Period. His shingles were in service for 111 months, TAMKO offered to prorate the replacement shingles by 69% according to the formula in the limited warranty. The proration takes into account that the shingles performed for a portion of the warranty term and provides compensation for the remaining term of the limited warranty. Therefore, TAMKO extended an offer to settle to Mr. [redacted] consisting of i) a material certificate for 32 squares of Heritage shingles and ii) a $100.00 check as payment for the cost of sending shingle sample. This represents TAMKO's maximum liability under the limited warranty. See the attached settlement offer and limited warranty.
This offer is still available to Mr. [redacted]. The material certificate may be redeemed at his nearest TAMKO distributor until March 8, 2018 when the material certificate expires. Complete details on how to redeem the material certificate are stated on the face of the material certificate which was sent to Mr. [redacted] on March 8, 2017.
I hope this is helpful in explaining TAMKO's position with regard to TAMKO's limited warranty and Mr. [redacted]'s settlement offer.
Initial Consumer Rebuttal /* (3000, 14, 2017/03/29) */
see pdf
Final Business Response /* (4000, 16, 2017/03/30) */
I appreciate Mr. [redacted] stating that he understands TAMKO's limited warranty. TAMKO goes to great lengths to publish the limited warranty (on the wrapper of every shingle bundle, on the internet, on brochures, etc.) so customers who are comparing different shingle brands and their limited warranties can make an informed decision before making their shingle purchase. In the event of a future claim, the limited warranty states the coverage, limitations and exclusions that govern the claim. In an attempt to provide uniform and fair treatment to all of its customers, TAMKO abides by the terms and conditions of the applicable limited warranty as it administers each claim so no one customer is treated differently than another customer. I hope this explanation is helpful.
Initial Business Response /* (1000, 9, 2015/06/19) */
RE: Revdex.com Complaint ID No. XXXXXX
Ms. [redacted]
Dear Ms. [redacted]
I am writing in response to the Revdex.com complaint submitted by [redacted], Case No. XXXXXX. Ms.[redacted] complains that: (1) her roof became...
discolored due to algae growth; and (2) TAMKO ignored her requests for instructions on how to clean her shingles. Pleas allow me to address how TAMKO has responded to Ms. [redacted] and why Ms. [redacted]'s complaint is meritless.
TAMKO provides a 120-month limited algae warranty to purchasers of TAMKO shingles as part of the original sales transaction. This 120-month limited warranty to purchasers of TAMKO shingles as part of the original sales transaction. This 120-month limited warranty provides a remedy for discoloration as a result of algae staining. The limited warranty is printed on every package of TAMKO shingles so that homeowners (as well as retailers and contractors) have the opportunity to read and compare TAMKO's limited warranty to others as they consider which brand of shingles to buy.
Ms. [redacted] asserts that TAMKO denied her claim under the limited algae warranty, and then ignored her requests for information regarding the cleaning of alleged discoloration on her roofing shingles. This is a mischaracterization of the interactions between Ms. [redacted] and TAMKO.
First, Ms. [redacted]'s claim was properly denied because the limited algae warranty had expired. Although Ms. [redacted] alleges that algae growth discolored her roof within seven years, she did not make a claim under the limited warranty within 10-year (120 month) window. According to information provided by Ms. [redacted], the shingles were applied on October 28, 2004. Because more than 10 years passed before Ms. [redacted] made a claim under the limited algae warranty, her claim was properly denied.
Second, notwithstanding the denial of Ms. [redacted]'s claim, TAMKO has been responsive to Ms. [redacted]'s requests for information. A TAMKO Technical Services Manager wrote to Ms. [redacted] on December 17, 2014, offering her a technical bulletin regarding algae discoloration and cleaning recommendations for her shingles. Ms. [redacted] responded to the TAMKO employee as follows: "Dear 'CYA'*(Manager), You're a manager?? Wow. (The technical bulletin) is why you and your company can't be trusted, why there are so many lawsuits against you. AND you aren't doing anything for your personal Karma working there, either."
* CYA is an acronym meaning, "Cover Your [redacted]."
After receiving this inappropriate message, TAMKO ceased further correspondence with Ms. [redacted].
Ms. [redacted] then wrote to TAMKO again, stating that she was "filing a complaint with Revdex.com today due to your lack of concern and response. I simply wanted to know how to clean the shingles you manufacture. You send a very vague set of instructions then don't respond at all to my follow up. There are also government agencies I will be contacting. And I'm considering putting a huge sign on my roof that is black and green with the words THANKS TAMKO." The TAMKO Technical Services Manager responded to Ms. [redacted] with further instructions for cleaning discolored shingles, stating the "TAMKO recommends no more than a 50/50 solution of bleach and water" and that Ms. [redacted] should otherwise "follow the instructions in the previous document" sent by TAMKO. Finally, TAMKO's Technical Services Manager noted that Ms. [redacted]'s "last e-mail was inappropriate so I did not respond."
In short, Ms. [redacted]'s ten-year algae warranty expired before she contacted TAMKO and even though her correspondence included inappropriate statements, TAMKO has provided the information she requested.
Very truly yours,
TAMKO Building Products, Inc.
By: [redacted]
Associate General Counsel
Complaint: [redacted]
I am rejecting this response because: the company is not following the printed warranty. And Really, when a roof goes on your home, how many homeowners are 'standing by" to read the warranty. The roofer puts the shingles up on the roof and throws the wrappers in a dumpster for somewhat easy cleanup. TAMKO is not being REASONABLE!
Sincerely,
[redacted]
Initial Business Response /* (1000, 5, 2016/04/05) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X 2239
Contact Email: [redacted]@tamko.com
TAMKO cannot locate any record of Ms. [redacted] communicating with TAMKO prior to filing with the Revdex.com. I recommend Ms....
[redacted] contact TAMKO's warranty services department at XXX-XXX-XXXX pursuant to the terms of limited warranty.
Initial Consumer Rebuttal /* (3000, 7, 2016/04/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I agree the Revdex.com is my first effort. I will also e-mail customer service at Tamko and see how far I get.
Final Consumer Response /* (4200, 11, 2016/04/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
As I advised yesterday: I have e-mailed warranty service at Tamko with the complaint. I have not heard anything back from them. I need a response regarding the issue: what will they offer about the premature failure of their 30-year shingles? (not just a phone number - the warranty dept already has my emailed complaint). I prefer to keep all correspondence written for my records.
Final Business Response /* (4000, 9, 2016/04/07) */
Please call Warranty Services (toll free) at XXX-XXX-XXXX to ensure you are speaking to the right department. Thanks.
Initial Business Response /* (1000, 5, 2017/04/29) */
Contact Name and Title: [redacted], Attorney
Contact Phone: [redacted]
Contact Email: [redacted].com
TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that provides a...
remedy in case of manufacturing defects which directly cause leaks. This limited warranty and TAMKO's installation instructions are printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. Therefore, homeowners are able to make an informed decision as to what brand of shingles to purchase and are aware of the terms and conditions of the limited warranty.
Along with other manufacturers of many differing products, TAMKO has limitations on the transferability of the limited warranty. In part, TAMKO's limitation of the limited warranty is based on the fact that subsequent owners of a home and its shingles have the opportunity to inspect the home (and its component parts such as shingles), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the home's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roofing and take any issues into account as part of the negotiation of the price of the home. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. (TAMKO obviously is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were in fact made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the home based upon its structural condition and various other factors, including, but not limited to the condition of the roof.) Taking all these issues into account, TAMKO has chosen to provide a limited warranty that has limitations in its transferability to subsequent home owners. And that transferable condition is conspicuously printed on our package.
TAMKO does not sell a "fungus resistant shingle." Some of TAMKO's shingles include a limited cleaning provision in its limited warranty to clean off certain types of algae for the first 10 years of the limited warranty's term. However, TAMKO does not state or market that these shingles will actually resist the formation of fungus, algae or mold.
TAMKO tries to ensure fairness and uniformity in handling warranty claims and accordingly, TAMKO administers claims in accordance with the terms and conditions of the applicable limited warranty. Since Mr. [redacted] is not the original purchaser and the limited warranty was not properly transferred to him by the original purchaser, Mr. [redacted] does not have a remedy available to him under the terms of the limited warrant.
Although, TAMKO will not respond as Mr. [redacted] requested, I hope this is helpful in explaining TAMKO's position.
Initial Business Response /* (1000, 9, 2015/08/21) */
Contact Name and Title: [redacted] Attorney
Contact Phone: XXX-XXX-XXXX X 2239
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to its customer as part of the original sales transaction of TAMKO shingles that...
provides a remedy in case of manufacturing defects which directly causes leaks. This limited warranty and TAMKO's installation instructions are printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. By doing this, purchasers are able to make informed decisions regarding warranties when selecting shingles. We try to ensure fairness and uniformity in handling warranty claims and accordingly, TAMKO administers claims in accordance with the terms and conditions of the applicable limited warranty and requires the homeowner's cooperation to administer the claim.
Mr. [redacted] began the claims process but only sent two pieces of a shingles backing strip and failed to submit 2 WHOLE shingles from his roof as stated in the Warranty Claim Kit he received. Two whole shingles samples are required to determine i) if the shingles installed are TAMKO shingles and ii) if there is an apparent manufacturing defect causing leaks.
On April 7, 2015 and on July 30, 2015, TAMKO informed Mr. [redacted] over the telephone that 2 whole shingles taken from the affected portion of his roof were needed. When Mr. [redacted] objected to the cost of having a shingle removed, he was told that IF the shingles are found to be TAMKO shingles and have a manufacturing defect causing leaks, TAMKO will reimburse him up to $100.00 for the cost of removing and mailing in the shingle samples.
On July 30, 2015, TAMKO sent Mr. [redacted] a letter advising him that TAMKO needs him to send 2 whole shingle samples from the affected area of his roof to complete his claim. As of this writing, Mr. [redacted] still has not sent the required whole shingle samples.
If Mr. [redacted] wishes to complete his claim, he can mail in two whole shingles taken from the affected part of his roof and TAMKO will then administer his claim. TAMKO reserves all of its rights under the law and any applicable limited warranty.
Mr. [redacted] is free to contact me or Warranty Services if he has any questions.
Initial Consumer Rebuttal /* (3000, 11, 2015/08/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have no further comment at this time other than what I originally stated.
Final Business Response /* (4000, 13, 2015/08/26) */
TAMKO also has nothing further to state in this matter. Thank you.
Final Consumer Response /* (4200, 15, 2015/08/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I am disappointed at their unwillingness to negotiate on this and will not purchase their products again.
Initial Business Response /* (1000, 5, 2015/08/26) */
It is TAMKO's understanding that Mr. [redacted] has retained counsel regarding this matter so TAMKO will handle this matter with Mr. [redacted] through his attorney. Thank you.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/04) */
(The consumer...
indicated he/she DID NOT accept the response from the business.)
Tamko's attorney responded that they gave us the warranty certificates, even though the roof is not leaking. We believe they did this due to the class action suit against them due to the faulty shingles. The attorney stated that the certificates have a 12 month expiration to quickly remedy the problem. Yet we can not hire a roofer to fix the problem within the 12 months due to the local wind storm.
We still have shingles with manufacturing defects that are cracked and buckled.
We want Tamko to extend the warranty certificates for one more year so we can replace our roof. Roofers in our area are unavailable until spring, 2016.
Final Business Response /* (4000, 9, 2015/09/09) */
As stated earlier, Since Mr. [redacted] has retained counsel in this matter, TAMKO's counsel has taken up Mr. [redacted]'s claim with Mr. [redacted]'s attorney. Thank you.
Final Consumer Response /* (4200, 11, 2015/09/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Tamko denied our request to our attorney, stating that since the roof is not leaking, it is not a warranty issue. Again, why did they issue warranty certificates in the first place other than the shingles are faulty and they know it.
They need to honor the certificates and reissue them with dates in September, 2016.
Contact Name and Title: [redacted], Attorney
Contact Phone: [redacted]
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to purchasers of TAMKO shingles as part of the original sales transaction which provides a remedy to the purchaser in the event TAMKO shingles have a...
manufacturing defect directly resulting in leaks. The limited warranty is printed on every package of TAMKO shingles so homeowners (as well as retailers and contractors) have the opportunity to read and compare our limited warranty to others as they consider which brand of shingles to buy. Also, we try to ensure fairness and uniformity in handling all claims of manufacturing defects which result in leaks and provide a remedy according to the applicable limited warranty and TAMKO's established claim administration process.
During a phone conversation with a TAMKO Warranty Services Representative, on June 22, 2017, [redacted] indicated the shingles were installed on the property in 2010. [redacted] and [redacted] then purchased the home in 2012 from the original owner. Based upon this information the [redacted]'s provided it appears they are not the original purchaser of the shingles. Further, TAMKO does not have any record of a transfer taking place.
In part, the limitation of the transferability of the limited warranty is based on the fact that subsequent owners of a home have the opportunity to inspect the home, and its component parts (including the roof), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the home's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roof and take any issues into account as part of the negotiation of the price of the home. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. TAMKO is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were in fact made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the home based upon its structural condition and various other factors, including, but not limited to the condition of the roof. Taking all these issues into account, TAMKO made a decision to provide a limited warranty that includes a limited transferability period for subsequent home owners.
I do hope this response is helpful in assisting you in understanding TAMKO's position.
Initial Business Response /* (1000, 5, 2016/04/05) */
TAMKO has reached out to the consumer and will be speaking directly with the consumer.
Initial Consumer Rebuttal /* (2000, 7, 2016/04/15) */
(The consumer indicated he/she ACCEPTED the response from the business.)
They responded to my...
Initial Business Response /* (1000, 5, 2016/06/15) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@tamko.com
I have reviewed Mr. [redacted]'s claim file and applicable limited warranty and found the claim has been properly administered under...
the terms and conditions of the limited warranty. TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that provides a remedy in case of manufacturing defects which directly cause leaks. This limited warranty is printed on every package of TAMKO shingles so homeowners (and/or their contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. Therefore, homeowners are able to make an informed decision as to what brand of shingles to purchase and are aware of the terms and conditions of the limited warranty prior to their purchase. The limited warranty on the wrapper at the time of Mr. [redacted]'s shingle purchase is the limited warranty applicable to his shingles.
Mr. [redacted]'s limited warranty has a 5-year Full Start Period from the date of installation wherein TAMKO provides replacement shingles and the reasonable cost of labor to install them (excluding tear-off, removal and disposal of old shingles). At the end of the Full Start Period, TAMKO's maximum liability under a claim is replacement shingles prorated according to the total months of service (up to when the claim was filed) and the total remaining months of the term of the limited warranty.
Mr. [redacted]'s shingles were installed on July 4, 2004. His initial claim to TAMKO was April 8, 2016. Since his original claim fell outside the Full Start Period, TAMKO's offered a material certificate for 18 Squares of Heritage replacement shingles (prorated by 60% from the 30 Squares of the affected shingles). Proration takes into account that the shingles performed for a portion of the limited warranty term and provides some compensation for the remaining term of the limited warranty to the homeowner.
TAMKO attempts to treat all of its customers fairly and consistently by adhering to the terms of the applicable limited warranty when settling claims. Mr. [redacted]'s desired resolution of 70% of the cost of materials and labor is excessive and falls outside the remedy available under the limited warranty.
Although TAMKO will not respond in the manner Mr. [redacted] requested, I hope this does assist him in understanding TAMKO's position.
Thanks.
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2016/06/15) */
(The consumer indicated he/she DID NOT accept the response from the business.)
While Tamko is right in that my claim "fell outside the Full Start Period" the severe loss of granules from 80% of my shingles did not. Again Tamko fails to acknowledge that the loss of granules was a long term manifestation of a defect that existed at the time of manufacture. The statement that "the shingles performed for a portion of the limited warranty period" ignores the fact that during this period the loss of granules was so complete that some shingles only had the fiberglass Matt left at the time of my complaint.
It could not and did not, according to a professional roofer, occur even close to the date of warranty complaint.
In my opinion Tamko is using the date of the complaint as a starting date of the defect. Despite of how convenient this settlement is for the company both from a monitary and customer sevice standpoint, it does not represent the actually scenario of the shingle failure.
Final Consumer Response /* (4200, 16, 2016/06/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
While I agree with Tamko's statement that I "did not notify Tamko until April 2016" and that I did state the problem "started in 2005" it does not negate the fact that the shingle were defective at or shortly after installation. As I stated before the longstanding issue of the shingle defect was documented by a professional roofer prior to my filing a warranty claim at his suggestion.
Because at age 71 I did not inspect my roof (a 12:12 pitch in places) nor did I consider the comulative effects of finding a handful of granules after each rain in my downspout a cause for alarm again does not negate the defective shingles.
All I am asking Tamko to do take these facts into consideration as they seek "long-standing customer relations" and "enduring relationships with customers" "Tamko literature"
I do take issue with the statement that Tamko's settlement offer "is going above and beyond the remedy as contained in the limited warranty". Their own warranty claim settlement worksheet describes the "prorated coverage provided" as " compensation for the remaining term of the limited warranty".
Surely Tamko, in the interest of "enduring relationships with customers" and based on the defective nature of these original shingles can provide compensation that lies between what the warranty settlement legally provides and what a retired senior citizen on a fixed income will have to pay out of pocket to settle this issue?
Final Business Response /* (4000, 14, 2016/06/27) */
According to the limited warranty, the homeowner is required to notify TAMKO within 30 days from the discovery of the alleged problem with the shingles so TAMKO may conduct a thorough investigation. Mr. [redacted] stated in his original statement to the Revdex.com (and in June 15, 2016 reply to the Revdex.com and in his questionnaire to TAMKO) that this problem started at the construction of his house in 2005. Yet, Mr. [redacted] did not notify TAMKO until April 2016. Further, please note that the limited warranty states no action can be brought against TAMKO under the limited warranty after one (1) year from the date of the discovery of the alleged problem or 2005.
Therefore, TAMKO's good will settlement offer of i) $100.00 reimbursement and ii) a material certificate for 18 Squares of Heritage Shingles is going above and beyond the remedy as contained in the limited warranty. Mr. [redacted] may still redeem the material certificate until it expires on May 26, 2017.
This response, nor any previous communication from TAMKO, is not intended not shall it be construed as a modification, waiver or limitation of the limited warranty which remains in full force and effect. TAMKO reserves all it rights under the limited warranty and the law. Please feel free to contact me with any questions.
Initial Business Response /* (1000, 5, 2016/09/15) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X [redacted]
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that...
provides a remedy in case of manufacturing defects which directly cause leaks. This limited warranty and TAMKO's installation instructions are printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. Therefore, homeowners are able to make an informed decision as to what brand of shingles to purchase and are aware of the terms and conditions of the limited warranty.
TAMKO settles claims according to the limited warranty which expressly excludes damage to the interior of the structure.
I hope this is helpful explaining TAMKO's position on this matter.
Initial Consumer Rebuttal /* (3000, 7, 2016/09/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I really do not believe Tamko can sale defective shingles and materials to consumers that causes damages to the roof and the interior structure of my home and not be liable for the damages.I will not stop until Tamko do the right thing and repair my ceilings. I will contact my local new channels here and have them come to my home and show how Tamko want to leave my ceilings. I wish you will just do the right thing.
Final Business Response /* (4000, 9, 2016/09/30) */
TAMKO administers limited warranty claims in accordance with the applicable limited warranty associated with the original purchase in an effort to treat all of its claimants uniformly and fairly. If you review the limited warranty, I believe you will find your claim was administered according to the terms of your limited warranty which excludes coverage for interior damage.
Please be advised that TAMKO's offer of settlement is a good faith offer to settle a disputed claim and if the claim dose not settle, TAMKO reserves all of its rights under the limited warranty and the law. Please contact me if you have any questions.
Final Consumer Response /* (4200, 11, 2016/10/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
looks like nothing else I can do, thanks Tamko for agreeing to repair my roofing, too bad I have to try and fix my ceiling. I'm on fixed income and really can not afford to.
Initial Business Response /* (1000, 5, 2016/02/02) */
Contact Name and Title: Dave Richins, Attorney
Contact Phone: 417-624-6644
Contact Email: [redacted]tamko.com
TAMKO's limited warranty provides remedies to the original consumer purchaser in the event the TAMKO shingles have a...
manufacturing defect directly resulting in leaks. The TAMKO limited warranty is printed on every bundle and is, therefore, available to consumers, like Mr. [redacted], to review as part of their purchase decision. Consumers have the opportunity to review the limited warranty terms as they decide what product to purchase.
By purchasing TAMKO shingles, the consumer rightfully expects TAMKO to honor the terms and conditions of the limited warranty which they selected along with TAMKO shingles. In this matter, TAMKO did just that. Mr. Seute's claim of granule loss was properly administered by Ms. Holland in accordance with the terms and conditions of the limited warranty which remains in full force and effect. Therefore, if Mr. [redacted] roof develops leaks which he believes is due to a manufacturing defect, he should contact TAMKO again pursuant to the Notification section of the limited warranty and the new claim will be administered by TAMKO.
I hope this and TAMKO's previous correspondence to Mr. [redacted] is helpful in explaining TAMKO's position.
Initial Consumer Rebuttal /* (3000, 7, 2016/02/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The selling of a defective product, in my view, is unacceptable. My roof is defective and tamko should stand behind it.
Final Business Response /* (4000, 9, 2016/02/05) */
The minor loss of the extra granules used in the manufacturing process of asphalt shingles is not a manufacturing defect. Your shingle samples which you submitted indicate sufficient granule coverage to protect the asphalt. The limited warranty associated with your purchase continues to be in full force and effect.
Final Consumer Response /* (4200, 11, 2016/02/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I see no point in going back and forth in this. This accomplishes nothing. I will not respond again. Mark this case unresolved and leave it at that.
Initial Business Response /* (1000, 5, 2016/09/15) */
Contact Name and Title: [redacted], Attorney
Contact Phone: [redacted] X [redacted]
Contact Email: [redacted]@tamko.com
According to information provided by Mr. [redacted], the shingles were purchased and installed in 2006 by a previous homeowner. ...
Mr. [redacted] purchased the house from a bank that foreclosed on the previous home owner on April 1, 2008; therefore, he is not the first consumer purchaser or owner of the TAMKO shingles.
As indicated to Mr. [redacted] in TAMKO's September 6, 2016 letter - TAMKO's limited warranty states that it shall accrue and inure only to the benefit of the first consumer purchaser or owner of the TAMKO shingles and shall not be assigned, sold or transferred in any manner whatsoever. Any such assignment, sale or transfer of the warranty or the house to which the TAMKO shingles are applied terminates TAMKO's obligations under the limited warranty. In part, TAMKO's limitation of the limited warranty solely to the benefit of the first consumer purchaser is based on the fact that subsequent owners of a home and its shingles have the opportunity to inspect the home (and its component parts such as shingles), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the home's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roofing and take any issues into account as part of the negotiation of the price of the home. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. (TAMKO obviously is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were in fact made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the home based upon its structural condition and various other factors, including, but not limited to the condition of the roof.) Taking all these issues into account, TAMKO has chosen to provide a limited warranty that is non-transferable to subsequent home owners. And that non-transferable condition is conspicuously printed on our package.
I hope this is helpful explaining TAMKO's position.
Initial Business Response /* (1000, 5, 2015/09/28) */
Contact Name and Title: Dave [redacted] Attorney
Contact Phone: XXX-XXX-XXXX X [redacted]
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that...
provides a remedy in case of manufacturing defects which directly cause leaks. This limited warranty is printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty so they are aware of its terms and conditions prior to making their purchase.
In 2008 (the time the shingles at issue were purchased by the original homeowner), the applicable limited warranty allowed one transfer to a subsequent purchaser of the house within the first 2 years of the purchase of the house. Mr. [redacted] stated that he purchased the house in 2013; therefore, he was not the first consumer purchaser of the TAMKO shingles and Mr. [redacted]'s purchase of the house fell well outside the 2-year transferability period. The limited warranty further states that any assignment, sale or transfer of the limited warranty or the house, in a manner not consistent with the limited warranty, terminates TAMKO's obligations under the limited warranty.
In part, the limitation of the transferability of the limited warranty is based on the fact that subsequent owners of a house have the opportunity to inspect the house (and its component parts such as shingles), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the house's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roof and take any issues into account as part of the negotiation of the price of the house. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. (TAMKO obviously is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were, in fact, made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the house based upon its structural condition and various other factors, including, but not limited to the condition of the roof.) Taking all these issues into account, TAMKO has chosen to provide a limited warranty that is limited in its transferability to subsequent purchases and that limitation of transferability is conspicuously printed on every shingle bundle.
Although, TAMKO did not respond as Mr. [redacted] wished, I hope this explanation helps him understand TAMKO's position.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I feel that if they really felt their product was made to withstand a 30 Year warranty with a failure within the first 10 years would justify at least looking at the product and if the product failed, to at least work with the home owner to resolve the problem.
Final Business Response /* (4000, 9, 2015/10/02) */
The 30-year limited warranty provides a remedy to the original consumer for 30-years in the event of a manufacturing defect directly causing a leak. Shingles begin to age as soon as they are exposed to nature. Buildings experience aging factors differently, so it is difficult to predict how long shingles will last. That's why TAMKO provides a limited warranty.
In an attempt to achieve fairness and uniformity in handling limited warranty claims, TAMKO strives to administer all such claims in accordance with the terms and conditions of the applicable limited warranty (including the limitation on transferability provision) so all claimants are treated fairly and equally. Creating an exception for Mr. [redacted] would not be fair to others who, after the applicable transferability period has expired, have purchased/will purchase buildings previously installed with TAMKO shingles.
I hope this helps Mr. [redacted] understand TAMKO's position in this matter.
Final Consumer Response /* (4200, 11, 2015/10/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This just shows that Tamko, does not really back there product or care about there customers!
Initial Business Response /* (1000, 5, 2016/10/27) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X [redacted]
Contact Email: [redacted]@tamko.com
As explained to Mr. [redacted] in TAMKO's October 7, 2016 letter, curling is not a manufacturing defect but a normal aging...
characteristic which is no cause for alarm. His shingles will continue to serve their intended purpose. Further, the limited warranty, which provides a remedy in the event of a manufacturing defect directly resulting in leaks, remains in full force and effect. If leaks develop and Mr. [redacted] believes they are due to a manufacturing defect, he can contact TAMKO to file a claim. Mr. [redacted] can refer to the courtesy copy of the applicable limited warranty which was sent with the October 7th letter for full details. I hope this is helpful in explaining TAMKO's position.
Initial Consumer Rebuttal /* (3000, 7, 2016/10/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If the Tamko shingles begin curling in less than 5 years, the product is not worth a [redacted]. It appears that Tamko would rather be "in the right" instead "doing the right thing". In the South, shingles do not curl up and don't stick down within 5 years. The roof I had before my contractor put Tamko shingles on it NEVER looked this bad and that roof was 25 years old!!! It's poor quality product and poor customer service!!!!!
Final Consumer Response /* (4200, 13, 2016/11/09) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Again, I am claiming that the early curling of my shingles is a manufacturers defect. Additionally, it is sad that your "limited warranty" only states liability in the event of leaks...the curling shingles could ultimately result in leaks but possibly not until the time limit for the warranty expires. What has happened to GOOD CUSTOMER SERVICE instead of PROFIT!!!! I can certainly see why there is a lawsuit against your company...the fact that other people have had the same issue as me and have had to join together to try to get any results is highly indicative of the type of company you are....your booklet passes off any issues as "time or ageing". Instead of falling back on a booklet, why doesn't your company DO something to make an extremely unhappy customer happy and finally get something positive said about your products!!!!!!!
Final Business Response /* (4000, 11, 2016/11/09) */
Please refer to the 'How to Read Your Roof" booklet which was sent to you on October 7, 2016 for information on curling. Again, your limited warranty is still in full force and effect. I hope the booklet proves useful to you.
Initial Business Response /* (1000, 5, 2015/07/17) */
Contact Name and Title: [redacted] Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@tamko.com
On July 2, 2015, TAMKO sent a letter to Ms. [redacted] informing her that the algae she is experiencing is not due to a manufacturing...
defect but is a natural occurring event in many humid locations (like Deltona, Florida). The letter also states that TAMKO will provide a certificate to Ms. [redacted] that will pay up to [redacted] per square to have her roof professionally cleaned since the algae claim is within the 120 month limited algae cleaning period. Ms. [redacted] only needs to provide TAMKO with an estimate for the cleaning pursuant to the July 2, 2015 letter to Ms. [redacted]. If you need any additional information, please let me know. Thanks.
[redacted]
Associate General Counsel
TAMKO Building Products, Inc.
Initial Consumer Rebuttal /* (3000, 7, 2015/07/21) */
(The consumer indicated he/she DID NOT accept the response from the business.)
No, I have a previous letter from Nov. 11 2011 where the letter stated the exact same thing I followed through and had Tamko pay for the chemical cleaning only not a year later and now the problem is worse. The shingles need to be replaced before the limited warrenty is up. The chemical clean is not a solution it only made the situation worse.
Final Business Response /* (4000, 9, 2015/07/23) */
The applicable limited warranty contains a specific remedy for algae which develops on certain shingles manufactured by TAMKO. That remedy is to pay the reasonable cost of cleaning the algae from the shingles for up to 10 years. The remedy for the algae cleaning portion of the limited warranty is NOT to provide replacement shingles since algae is not a manufacturing defect which directly causes leaks. I would refer Ms. [redacted] to the limited warranty for full details. Ms. [redacted]'s limited warranty remains in full force and effect and should her shingles leak due to a manufacturing defects (within the term of the limited warranty), she should contact TAMKO immediately according to the directions in the notice section of her limited warranty. Please note the algae cleaning portion of the limited warranty only lasts 10-years and has recently expired. TAMKO is still willing to provide a labor certificate to cover the reasonable cost of cleaning the algae from Ms. [redacted]'s roof one more time pursuant to TAMKO's latest letter. However, TAMKO will not pay to replace her shingles since that would not be in accordance to the terms of the limited warranty. If Ms. [redacted] needs another copy of the applicable limited warranty, she can contact me and I will gladly provide it to her. Although TAMKO will not provide the remedy demanded by Ms. [redacted], I sincerely hope this clarifies for her TAMKO' position on this matter.
[redacted]
Associate General Counsel
TAMKO Building Products, Inc.
(XXX) XXX-XXXX (ext. [redacted]
Initial Business Response /* (1000, 5, 2017/05/10) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted].com
TAMKO will arrange for a TAMKO representative to inspect the roof. The representative will contact Mr. [redacted] directly to make...
arrangements. If Mr. [redacted] wants to hire a roofing consultant (at his own expense) he will need to make those arrangements himself.
Thanks.
Initial Business Response /* (1000, 5, 2016/08/05) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X 2239
Contact Email: [redacted]@tamko.com
Mr. McMullen has been sent a warranty kit on August 4, 2016 and TAMKO will administer his claim pursuant to the applicable...
limited warranty. A warranty services representative will correspond directly with Mr. [redacted] going forward. Thanks.
Initial Business Response /* (1000, 5, 2017/03/16) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@tamko.com
I appreciate Mr. [redacted] stating that he purchased the TAMKO shingles because of the 30-year limited warranty. Please allow me...
to provide information about the limited warranty TAMKO provides to purchasers of TAMKO shingles, such as Mr. [redacted], as part of the original sales transaction which provides a remedy to the purchaser in the event TAMKO shingles have a manufacturing defect directly resulting in leaks. The limited warranty is printed on every package of TAMKO shingles so homeowners, (as well as retailers and contractors) have the opportunity to read and compare our limited warranty to others as they consider which brand of shingles to buy. Also, we try to ensure fairness and uniformity in handling all claims of manufacturing defects which result in leaks and provide a remedy according to the applicable limited warranty and TAMKO's established claim administration process.
The limited warranty applicable here has a Full Start Period of five (5) years from the date of installation wherein TAMKO provides a certificate for replacement shingles and a certificate for the reasonable cost of labor to install them (excluding tear-off, removal and disposal of old shingles). After the end of the Full Start Period, TAMKO's limited warranty provides for maximum liability of replacement shingles (available by redeeming a certificate for shingles) prorated according to the total months of service (up to when the claim was filed) and the total remaining months of the term of the limited warranty.
Mr. [redacted]'s shingles were installed on October 5, 2007. His initial notification date to TAMKO was January 23, 2017 and is therefore outside the Full Start Period. His shingles were in service for 111 months, TAMKO offered to prorate the replacement shingles by 69% according to the formula in the limited warranty. The proration takes into account that the shingles performed for a portion of the warranty term and provides compensation for the remaining term of the limited warranty. Therefore, TAMKO extended an offer to settle to Mr. [redacted] consisting of i) a material certificate for 32 squares of Heritage shingles and ii) a $100.00 check as payment for the cost of sending shingle sample. This represents TAMKO's maximum liability under the limited warranty. See the attached settlement offer and limited warranty.
This offer is still available to Mr. [redacted]. The material certificate may be redeemed at his nearest TAMKO distributor until March 8, 2018 when the material certificate expires. Complete details on how to redeem the material certificate are stated on the face of the material certificate which was sent to Mr. [redacted] on March 8, 2017.
I hope this is helpful in explaining TAMKO's position with regard to TAMKO's limited warranty and Mr. [redacted]'s settlement offer.
Initial Consumer Rebuttal /* (3000, 14, 2017/03/29) */
see pdf
Final Business Response /* (4000, 16, 2017/03/30) */
I appreciate Mr. [redacted] stating that he understands TAMKO's limited warranty. TAMKO goes to great lengths to publish the limited warranty (on the wrapper of every shingle bundle, on the internet, on brochures, etc.) so customers who are comparing different shingle brands and their limited warranties can make an informed decision before making their shingle purchase. In the event of a future claim, the limited warranty states the coverage, limitations and exclusions that govern the claim. In an attempt to provide uniform and fair treatment to all of its customers, TAMKO abides by the terms and conditions of the applicable limited warranty as it administers each claim so no one customer is treated differently than another customer. I hope this explanation is helpful.
Initial Business Response /* (1000, 9, 2015/06/19) */
RE: Revdex.com Complaint ID No. XXXXXX
Ms. [redacted]
Dear Ms. [redacted]
I am writing in response to the Revdex.com complaint submitted by [redacted], Case No. XXXXXX. Ms.[redacted] complains that: (1) her roof became...
discolored due to algae growth; and (2) TAMKO ignored her requests for instructions on how to clean her shingles. Pleas allow me to address how TAMKO has responded to Ms. [redacted] and why Ms. [redacted]'s complaint is meritless.
TAMKO provides a 120-month limited algae warranty to purchasers of TAMKO shingles as part of the original sales transaction. This 120-month limited warranty to purchasers of TAMKO shingles as part of the original sales transaction. This 120-month limited warranty provides a remedy for discoloration as a result of algae staining. The limited warranty is printed on every package of TAMKO shingles so that homeowners (as well as retailers and contractors) have the opportunity to read and compare TAMKO's limited warranty to others as they consider which brand of shingles to buy.
Ms. [redacted] asserts that TAMKO denied her claim under the limited algae warranty, and then ignored her requests for information regarding the cleaning of alleged discoloration on her roofing shingles. This is a mischaracterization of the interactions between Ms. [redacted] and TAMKO.
First, Ms. [redacted]'s claim was properly denied because the limited algae warranty had expired. Although Ms. [redacted] alleges that algae growth discolored her roof within seven years, she did not make a claim under the limited warranty within 10-year (120 month) window. According to information provided by Ms. [redacted], the shingles were applied on October 28, 2004. Because more than 10 years passed before Ms. [redacted] made a claim under the limited algae warranty, her claim was properly denied.
Second, notwithstanding the denial of Ms. [redacted]'s claim, TAMKO has been responsive to Ms. [redacted]'s requests for information. A TAMKO Technical Services Manager wrote to Ms. [redacted] on December 17, 2014, offering her a technical bulletin regarding algae discoloration and cleaning recommendations for her shingles. Ms. [redacted] responded to the TAMKO employee as follows: "Dear 'CYA'*(Manager), You're a manager?? Wow. (The technical bulletin) is why you and your company can't be trusted, why there are so many lawsuits against you. AND you aren't doing anything for your personal Karma working there, either."
* CYA is an acronym meaning, "Cover Your [redacted]."
After receiving this inappropriate message, TAMKO ceased further correspondence with Ms. [redacted].
Ms. [redacted] then wrote to TAMKO again, stating that she was "filing a complaint with Revdex.com today due to your lack of concern and response. I simply wanted to know how to clean the shingles you manufacture. You send a very vague set of instructions then don't respond at all to my follow up. There are also government agencies I will be contacting. And I'm considering putting a huge sign on my roof that is black and green with the words THANKS TAMKO." The TAMKO Technical Services Manager responded to Ms. [redacted] with further instructions for cleaning discolored shingles, stating the "TAMKO recommends no more than a 50/50 solution of bleach and water" and that Ms. [redacted] should otherwise "follow the instructions in the previous document" sent by TAMKO. Finally, TAMKO's Technical Services Manager noted that Ms. [redacted]'s "last e-mail was inappropriate so I did not respond."
In short, Ms. [redacted]'s ten-year algae warranty expired before she contacted TAMKO and even though her correspondence included inappropriate statements, TAMKO has provided the information she requested.
Very truly yours,
TAMKO Building Products, Inc.
By: [redacted]
Associate General Counsel
Complaint: [redacted]
I am rejecting this response because: the company is not following the printed warranty. And Really, when a roof goes on your home, how many homeowners are 'standing by" to read the warranty. The roofer puts the shingles up on the roof and throws the wrappers in a dumpster for somewhat easy cleanup. TAMKO is not being REASONABLE!
Sincerely,
[redacted]
Initial Business Response /* (1000, 5, 2016/04/05) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X 2239
Contact Email: [redacted]@tamko.com
TAMKO cannot locate any record of Ms. [redacted] communicating with TAMKO prior to filing with the Revdex.com. I recommend Ms....
[redacted] contact TAMKO's warranty services department at XXX-XXX-XXXX pursuant to the terms of limited warranty.
Initial Consumer Rebuttal /* (3000, 7, 2016/04/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I agree the Revdex.com is my first effort. I will also e-mail customer service at Tamko and see how far I get.
Final Consumer Response /* (4200, 11, 2016/04/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
As I advised yesterday: I have e-mailed warranty service at Tamko with the complaint. I have not heard anything back from them. I need a response regarding the issue: what will they offer about the premature failure of their 30-year shingles? (not just a phone number - the warranty dept already has my emailed complaint). I prefer to keep all correspondence written for my records.
Final Business Response /* (4000, 9, 2016/04/07) */
Please call Warranty Services (toll free) at XXX-XXX-XXXX to ensure you are speaking to the right department. Thanks.
Initial Business Response /* (1000, 5, 2017/04/29) */
Contact Name and Title: [redacted], Attorney
Contact Phone: [redacted]
Contact Email: [redacted].com
TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that provides a...
remedy in case of manufacturing defects which directly cause leaks. This limited warranty and TAMKO's installation instructions are printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. Therefore, homeowners are able to make an informed decision as to what brand of shingles to purchase and are aware of the terms and conditions of the limited warranty.
Along with other manufacturers of many differing products, TAMKO has limitations on the transferability of the limited warranty. In part, TAMKO's limitation of the limited warranty is based on the fact that subsequent owners of a home and its shingles have the opportunity to inspect the home (and its component parts such as shingles), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the home's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roofing and take any issues into account as part of the negotiation of the price of the home. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. (TAMKO obviously is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were in fact made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the home based upon its structural condition and various other factors, including, but not limited to the condition of the roof.) Taking all these issues into account, TAMKO has chosen to provide a limited warranty that has limitations in its transferability to subsequent home owners. And that transferable condition is conspicuously printed on our package.
TAMKO does not sell a "fungus resistant shingle." Some of TAMKO's shingles include a limited cleaning provision in its limited warranty to clean off certain types of algae for the first 10 years of the limited warranty's term. However, TAMKO does not state or market that these shingles will actually resist the formation of fungus, algae or mold.
TAMKO tries to ensure fairness and uniformity in handling warranty claims and accordingly, TAMKO administers claims in accordance with the terms and conditions of the applicable limited warranty. Since Mr. [redacted] is not the original purchaser and the limited warranty was not properly transferred to him by the original purchaser, Mr. [redacted] does not have a remedy available to him under the terms of the limited warrant.
Although, TAMKO will not respond as Mr. [redacted] requested, I hope this is helpful in explaining TAMKO's position.
Initial Business Response /* (1000, 9, 2015/08/21) */
Contact Name and Title: [redacted] Attorney
Contact Phone: XXX-XXX-XXXX X 2239
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to its customer as part of the original sales transaction of TAMKO shingles that...
provides a remedy in case of manufacturing defects which directly causes leaks. This limited warranty and TAMKO's installation instructions are printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. By doing this, purchasers are able to make informed decisions regarding warranties when selecting shingles. We try to ensure fairness and uniformity in handling warranty claims and accordingly, TAMKO administers claims in accordance with the terms and conditions of the applicable limited warranty and requires the homeowner's cooperation to administer the claim.
Mr. [redacted] began the claims process but only sent two pieces of a shingles backing strip and failed to submit 2 WHOLE shingles from his roof as stated in the Warranty Claim Kit he received. Two whole shingles samples are required to determine i) if the shingles installed are TAMKO shingles and ii) if there is an apparent manufacturing defect causing leaks.
On April 7, 2015 and on July 30, 2015, TAMKO informed Mr. [redacted] over the telephone that 2 whole shingles taken from the affected portion of his roof were needed. When Mr. [redacted] objected to the cost of having a shingle removed, he was told that IF the shingles are found to be TAMKO shingles and have a manufacturing defect causing leaks, TAMKO will reimburse him up to $100.00 for the cost of removing and mailing in the shingle samples.
On July 30, 2015, TAMKO sent Mr. [redacted] a letter advising him that TAMKO needs him to send 2 whole shingle samples from the affected area of his roof to complete his claim. As of this writing, Mr. [redacted] still has not sent the required whole shingle samples.
If Mr. [redacted] wishes to complete his claim, he can mail in two whole shingles taken from the affected part of his roof and TAMKO will then administer his claim. TAMKO reserves all of its rights under the law and any applicable limited warranty.
Mr. [redacted] is free to contact me or Warranty Services if he has any questions.
Initial Consumer Rebuttal /* (3000, 11, 2015/08/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have no further comment at this time other than what I originally stated.
Final Business Response /* (4000, 13, 2015/08/26) */
TAMKO also has nothing further to state in this matter. Thank you.
Final Consumer Response /* (4200, 15, 2015/08/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I am disappointed at their unwillingness to negotiate on this and will not purchase their products again.
Initial Business Response /* (1000, 5, 2015/08/26) */
It is TAMKO's understanding that Mr. [redacted] has retained counsel regarding this matter so TAMKO will handle this matter with Mr. [redacted] through his attorney. Thank you.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/04) */
(The consumer...
indicated he/she DID NOT accept the response from the business.)
Tamko's attorney responded that they gave us the warranty certificates, even though the roof is not leaking. We believe they did this due to the class action suit against them due to the faulty shingles. The attorney stated that the certificates have a 12 month expiration to quickly remedy the problem. Yet we can not hire a roofer to fix the problem within the 12 months due to the local wind storm.
We still have shingles with manufacturing defects that are cracked and buckled.
We want Tamko to extend the warranty certificates for one more year so we can replace our roof. Roofers in our area are unavailable until spring, 2016.
Final Business Response /* (4000, 9, 2015/09/09) */
As stated earlier, Since Mr. [redacted] has retained counsel in this matter, TAMKO's counsel has taken up Mr. [redacted]'s claim with Mr. [redacted]'s attorney. Thank you.
Final Consumer Response /* (4200, 11, 2015/09/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Tamko denied our request to our attorney, stating that since the roof is not leaking, it is not a warranty issue. Again, why did they issue warranty certificates in the first place other than the shingles are faulty and they know it.
They need to honor the certificates and reissue them with dates in September, 2016.
Contact Name and Title: [redacted], Attorney
Contact Phone: [redacted]
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to purchasers of TAMKO shingles as part of the original sales transaction which provides a remedy to the purchaser in the event TAMKO shingles have a...
manufacturing defect directly resulting in leaks. The limited warranty is printed on every package of TAMKO shingles so homeowners (as well as retailers and contractors) have the opportunity to read and compare our limited warranty to others as they consider which brand of shingles to buy. Also, we try to ensure fairness and uniformity in handling all claims of manufacturing defects which result in leaks and provide a remedy according to the applicable limited warranty and TAMKO's established claim administration process.
During a phone conversation with a TAMKO Warranty Services Representative, on June 22, 2017, [redacted] indicated the shingles were installed on the property in 2010. [redacted] and [redacted] then purchased the home in 2012 from the original owner. Based upon this information the [redacted]'s provided it appears they are not the original purchaser of the shingles. Further, TAMKO does not have any record of a transfer taking place.
In part, the limitation of the transferability of the limited warranty is based on the fact that subsequent owners of a home have the opportunity to inspect the home, and its component parts (including the roof), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the home's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roof and take any issues into account as part of the negotiation of the price of the home. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. TAMKO is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were in fact made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the home based upon its structural condition and various other factors, including, but not limited to the condition of the roof. Taking all these issues into account, TAMKO made a decision to provide a limited warranty that includes a limited transferability period for subsequent home owners.
I do hope this response is helpful in assisting you in understanding TAMKO's position.
Initial Business Response /* (1000, 5, 2016/04/05) */
TAMKO has reached out to the consumer and will be speaking directly with the consumer.
Initial Consumer Rebuttal /* (2000, 7, 2016/04/15) */
(The consumer indicated he/she ACCEPTED the response from the business.)
They responded to my...
request and are doing what I asked them to do.
Initial Business Response /* (1000, 5, 2016/06/15) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX
Contact Email: [redacted]@tamko.com
I have reviewed Mr. [redacted]'s claim file and applicable limited warranty and found the claim has been properly administered under...
the terms and conditions of the limited warranty. TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that provides a remedy in case of manufacturing defects which directly cause leaks. This limited warranty is printed on every package of TAMKO shingles so homeowners (and/or their contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. Therefore, homeowners are able to make an informed decision as to what brand of shingles to purchase and are aware of the terms and conditions of the limited warranty prior to their purchase. The limited warranty on the wrapper at the time of Mr. [redacted]'s shingle purchase is the limited warranty applicable to his shingles.
Mr. [redacted]'s limited warranty has a 5-year Full Start Period from the date of installation wherein TAMKO provides replacement shingles and the reasonable cost of labor to install them (excluding tear-off, removal and disposal of old shingles). At the end of the Full Start Period, TAMKO's maximum liability under a claim is replacement shingles prorated according to the total months of service (up to when the claim was filed) and the total remaining months of the term of the limited warranty.
Mr. [redacted]'s shingles were installed on July 4, 2004. His initial claim to TAMKO was April 8, 2016. Since his original claim fell outside the Full Start Period, TAMKO's offered a material certificate for 18 Squares of Heritage replacement shingles (prorated by 60% from the 30 Squares of the affected shingles). Proration takes into account that the shingles performed for a portion of the limited warranty term and provides some compensation for the remaining term of the limited warranty to the homeowner.
TAMKO attempts to treat all of its customers fairly and consistently by adhering to the terms of the applicable limited warranty when settling claims. Mr. [redacted]'s desired resolution of 70% of the cost of materials and labor is excessive and falls outside the remedy available under the limited warranty.
Although TAMKO will not respond in the manner Mr. [redacted] requested, I hope this does assist him in understanding TAMKO's position.
Thanks.
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2016/06/15) */
(The consumer indicated he/she DID NOT accept the response from the business.)
While Tamko is right in that my claim "fell outside the Full Start Period" the severe loss of granules from 80% of my shingles did not. Again Tamko fails to acknowledge that the loss of granules was a long term manifestation of a defect that existed at the time of manufacture. The statement that "the shingles performed for a portion of the limited warranty period" ignores the fact that during this period the loss of granules was so complete that some shingles only had the fiberglass Matt left at the time of my complaint.
It could not and did not, according to a professional roofer, occur even close to the date of warranty complaint.
In my opinion Tamko is using the date of the complaint as a starting date of the defect. Despite of how convenient this settlement is for the company both from a monitary and customer sevice standpoint, it does not represent the actually scenario of the shingle failure.
Final Consumer Response /* (4200, 16, 2016/06/27) */
(The consumer indicated he/she DID NOT accept the response from the business.)
While I agree with Tamko's statement that I "did not notify Tamko until April 2016" and that I did state the problem "started in 2005" it does not negate the fact that the shingle were defective at or shortly after installation. As I stated before the longstanding issue of the shingle defect was documented by a professional roofer prior to my filing a warranty claim at his suggestion.
Because at age 71 I did not inspect my roof (a 12:12 pitch in places) nor did I consider the comulative effects of finding a handful of granules after each rain in my downspout a cause for alarm again does not negate the defective shingles.
All I am asking Tamko to do take these facts into consideration as they seek "long-standing customer relations" and "enduring relationships with customers" "Tamko literature"
I do take issue with the statement that Tamko's settlement offer "is going above and beyond the remedy as contained in the limited warranty". Their own warranty claim settlement worksheet describes the "prorated coverage provided" as " compensation for the remaining term of the limited warranty".
Surely Tamko, in the interest of "enduring relationships with customers" and based on the defective nature of these original shingles can provide compensation that lies between what the warranty settlement legally provides and what a retired senior citizen on a fixed income will have to pay out of pocket to settle this issue?
Final Business Response /* (4000, 14, 2016/06/27) */
According to the limited warranty, the homeowner is required to notify TAMKO within 30 days from the discovery of the alleged problem with the shingles so TAMKO may conduct a thorough investigation. Mr. [redacted] stated in his original statement to the Revdex.com (and in June 15, 2016 reply to the Revdex.com and in his questionnaire to TAMKO) that this problem started at the construction of his house in 2005. Yet, Mr. [redacted] did not notify TAMKO until April 2016. Further, please note that the limited warranty states no action can be brought against TAMKO under the limited warranty after one (1) year from the date of the discovery of the alleged problem or 2005.
Therefore, TAMKO's good will settlement offer of i) $100.00 reimbursement and ii) a material certificate for 18 Squares of Heritage Shingles is going above and beyond the remedy as contained in the limited warranty. Mr. [redacted] may still redeem the material certificate until it expires on May 26, 2017.
This response, nor any previous communication from TAMKO, is not intended not shall it be construed as a modification, waiver or limitation of the limited warranty which remains in full force and effect. TAMKO reserves all it rights under the limited warranty and the law. Please feel free to contact me with any questions.
Initial Business Response /* (1000, 5, 2016/09/15) */
Contact Name and Title: [redacted], Attorney
Contact Phone: XXX-XXX-XXXX X [redacted]
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that...
provides a remedy in case of manufacturing defects which directly cause leaks. This limited warranty and TAMKO's installation instructions are printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty as they consider which brand of shingles to buy. Therefore, homeowners are able to make an informed decision as to what brand of shingles to purchase and are aware of the terms and conditions of the limited warranty.
TAMKO settles claims according to the limited warranty which expressly excludes damage to the interior of the structure.
I hope this is helpful explaining TAMKO's position on this matter.
Initial Consumer Rebuttal /* (3000, 7, 2016/09/24) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I really do not believe Tamko can sale defective shingles and materials to consumers that causes damages to the roof and the interior structure of my home and not be liable for the damages.I will not stop until Tamko do the right thing and repair my ceilings. I will contact my local new channels here and have them come to my home and show how Tamko want to leave my ceilings. I wish you will just do the right thing.
Final Business Response /* (4000, 9, 2016/09/30) */
TAMKO administers limited warranty claims in accordance with the applicable limited warranty associated with the original purchase in an effort to treat all of its claimants uniformly and fairly. If you review the limited warranty, I believe you will find your claim was administered according to the terms of your limited warranty which excludes coverage for interior damage.
Please be advised that TAMKO's offer of settlement is a good faith offer to settle a disputed claim and if the claim dose not settle, TAMKO reserves all of its rights under the limited warranty and the law. Please contact me if you have any questions.
Final Consumer Response /* (4200, 11, 2016/10/10) */
(The consumer indicated he/she DID NOT accept the response from the business.)
looks like nothing else I can do, thanks Tamko for agreeing to repair my roofing, too bad I have to try and fix my ceiling. I'm on fixed income and really can not afford to.
Initial Business Response /* (1000, 5, 2016/02/02) */
Contact Name and Title: Dave Richins, Attorney
Contact Phone: 417-624-6644
Contact Email: [redacted]tamko.com
TAMKO's limited warranty provides remedies to the original consumer purchaser in the event the TAMKO shingles have a...
manufacturing defect directly resulting in leaks. The TAMKO limited warranty is printed on every bundle and is, therefore, available to consumers, like Mr. [redacted], to review as part of their purchase decision. Consumers have the opportunity to review the limited warranty terms as they decide what product to purchase.
By purchasing TAMKO shingles, the consumer rightfully expects TAMKO to honor the terms and conditions of the limited warranty which they selected along with TAMKO shingles. In this matter, TAMKO did just that. Mr. Seute's claim of granule loss was properly administered by Ms. Holland in accordance with the terms and conditions of the limited warranty which remains in full force and effect. Therefore, if Mr. [redacted] roof develops leaks which he believes is due to a manufacturing defect, he should contact TAMKO again pursuant to the Notification section of the limited warranty and the new claim will be administered by TAMKO.
I hope this and TAMKO's previous correspondence to Mr. [redacted] is helpful in explaining TAMKO's position.
Initial Consumer Rebuttal /* (3000, 7, 2016/02/04) */
(The consumer indicated he/she DID NOT accept the response from the business.)
The selling of a defective product, in my view, is unacceptable. My roof is defective and tamko should stand behind it.
Final Business Response /* (4000, 9, 2016/02/05) */
The minor loss of the extra granules used in the manufacturing process of asphalt shingles is not a manufacturing defect. Your shingle samples which you submitted indicate sufficient granule coverage to protect the asphalt. The limited warranty associated with your purchase continues to be in full force and effect.
Final Consumer Response /* (4200, 11, 2016/02/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I see no point in going back and forth in this. This accomplishes nothing. I will not respond again. Mark this case unresolved and leave it at that.
Initial Business Response /* (1000, 5, 2016/09/15) */
Contact Name and Title: [redacted], Attorney
Contact Phone: [redacted] X [redacted]
Contact Email: [redacted]@tamko.com
According to information provided by Mr. [redacted], the shingles were purchased and installed in 2006 by a previous homeowner. ...
Mr. [redacted] purchased the house from a bank that foreclosed on the previous home owner on April 1, 2008; therefore, he is not the first consumer purchaser or owner of the TAMKO shingles.
As indicated to Mr. [redacted] in TAMKO's September 6, 2016 letter - TAMKO's limited warranty states that it shall accrue and inure only to the benefit of the first consumer purchaser or owner of the TAMKO shingles and shall not be assigned, sold or transferred in any manner whatsoever. Any such assignment, sale or transfer of the warranty or the house to which the TAMKO shingles are applied terminates TAMKO's obligations under the limited warranty. In part, TAMKO's limitation of the limited warranty solely to the benefit of the first consumer purchaser is based on the fact that subsequent owners of a home and its shingles have the opportunity to inspect the home (and its component parts such as shingles), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the home's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roofing and take any issues into account as part of the negotiation of the price of the home. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. (TAMKO obviously is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were in fact made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the home based upon its structural condition and various other factors, including, but not limited to the condition of the roof.) Taking all these issues into account, TAMKO has chosen to provide a limited warranty that is non-transferable to subsequent home owners. And that non-transferable condition is conspicuously printed on our package.
I hope this is helpful explaining TAMKO's position.
Initial Business Response /* (1000, 5, 2015/09/28) */
Contact Name and Title: Dave [redacted] Attorney
Contact Phone: XXX-XXX-XXXX X [redacted]
Contact Email: [redacted]@tamko.com
TAMKO provides a limited warranty to its customers as part of the original sales transaction of TAMKO shingles that...
provides a remedy in case of manufacturing defects which directly cause leaks. This limited warranty is printed on every package of TAMKO shingles so homeowners (and contractors) can read the language of the limited warranty so they are aware of its terms and conditions prior to making their purchase.
In 2008 (the time the shingles at issue were purchased by the original homeowner), the applicable limited warranty allowed one transfer to a subsequent purchaser of the house within the first 2 years of the purchase of the house. Mr. [redacted] stated that he purchased the house in 2013; therefore, he was not the first consumer purchaser of the TAMKO shingles and Mr. [redacted]'s purchase of the house fell well outside the 2-year transferability period. The limited warranty further states that any assignment, sale or transfer of the limited warranty or the house, in a manner not consistent with the limited warranty, terminates TAMKO's obligations under the limited warranty.
In part, the limitation of the transferability of the limited warranty is based on the fact that subsequent owners of a house have the opportunity to inspect the house (and its component parts such as shingles), negotiate the purchase price, and make subjective adjustments to the price prior to consummation of the sale based upon the house's structural condition, market conditions, and various other factors. Specifically, a subsequent owner has the opportunity to inspect the roof and take any issues into account as part of the negotiation of the price of the house. It is part of the due diligence process in the purchase of a house that requires the purchaser to assume that responsibility and risk. (TAMKO obviously is not a party to such negotiations, does not know whether any adjustments to the purchase price should have been made or were, in fact, made due to the condition of the roof, and cannot determine if the subsequent homeowner negotiated a fair and reasonable purchase price for the house based upon its structural condition and various other factors, including, but not limited to the condition of the roof.) Taking all these issues into account, TAMKO has chosen to provide a limited warranty that is limited in its transferability to subsequent purchases and that limitation of transferability is conspicuously printed on every shingle bundle.
Although, TAMKO did not respond as Mr. [redacted] wished, I hope this explanation helps him understand TAMKO's position.
Initial Consumer Rebuttal /* (3000, 7, 2015/09/30) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I feel that if they really felt their product was made to withstand a 30 Year warranty with a failure within the first 10 years would justify at least looking at the product and if the product failed, to at least work with the home owner to resolve the problem.
Final Business Response /* (4000, 9, 2015/10/02) */
The 30-year limited warranty provides a remedy to the original consumer for 30-years in the event of a manufacturing defect directly causing a leak. Shingles begin to age as soon as they are exposed to nature. Buildings experience aging factors differently, so it is difficult to predict how long shingles will last. That's why TAMKO provides a limited warranty.
In an attempt to achieve fairness and uniformity in handling limited warranty claims, TAMKO strives to administer all such claims in accordance with the terms and conditions of the applicable limited warranty (including the limitation on transferability provision) so all claimants are treated fairly and equally. Creating an exception for Mr. [redacted] would not be fair to others who, after the applicable transferability period has expired, have purchased/will purchase buildings previously installed with TAMKO shingles.
I hope this helps Mr. [redacted] understand TAMKO's position in this matter.
Final Consumer Response /* (4200, 11, 2015/10/06) */
(The consumer indicated he/she DID NOT accept the response from the business.)
This just shows that Tamko, does not really back there product or care about there customers!