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HomeMy WebLinkAboutLETTER REPORTO Ln Total Issue D Mr. Scc Clopay 8585 D Mason, Subject Code Dear M This lets FL 15A hrtek Assured. October 4, 2017 Hamilton, P.E. ilding Products Company e boulevard H 45040 RECEIVED AUG 8 i ova ST. Lucie County, Permitting Intertek Testing Services NA, Inc. Tel +1-608-836-4400 841 Murphy Drive Fax +1-608-831-9279 Middleton, WI 52562 www.intertek.com Letter Report No: 10324267MID-001a Email: shamilton@clopay.com Intertek Listings that support FL 15279 for compliance with the Sixth Edition of the Florida Building 17) Hamilton, r represents the results of Intertek's review of the Intertek Listings that currently support Clopay product approval. Intert k affirms that the Intertek Listed products included in Florida Product Approval FL 15279 maintains comp tance with the Sixth Edition of the Florida Building Code (2017). Intertbk has verified that the referenced certification documents are currently under surveillance services with Inter Lk for the Florida Building Code. Attached is the current Certification Agreement between Intertek and CIOPJ� Building Products. This agreement also may be referenced as a CIA contract that bears no expiration date �,Ind as such does not expire except upon it's termination and is valid indefinitely. Sincerely, K TESTING SERVICES NA, INC. Reported by: John Schachtner Ij Project Engineer- Evaluation Services Reviewed by: X-X�- Kai Kooner, P.Eng. Director— Evaluation Services F1 ILF 0% P 1= 60W (a (ar� ETA Intertek Intertek Intertek report is for the exclusive use of Intertek's Client and is provided pursuant to the agreement between Intertek and its Client. Intertek's responsibility and liability imited to the terms and conditions of the agreement. Intertek assumes no liability to any party, other than to the Client in accordance with the agreement, for any expense or damage occasioned by the use of this report. Only the Client is authorized to permit copying or distribution of this report and then only in its entirety. use of the Intertek name or one of its marks for the sale or advertisement of the tested material, product or service must first be approved in writing by Intertek. (t7n) observations and test results in this report are relevant only the sample tested. This report by itself does not imply that the material, product or service is or has been under an Intertek certification program. ,sion: 02 August 2017 Page 1 of 1 SFT-BC-OP-19b 8431 Murphy Drive Middleton, WI 53562 Telephone: +1 608 836 4400 Facsimile: +1 608 831 9279 www.intertek.com MANUFACTURER'S CERTIFICATION AGREEMENT THIS AGREEMENT made the 12th day of February, 2010, by and between INTERTEK SERVICES NA INC. having offices at 8431 Murphy Drive, Middleton, WI USA ("Intertek") and (Manufacturer Company Name) Company Address including Country) RECITALS having offices at Intertek provides a service for evaluating whether products provided by the Manufacturer comply with designated standards or specified requirements. Subject to the terms of this Certification Agreement, Products found to be in compliance by Intertek may be eligible for inclusion on a list maintained by Intertek for Products to display a Certification Mark owned by Intertek. Another party (the "Client") desires to submit or has submitted to Intertek certain devices, equipment, materials, or systems manufactured by the Manufacturer for the Client for evaluation in order that the product may be considered for Listing and Labeling by Intertek. If the submitted product is found to be eligible for Listing, Labeling, and Follow-up Service, this Certification Agreement shall be executed by Intertek and the Manufacturer setting forth the terms and conditions to which the parties hereto must adhere. NOW THEREFORE, for and in consideration of the mutual covenants herein expressed and other lawful and valuable consideration, the parties hereto agree as follows: 1. DEFINITIONS 1.1 Authorization to Mark. The term Authorization to Mark ("ATM") shall mean a written document from Intertek that authorizes the Client and/or Client's Manufacturer to apply an Intertek certification mark to a specific product. 1.2 Certification Mark. The term Certification Mark ("Mark") shall refer to any common law or registered trademark owned by Intertek, or its affiliates, used in the certification of Product. 1.3 Follow-up Service. The term Follow-up Service shall refer to the process of monitoring the Manufacturer's compliance with the Intertek Requirements. 1A Intertek Requirements. The term Intertek Requirements shall mean (a) the requirements contained in the Listing Report, (b) the standard(s), if any, applicable to the Product, (c) the terms of this Certification Agreement, and (d) any requirements separately applied as a condition of the Listing. 1.5 Labeling. The term Labeling shall refer to the process of applying the Mark to the Product, whether the Mark is applied to the Product by a separable label, directly on the product, or by other media as authorized by Intertek. 1.6 Listing. The term Listing shall mean the process of preparing and including the Product in the published directory of Intertek certified products. Intor. y WTS/mm 11/09/09 SD 16.3.4e (1119109) Mandditytek Intes tek Intertek Intertek Intertek Intertek 1.7 Listing Report. The term Listing Report shall mean the document prepared by Intertek, ;o known as Factory Audit Manual (FAM), which identifies the Client, the Manufacturer and the Product, d specifies Intertek Requirements for the Product, including the type and form of Mark which must be ed on or in connection with the Product and related information. 1.8 Product. The term Product ("Product") shall mean a Client's device, equipment, material, system manufactured by the Manufacturer, that has been submitted for testing or evaluation, found to be compliance with Intertek Requirements and approved for Listing. CERTIFICATION 2.1 Work Authorization E cegt to ,J a 9Aent Intertek shall reasonably deem necessary in 1 2.2 Testing and Evaluation. Intertek Is an independent laboratory providing testing and evaluation services to determine whether representative samples of a Product comply with designated national and international standards, specifications, and/or codes. Intertek does not publish standards, specifications, and/or codes, and, therefore, does not warrant to the Client or.the Manufacturer that the standard used for the evaluation is adequate. The Client and the Manufacturer understand and agree that Intertek has only tested or evaluated the submitted Product samples and does not guarantee or warrant the quality or compliance of all units of the Product manufactured or produced by the Manufacturer. The Manufacturer further acknowledges that as an independent laboratory, Intertek assumes no responsibility for the production of the Product. 2.3 Client Obligations. The Manufacturer understands its obligations pursuant to this Certification -Agreement in or -der to maintain eligibility for Listing, and warrants that it shall comply with the following provisions: (a) The Manufacturer agrees that if the Client or Manufacturer: wishes to modify or change the Product such that the Product no longer meets the requirements of the Listing Report for the Product, the Client or Manufacturer must first either obtain the approval of Intertek or discontinue use of the Mark. The product may no longer be eligible for Listing if it has been modified or changed by the Client or Manufacturer after Intertek's testing or evaluation. (b) Upon request, the Manufacturer agrees that it shall retain or make available a sample of the certified product from the most current production. (c) The Manufacturer agrees to notify Intertek in writing of any reports that it receives of serious personal injury or property damage involving the Product. (d) The Manufacturer shall notify Intertek of any labeled Product which has left the control of the Manufacturer that does not comply with Intertek Requirements. (e) The Manufacturer warrants that a quality control program is, or will be, established and maintained to ensure Product compliance with the Intertek Requirements. 2A Reservation of Rights. Intertek reserves the right, upon reasonable written notice to the Client, to re-evaluate the Product at the Client's expense. This reevaluation may be the result of Follow-up Service, a revision of'the applicable standard, new information regarding the characteristics of the material used in the Product, or other information that raises a question concerning the conformance of the Product to Intertek Requirements. . 2.5 Revision or Withdrawal of the Intertek Requirements. Intertek reserves the right, upon reasonable notice to the Client, to revise or withdraw the Intertek Requirements. If the Intertek Requirements are revised, the Client and the Manufacturer shall be entitled to continue Listing and Labeling of the Product upon a demonstration to the satisfaction of Intertek that the Product complies with the revised Intertek Requirements. If the Intertek Requirements are withdrawn, the Client's and the Manufacturer's right to the Listing and Labeling of the Product shall terminate pursuant to the terms of WTS/mm 11/09/09 Page 2 of 5 SD 16.3.4e (IV=9) Mandatory 6 of this Certification Agreement. In the case of a revision or withdrawal of Intertek Requirements, c shall provide a notice specifying a date by which the Product* must meet the revised Intertek aments or for such termination. . LISTING AND LABELING 3.1 Ownership of the Mark. Ownership of the Mark and all trademark rights in the Mark emain in Intertek, even if it is used on the Product. The Mark shall only be applied to a Product that omplies with the Intertek Requirements and such Mark shall be applied as specified in.the Listing Report. The Mark may be applied only to those models and brands that are specifically named in the Listing Report at the factory receiving active Follow-up Service and as noted on the Authorization to Mark. Except as provided herein and as indicated in Article 3.2, any other use of the Mark, or the Intertek name, on the Product is expressly prohibited. 3.2 Follow-up Service. As a part of the Listing and Labeling of the Product, the Manufacturer shall cooperate with the Intertek representatives who conduct Follow-up Service. Follow-up Service may include factory audits at any time during business hours and such Intertek representatives shall have free, unannounced, and immediate access to the Manufacturer's premises wherein the Product, or components thereof, may be fabricated, processed, finished, stored, or located. Intertek. representatives shall comply with factory policies as required while on premises. Follow-up Service is intended to allow Intertek to monitor the'Manufacturer's compliance with maintaining continuing conformity of the Product to the Intertek Requirements, and to control the use of Intertek's Marks. The factory audits are not intended to satisfy or otherwise replace Manufacturer's responsibility to maintain its quality control program and to ensure that the Product remains in the compliance with the Intertek Requirements. Follow-up Service may also include Manufacturer questionnaire's, and/or the Manufacturer's warranty of conformity. Intertek has the right to perform -a final factory inspection to record final production status and to recover all unused Intertek Certification Marks upon notification of termination of the Authorization to Mark. Fees for a final inspection will be billed in accordance with Article 7.3 of this Certification Agreement. 4. INDEMNIFICATION AND LIABILITY. 4.1 Indemnification. The Manufacturer agrees to hold Intertek harmless and to defend and Indemnify Intertek against any liability, loss, or damage from claims, demands, costs (including legal fees), or judgments arising out of any negligent or intentional acts of the Manufacturer relating to the Product or arising from the use of the Mark. 4.2 Liability. Intertek will not, under any circumstances, be liable to the Manufacturer for any indirect, special, punitive, or consequential damages, or any third party claims which may arise as a result of the services provided in this Certification Agreement. 5. FAILURE TO COMPLY WITH INTERTEK REQUIREMENTS 6.1 Remedial Action. In the event that Intertek detects any deviation or variance in the Product from Intertek Requirements, or improper or unauthorized use of the Mark or Intertek name, upon written notice to the Client Intertek reserves the right, in its sole discretion, to take such action as it deems necessary, including but not limited to: (a) Requiring the Client, at its own expense, to undertake corrective action to ensure that the Product complies with Intertek requirements; (b) Suspension or revocation of the Listing and the right to label the Product; (c) Withdrawal of the supply of labels and removal of the Mark from non -conforming products; (d) Removal of the Product from the Intertek Directory of Listed Products; le) Termination of this Certification Agreement pursuant to Article 6; WTS/mm 11/09/09 Page 3 of 6 SD 16,3.4e (11/9/09) Mandatory (f) Notification of regulatory authorities and the public; (g) Compliance with any applicable statutes, rules, or regulations. 11 6.2 injunctive Relief. The Manufacturer acknowledges that the manufacture, sale, delivery, ipment, distribution, or promotion of the Product utilizing a Mark would mislead or endanger the public if uch Product is not eligible to use the Mark or does not comply with the Intertek Requirements. The anufacturer further acknowledges that a breach of this Certification Agreement can not be adequately ompensated by money damages. The Manufacturer agrees that in the event of a breach of the ertification Agreement, Intertek shall have the right to obtain a temporary restraining order without prior otice to the Manufacturer, together with an action for a preliminary and permanent injunction, and such ther and further relief as may be provided by law. Said injunction shall prohibit the Manufacturer from urther use of the Mark and shall require the Manufacturer to comply with the provisions in Article 6.3 of this edification Agreement. 6.3 Suspension. Upon a ClieM's or a Manufacturer's failure to comply with any of the equirements of this Certification Agreement or Listing Report, Intertek may issue a letter of suspension hich shall notify the Client of the nature of the failure and the period of suspension of the Client's right of Labeling. In the event that the Client falls to take corrective action to resolve the cause of suspension, this Certification Agreement shall be terminated pursuant to Article 6. 5.4 Public Notice. In the event that Intertek has confirmed evidence that the Product in the marketplace has a significant non -conformity, Intertek will contact the Client and act in support.of remedial steps taken by the Client to address the non -conformity, Including, if necessary, public notification and/or a product recall undertaken by the Client. In the event that the Client does not take action to address a significant non -conformity related to the Product, Intertek reserves the right to contact appropriate government agencies, other parties in the supply chain and/or issue public notifications advising of the non- conformity pursuant to Article 5.1(f) above. 6. TERMINATION OF THE AGREEMENT 6.1 Termination By (Either Party. Either .party may, for any reason, terminate this Certification Agreement, as to any Product, upon not less than sixty (60) days written notice to the other parry. Such notice shall designate a termination date and the notice period shall be deemed to commence upon. the date of mailing of the notice to the other party by registered or certified mail, return receipt requested or by courier with confirmed delivery. 6.2 'Intertek Right To Terminate. Intertek may terminate this Certification Agreement, as to any Product, without prejudice to any other rights or remedies that Intertek may have, upon either of the following: (a) Immediately upon written notice, if Intertek determines that the Product fails to comply with the Intertek Requirements or the Client is in default pursuant -to Article 7.3; (b) Thirty (30) days after the Client receives written notice in the event of (i) the filing of a voluntary or involuntary petition in bankruptcy; (11) the making of any arrangement or composition with creditors by the Client; (III) the appointment of a receiver for the Client; or (iv) the voluntary or involuntary liquidation of the business of the Client. 6.3 Obligations Upon Termination. Upon termination of this Certification Agreement, the Client and the Manufacturer shall; (a) Discontinue the use of the Mark on the Product or Client's promotional material or advertising. (b) Promptly return to Intertek all Marks, Labeling material, and the Listing Report, and warrant in writing the date of last use of the Mark. VVTS/mm 11/09/09 \ Page 4 of 5 $a 16.3.4e (9i/9/09) Mandatory (c) Continue to honor the terms of Article 4 of this Certification Agreement concerning indemnification and liability, which terms shall survive the termination of this Certification Agreement. (d) Pay any remaining outstanding charges owing to Intertek. 7. ADMINISTRATIVE PROYISIONS 7.1 Confidentiality. Without written authorization from the Manufacturer, Intertek will not voluntarily disclose to third parties confidential and proprietary information which the Manufacturer provides to Intertek. 'This obligation shall not apply to informatlon which Is already available to the public, or acquired from other sources without confidentiality restrictions, or Is required to be disclosed by Intertek to Regulatory Authorities responsible for the acceptance of the Product. Intertek agrees that this obligation to maintain confidentiality shall survive the termination of this Certification Agreement. 7.2 Subpoena. If Intertek is served with a Subpoena, Court Order, or similar document requesting the disclosure of confidential or proprietary information supplied to Intertek by the Manufacturer, Intertek shall promptly notify the Manufacturer. in the event that the Manufacturer chooses to contest the request, Intertek shall cooperate with the Manufacturer. The responsibility for contesting the request shall rest solely with the Manufacturer. If the Manufacturer declines to contest the request or is not successful in contesting the request, Intertek will provide the requested information. Any costs incurred by Intertek in responding to the request, including reasonable attorney's fees, shall be reimbursed by the Manufacturer Immediately upon invoicing by Intertek. 7.3 Fees. Certification fees for maintaining the Listing, conducting the Follow-up Service, and licensing of the Certification Mark will be prepaid or billed to the Client or a designated payor. Payment shall be due upon presentation of invoices and the Client shall be considered in default if the charges are not paid within thirty (30) days. Certification fees are non-refundable. 7.4 • No Assignment. The rights running to the Manufacturer under this Certification Agreement may not be assigned to or acquired by any other person or corporation without Intertek's written authorization. 7.5 Term. This Certification Agreement shall continue in effect for a period of one year from the date first above written and shall automatically be renewed thereafter for periods of one year, unless the termination rights provided for in this Certification Agreement are exercised. 7.6 Jurisdiction. This Certification Agreement shall be interpreted in accordance with and governed by the laws of the jurisdiction within which the Intertek office stated in the opening paragraph is located. Intertek Test' g rvlces NA Inc. By: (Signature o Intertek Individual) By: Bob Davison Title: Director of WHI Certification Accepted By: Clopay Building Products Company. Inc. (M u ct er C pany Name) By: c (Proprietor, Partner olutl4rized Officer - Signature) By: R. zetsT (Name of Authorized Individual -Printed) Title: V P FNV I I-91011vi ' Date Signed: %(,41 10 Z111- o�1.� Date Signed: Z / Z /P WrS/mm 11/09/09 Page 5 of 5 SD 16.3.4e (1119/09) Mandatory prepared This repor Intertek's r other than the Client of its mark product, Scott Hamilton (Clopay Building Products Co., Inc. (CBPC)) on 3/7/2012 2:41:08 PM +, :9ttEt? ffiY. LISTING INFORMATION OF Clopay WINDCODE® W6 Sectional Doors SPEC ID: 27355 Clopay Building Products Co., Inc. (CBPC) 8585 Duke Blvd. Mason, OH 45040 s for the exclusive use of Intertek's Client and is provided pursuant to the agreement between Intertek and its Client. is and liability are limited to the terms and conditions of the agreement. Intertek assumes no liability to any party, o the Client in accordance with the agreement, for any loss, expense or damage occasioned by the use of this report. Only authorized to permit copying or distribution of this report and then only in its entirety. Any use of the Intertek name or one for the sale or advertisement of the tested material, product or service must first be approved in writing by Intertek. The s and test results in this report are relevant only to the sample tested. This report by itself does not imply that the material, service is or has ever been under an Intertek certification program. Clopay Buildi�g Products Co., Inc. (CBPC)1 27355 1 Rev: Mar 7 2012 1:53PM I Uncontrolled Copy Page I of 4 -port prepared or: Scott Hamilton (Clopay Building Products Co., Inc. (CBPC)) on 3/7/2012 2:41:08 PM L IRECT mvnE SYJ WIND LO D RESISTANT DOORS Clopay W DCODE® W6 Sectional Doors Clopay INDCODE®W6 Sectio I Doors Impact Max. Design Design Rating Width Pressure Pos. jPressure Neg. Single ar Double Skin EPS C N/A 9' - 0" +37 PSF � -37 PSF Single ar Double Skin EPS 73 Yes 9' - 0" +37 PSF -40 PSF Single Oar Double Skin EPS No 9' - 0" +37 PSF -40 PSF Single ar Double Skin EPS Yes �-T +38 PSF -42 PSF Gallery rtistry/ Expressions - 1-1�:- Single 9ar Double Skin EPS Gallery/ rtistry/ Expressions No +38 PSF -42 PSF Single a1 ar Double Skin EPS with Yes 9' - 0" +38 PSF -42 PSF Overlay Single 11 ar Double Skin EPS with Overlay' .-----... __......_--- - --. _._ No - --- 9' - 0" _... +38 PSF -42 PSF _ Single ill ar Double Skin PUR 79 N/A 9' - 0" +37 PSF . _ -37 PSF Single Ni ar Double Skin PUR 80 Yes 9' - 0" +37 PSF -40 PSF Single ar Double Skin PUR 8 EK0" +37 PSF -40 PSF ESingle ar Double Skin PUR with Yes- 9' - 0" +38 PSF -42 PSF 82 Single i ar Double Skin PUR with Overla 83 No 9' - 0" +38 PSF -42 PSF F PSinge ar Steel Pan 84 Yes 9' - 0" +38 PSF -42 PSF Steel Pan 85 No Yes 9' - 0+38 PSF +37 PSF -42 PSF -37 PSF Single ' ar Steel Pan 86 Galler�i; Artistry/ Expressions Single -Car Steel Pan 87 Galley Artistry/ Expressions No 9' - 0" +37 PSF -37 PSF ,i Single,ar Steel Pan with Overlay No 9' - 0" +37 PSF -37 PSF Single ar Steel Pan with Overlay Yes PSF 7� -37 PSF Single,; ar Custom Wood N/A 9' - 0" +39 PSF -45 PSF Double C ir_Double Skin EPS No 6' 2" 1 +37 PSF-40 PSF Doubl Car Double Skin EPS !f —,11-__� Yes 16' 2" +37 PSF r -40 PSF I _._ Clopay Buil ing Products Co., Inc. (CBPC)127355 , Rev: Mar 7 2112 1:13PM I Uncontrolled Copy Page 2 of 4 -port prepared for: Scott Hamilton (Clopay Building Products Co., Inc. (CBPC)) on 3/7/2012 2:41:08 PM dJAGT l,�tyy I Double ar Double Skin EPS I Yes 16' 2" +37 PSF -40 PSF Gallery/ rtistry/ Expressions Double Or Double Skin EPS Gallery/ No 16' 2" +37 PSF -40 PSF 'rtistry/ Expressions 96 Double Overlay ar Double Skin EPS with Yes 16' 2" +37 PSF -40 PSF Double a r Double Skin PUR (98) ' ---------------- Yes -- 16' 2" ------ +37 PSF ------ -40 PSF Double 0i ar Double Skin PUR (99) No 16' 2" +37 PSF -40 PSF Double �l ar Double Skin PUR with Overlay ,100) Yes 16' 2" +37 PSF -40 PSF Double Oar Steel Pan (101) Yes 16' 2" +37 PSF__7F7741 PSF Double I � ar Steel Pan 102 No 16' 2" +37 PSF -41 PSF Double _.. __....._._._—._ 11 ar Steel Pan (103) -. _ Yes 16' 2" .... . .... . ..... . - - +37 PSF _.._...... .................. _ ... - -41 PSF Double p�jrtistry/ Gallery/ ar Steel Pan (104) Expressions Yes 16' 2" +37 PSF -41 PSF Double Dar Steel Pan (105) Gallery/Artistry/ Expressions No 16' 2" +37 PSF -41 PSF Double - ar Steel Pan (108) with Overlay No 16' 2" +37 PSF -37 PSF Double ar Steel Pan (109) with Overlay' Yes +37 PSF �F -37 PSF Double ar 18' 2" Double Skin EPS (110) � Yes 18' 2" +37 PSF -37 PSF Double 18' 2" Double Skin EPS „tar (111) No 18' 2" +37 PSF -37 PSF Double ar 18' 2" Double Skin EPS Yes 18' 2" +37 PSF -37 PSF Gallery/� rtistry/ Expressions Double I�„ with Ov rlay ar 18' 2" Double Skin EPS Yes [1E2- +37 PSF -37 PSF Double (114) bar 18' 2" Double Skin PUR Yes 18' 2" +37 PSF _ -37 PSF Double �lar 18' 2" Double Skin PUR No 18' 2" +37 PSF -37 PSF (115) Double ar 18' 2" Double Skin PUR with Ov rlay (116) Yes 181211 +37 PSF -37 PSF Double loar 18' 2" Steel Pan Yes 18' 2" +37 PSF -39 PSF Double Oar 18' 2" Steel Pan No 18' 2" +37 PSF -39 PSF Double Car 18' 2" Steel Pan (119) Yes 18' 2" +37 PSF -37 PSF opay Buildir Products Co. Inc. (CBPC) 127355 1 Rev: Mar 7 2012 1:53PM I Uncontrolled Copy Page 3 01 Scott Hamilton (Clopay Building Products Co., Inc. (CBPC)) on 3n12012 2:41:08 PM r ECT PpivERM aY. =, Double ar 18' 2" Steel Pan (120) No 18' 2" +37 PSF L_ _37 PSF ---- - Double ar 18' 2" Steel Pan Yes =18' +37 PSF -39 PSF Gallery/F'rtistry/ Expressions (121) Double bar 18' 2" Steel Pan No 18' 2" +37 PSF -39 PSF Gallerv/Artistrv/ Expressions (1221 Attributd CS' Col e Listed ;fir Inspected Report umber Criteria' Criteria Criten Static ! ad Test - Design Pressu'e Interte Services Listing ection Test Orjginal Issue Date Value 08 30 00 Specialty Doors and Frames LISTED 100487442M I D-002 ASTM E330 (2002) ASTM E1886 (2002) ASTM E1996 (2002) See Table Certification WIND LOAD RESISTANT DOORS 2012-01-26 Clopay Building Products Co., Inc. (CBPC) 127355 1 Rev: Mar 7 2012 1:53PM I Uncontrolled Copy Page 4 of 4 R y9 1