KYNAR©
Warranty Agreement THIS
PERFORMANCE WARRANTY AGREEMENT is made between Architectural
Finish Systems Inc. (AFSI), and AFSI CUSTOMER.
This agreement applies to Super Durable Powdercoat listed below
and applied by AFSI to aluminum product provided for AFSI
CUSTOMER.
AFSI warrants, subject to the
conditions of this Agreement, that KYNAR POWDERCOAT when applied to
and cured on properly cleaned and pretreated aluminum extrusions or
primed metal fabrications, herein called “Metal Substrate” will
not:
A.
Peel check, crack, or craze (except for slight crazing or
cracking as may occur on normal roll- forming, brake bending, or
other approved fabrication methods for coil applied KYNAR POWDERCOAT
and which is accepted as standard, or when cracking or crazing is
the result of metal fracture in the case of aluminum or spangle
cracking of the zinc layer in the base of galvanized steel).
B.
Chalk in excess of a numerical rating 8, as measured using
the procedures of ASTM D4214-89 (method D-6209); or,
C.
Fade or change color in excess of 20 Delta E units (Hunter
Color Difference), as measured using the procedure of ASTM
D-2244-820, comparing as unexposed retain panel to the exposed panel
after removal of dirt and chalk.
AFSI further warrants that prior
to coating the aluminum product subject of this
warranty, the (aluminum) metal substrate will be chemically
pretreated in a five (5) stage cleaning and chemical power washer to
chemically convert the substrate surface.
The above warranties (the
“Performance Warranties”) shall be 20 YEARS from the installation of
the Metal coated with the KYNAR POWDERCOAT or 21 YEARS from
application of the KYNAR POWDERCOAT to the Metal, whichever first
occurs;
THIS WARRANTY IS SUBJECT TO THE
FOLLOWING CONDITIONS
1. AFSI and their
suppliers of KYNAR POWDERCOAT coatings recommend that coated
products that are located less than 1000 feet from the seashore
(salt water) be systematically fresh water rinsed (at least
annually), so as to prevent the accumulation of salt deposits.
2. The Performance
Warranties only will apply to KYNAR POWDERCOAT which is applied by
AFSI to the Metal Substrate within six (6) months from the date AFSI
receives the KYNAR POWDERCOAT, unless AFSI inspects the KYNAR
POWDERCOAT and agrees in writing to extend the six (6) month
period. Further, AFSI warrants that the KYNAR POWDERCOAT, subject
of this warranty has been: properly factory applied to, and properly
cured on a properly cleaned, treated (as required for aluminum
extrusion spray applicators) in accordance with the published
Product Data Sheet and procedures and specifications (as such may be
revised from time to time). Also, all companion products used in
conjunction with the KYNAR POWDERCOAT, such as primers, backers,
strippables, etc., must be approved products. Further, the
performance Warranties only will apply to KYNAR POWDERCOAT applied
within continental North America, unless specifically agreed to in
writing for a particular project by AFSI
3. The Performance
Warranties will not apply to damage to and/or failure of the
KYNAR POWDERCOAT caused by: moisture or other contamination
detrimental to the KYNAR POWDERCOAT because of improper packaging,
storage or handling of the coated Metal prior to installation;
improper handling, shipping, processing (such as fabrication at high
temperatures below 60 degrees F), and/or installation of the coated
Metal; scratching or abrading of the KYNAR POWDERCOAT during or
after installation; standing or ponding water; improper cleaning
and/or pretreatment of the Metal; corrosion of the Metal substrate;
or, acts of God, falling objects, explosions, fire, or other such
similar or dissimilar occurrences beyond AFSI ’s control.
4. The customer
shall maintain dated of the installation of the coated metal.
AFSI CUSTOMER shall provide AFSI with eight (8) 12” long aluminum
production pieces for finishing on a production run for subsequent
warranty testing. These samples should include the project name,
number, location and any other information pertinent to the
project.
20 AFSI shall, at
reasonable times and in such a manner as will not unreasonably
interfere with the customers operations be permitted
to inspect and approve the production process to insure the surface
quality of the metal substrate and drain holes of the finished
product (to exhaust entrapped pretreatment chemicals) are
appropriate for pretreatment and metal finishing.
6. AFSI’s exclusive
liability and the customer’s sole remedy under this
Agreement, or otherwise, shall be limited to, at AFSI’s option, the
refinishing, or replacing, or reimbursement of the coat of
refinishing the Metal exhibiting defective KYNAR POWDERCOAT
coating. Such refinishing shall be performed by AFSI’s approved
contractor, using standard finishing practices and materials as
selected and/or approved by AFSI (not necessarily a KYNAR POWDERCOAT).
AFSI reserves the right to approve any contract for such refinishing
or replacing; such approval not to be unreasonably delayed or
withheld. The Performance Warranties on any refinished or replaced
coated Metal shall be only for the remainder of the Performance
Warranties period applicable to the Metal originally coated. In no
event shall AFSI be liable under any theory of recovery, whether
based on negligence of any kind, strict liability or tort, for any
direct, indirect, special, punitive, incidental or consequential
damages.
7. All claims relating to
quality, condition or performance of the KYNAR POWDERCOAT shall be
waived unless made by the customer in writing to AFSI
within the applicable Performance Warranties period, and within
thirty (30) days after the customer is informed or
becomes aware of a defect in the KYNAR POWDERCOAT coating; and AFSI
must be given a reasonable and prompt opportunity to inspect said
defect.
8. Except for the
Performance Warranties, AFSI MAKES NO OTHER WARRANTIES, EXPRESS OR
IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE OR USE, WITH RESPECT TO ANY OF THE
SPRAYLAT ARC 201COATINGS.
9. The Performance
Warranties are extended solely to the customer. They
are nontransferable and nonassignable, and the customer shall not
permit or authorize their employees, agents, representatives or the
customer to claim represent or imply that the Performance Warranties
extend to or are available to anyone other than the customer.
10. In the event of a
material breach by the customer of any of the
conditions of this Agreement, AFSI shall have no other liability for
any KYNAR POWDERCOAT failure claims.
11. AFSI reserves the right
to terminate the Agreement at any time upon sixty (60) days’ prior
notice. Except with respect to any KYNAR POWDERCOAT which already
has been shipped to the customer prior to the giving
of such notice.
12. All notices and claims
given under or pursuant to this Agreement shall be in writing and
sent by certified or registered mail, postage prepaid, return
receipt requested.
13. AFSI and the
customer agree that this Agreement does not constitute an
obligation of any kind whatsoever on the part of the customer
to purchase any of the finished product from AFSI; but
rather, it provides the governing terms and conditions as to the
parties’ respective liabilities and rights if, and when, any such
purchases/sales of any of the products finished with KYNAR
POWDERCOAT occur.
14. No terms or conditions
other than those stated herein, and no agreement or understanding,
oral or written, in any way purporting to modify this Agreement
shall be binding upon a party unless made in writing, expressly
refers to this Agreement and is signed by that party’s authorized
representative. This Agreement supersedes and cancels any prior
representations, warranties and agreements relating to the subject
matters of this Agreement.
120. This Agreement is made
under Florida law (without giving effect to the conflict of law
principles thereof) and the local laws of Florida shall apply to the
construction, enforcement and interpretation of this Agreement.
©Architectural Finish
Systems, Inc. |
