THIS PERFORMANCE WARRANTY AGREEMENT is made between Architectural Finish Systems Inc. (AFSI) and AFSI Customer.  This agreement applies to the TGIC Polyester Powder coat listed below and applied by  AFSI to aluminum product provided by AFSI Customer          

AFSI warrants, subject to the conditions of this Agreement, that    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    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-659); or,

C.                 Fade or change color in excess of 5 Delta E units (Hunter Color Difference), as measured using the procedure of ASTM D-2244-85, 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 ONE (1) YEAR  from application of the    to the Metal.

 THIS WARRANTY IS SUBJECT TO THE FOLLOWING CONDITIONS

 1.         AFSI and their suppliers of    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    which is applied by AFSI to the Metal Substrate within six (6) months from the date AFS Powder coating receives the POWDERCOAT , unless AFSI inspects the    and agrees in writing to extend the six (6) month period.  Further, AFSI warrants that the 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 POWDERCOAT , such as primers, backers, strippables, etc., must be approved products.  Further, the performance Warranties only will apply to  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    caused by: moisture or other contamination detrimental to the    because of improper packaging, storage or handling of the coated Metal prior to installation; improper handling, shipping, processing (such as fabrication at high temperatures), and/or installation of the coated Metal; scratching or abrading of the    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.

5          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   .   Such refinishing shall be performed by AFSI’s approved contractor, using standard finishing practices and materials as selected and/or approved by AFS (not necessarily a 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 C  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    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  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   COATINGS.

9.         The Performance Warranties are extended solely to the customer.  They are nontransferable and non-assignable, 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    failure claims.

11.       AFS Powder coating reserves the right to terminate the Agreement at any time upon sixty (60) days’ prior notice, except with respect to any    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    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.

15.       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.