Table of Contents(Page CI-9)

COMMERCIAL/INDUSTRIAL PRODUCT INFORMATION

"6036" COLOR WARRANTY
LIMITATIONS ON AND CONDITIONS OF GUARANTEE
(ALL REFERENCES TO "ASBC" ARE REFERRING TO METAL BUILDING COMPONENTS, INC.)

  1. ASBC (Seller) guarantees to buyer that within the Continental United States, normal outdoor atmospheric conditions (excluding corrosive aggressive atmospheres such as those contaminated with chemical fumes or salt spray) WILL NOT cause the exterior paint in standard colors on the Prepainted Galvanized Sheet (G-90 or G-60 Coating Designation) or prepainted Galvalume (AZ50 Coating Designation) sold to you (Buyer) by ASBC (Seller) under this guarantee to:
    a) crack, check or peel (not to be construed to include slight hairline crazing which occurs during fabrication).
    b) chalk in excess of a numerical rating of eight when measured in accordance with the standard procedure specified in ASTM D 4214.
    c) fade or change in color in excess of five units of color difference (NBS Units) when measured in accordance with the standard procedure specified in ASTM D 2244.
    d) For purposes of determining whether an exposed sheet meets the standards set forth above, all chalk, dirt, and other film deposits on the area of the sheet to be tested for color must be removed by washing prior to evaluation. (To wash the test area, use a pad of 28/24 mesh cheesecloth and distilled water and a mild detergent cleaner. Wet the cheesecloth thoroughly with the cleaning solution and rub it, using moderate hand pressure, over an area of the sheet approximately 4" x 4". Care must be taken to avoid any scratching, burnishing or other physical alteration of the coated surface. After washing as described above, flush off the test area with distilled water and allow to air dry.)
  2. This guarantee shall extend to the paint on vertical surfaces for five years from the date of installation of the building panels. Roofs shall be guaranteed for three years from the date of installation of the roof panels, but only if (a) they have a slope greater than one in fifteen and on which no standing water accumulates, and (b) the paint color is white.
  3. Buyer shall exercise diligence in inspection of materials as received from Seller prior to utilization so as to mitigate expense involved in repairing, repainting, or replacing non-conforming sheets.
  4. Claims for all defects must be made within the guarantee period and within 30 days after Buyer discovers the non-conforming sheet, and Buyer must give Seller a reasonable opportunity to inspect the material.
  5. Seller’s liability for breach of this guarantee shall be limited to repairing, repainting, or replacing of the non-conforming sheet utilizing such normal materials, methods and workmanship as should result in providing the prorated performance remaining under the original guarantee for the non-conforming sheet. Seller shall have the sole discretion to determine which of the above methods will be used to fulfill its obligation. SELLER WILL NOT IN ANY EVENT BE LIABLE FOR THE COST OF LABOR EXPENDED BY OTHERS ON ANY DEFECTIVE SHEET OR ANY SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES TO ANYONE BY REASON OF THE FACTS THAT SUCH PANELS SHALL HAVE BEEN DEFECTIVE.
  6. As a condition precedent to Seller’s liability hereunder, Buyer must present with his claim duly authenticated records so as to enable Seller to establish the ASBC job number. Buyer shall also present such evidence that establishes any claimed non-conformance was due to a breach of the guarantees stated herein.
  7. No terms or conditions, other than those stated herein, and no agreement or understanding, oral or written, and no course of conduct or performance, in any way purporting to modifying this guarantee or to waive Seller’s rights hereunder, shall be binding on Seller unless the same be clearly described in a writing that expressly refers to this guarantee and expressly refers to having such effect upon this guarantee and is signed by the authorized representative of Seller. All proposals, negotiations and representations, if any, made prior to or with reference hereto are merged herein.
  8. THIS GUARANTEE IS IN LIEU OF ALL OTHER WARRANTIES (EXCEPT OF TITLE), EXPRESS, IMPLIED, OR STATUTORY, AND ALL OTHER LIABILITIES (CONTRACT, TORT OR OTHERWISE, INCLUDING NEGLIGENCE) AND SELLER MAKES NO WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL SELLER BE LIABLE FOR LOSS OF PROFITS, OR ANY OTHER INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, RESULTING FROM ANY DEFECTS IN THE MATERIALS COVERED BY THIS GUARANTEE. THE CONDITIONS OF LIABILITY, RIGHTS, OBLIGATIONS, AND REMEDIES OF THE PARTIES RELATING TO CLAIMS ARISING FROM THE NON-CONFORMING SHEET SHALL BE GOVERNED EXCLUSIVELY BY THE TERMS SET FORTH ABOVE.
  9. This guarantee will not extend to or cover:
    a) Damage to the coating occasioned by moisture or other contaminations detrimental to the coating because of improper storage of the prepainted, galvanized or Galvalume metal prior to installation.
    b) Damages to the prepainted, galvanized or Galvalume metal caused by shipping, handling, and/or installation.
  10. This guarantee does not extend to the color finish or plating on fasteners used for the installation of panels, trims, or accessories, or to damage or discoloration to the color finish caused by deterioration of the fasteners.
  11. This guarantee does not apply to the interior or reverse side finish nor does it extend to prepainted materials used in interior (not atmospherically exposed) applications.
  12. This guarantee applies only to sheets which have been exposed to normal weather conditions and is limited to the aforementioned defects and failures and does not apply to acts of God, fire, abuse, negligence, or improper treatment, or handling or exposure, vandalism, hammering, gouging, carving, falling objects, harmful fumes, foreign substances in the atmosphere or abnormal environmental conditions.
  13. The law of the State of Florida shall govern the rights and duties of the parties under this agreement and jurisdiction and venue is fixed in the Florida state courts in Duval County, Florida.
  14. ASBC will not be responsible for water damage of sheets or other painted products prior to erection of material.

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