WARRANTY
Bruce & Dana's Premium 35 year
PVDF
Paint System Roofing and Sidewall
System
Bruce &
Dana, Inc., herein called "B & D", makes the following warranty
to Your Name , residing at Your Address herein called
"Customer" concerning the use of B & D's Premium 35 year PVDF
Paint System System, including Primer and Backer, herein called
"Product, when applied for Roofing and Sidewall Panels.
B & D
warrants that the Product will not under normal atmospheric
conditions (which term excludes corrosive or aggressive atmospheres
such as those contaminated with chemical fumes or salt
spray).
A.
Peel, check, chip or
crack (except for such crazing or slight cracking as may occur on
tightly roll-formed edges or brake bends at the time of forming
pre-painted sheet and which is accepted as standard) for a period of
Thirty (35) years from the date of installation of Metal coated with
the Product.
B. 1. Chalk in
excess of a numerical rating of eight (8) when measured in
accordance with the standard procedures specified in ASTM D659-80;
or
2. Fade or change in color in excess of five (5) E
units (NBS), calculated in accordance with ASTM D2244-85, paragraph
6.3. Color change shall be measured on an exposed painted surface
that has been cleaned of surface soils and chalk, and the
corresponding values measured on the original or unexposed painted
surface. It is understood that fading or color changes may not be
uniform if the surfaces are not equally exposed to the sun and
elements.
On all
installations, the warranties made in this section B shall extend
for the shorter of the following periods:
(a)
Thirty years (360 months) from the installation of metal
coated with Product.
(b) Thirty
years, six months (366 months) from the time of the application of
the Product to the Metal.
THIS
WARRANTY IS SUBJECT TO THE FOLLOWING CONDITIONS:
1.
All B & D Premium 35 year PVDF Paint System colors supplied by B
& D to the Customer are covered by this warranty unless B &
D specifically and in writing notifies the Customer otherwise. This
warranty shall not apply where B & D coating is mixed, used in
combination with, or combined with any other material.
2.
In addition to and without limiting the other conditions of this
warranty, the following specific condition must be met:
(a)
The coated surface must be a roofing (panel with a slope on which no
standing water accumulates), or siding surface of an architectural,
commercial, pre-engineered, or residential building;
(b)
The surface must be properly chemically treated in accordance
with the Product Data Sheet;
(c)
The Product applied to the coated surface must be properly
cured according to the Product Data Sheet.
3.
The warranty will not extend to, or cover:
(a)
Damage to the Product occasioned by moisture or
other
contamination detrimental to the Product attributable to
improper storage of the coated Metal prior to
installation;
(b)
Damage to the Product occasioned by condensation
attributable to improper packaging,
handling, shipping,
processing and/or installation.
4.
If Product is on a surface located less than 1,000 feet from the
seashore (salt water), maintenance will be performed by the building
owners including annual "sweet water" (fresh tap water) rinse in
accordance with AAMA 610.1-1979 (copy available upon request). The
Product must not be cleaned with abrasive or chemical
cleaners.
5.
The warranty will not be applicable to damage or failure which is
attributable to acts of God, falling objects, external forces,
explosives, fire, riots, civil commotion, acts of war, or other such
similar or dissimilar occurrences beyond B & D's
control.
6.
Claims under this warranty must be made by Customer to B & D in
writing thirty (35) days after discovery of the condition giving
rise to the claim, and B & D must be given a reasonable
opportunity to inspect the coated Metal claimed to be
defective.
7.
In the event of a claim under this warranty. Customer shall
demonstrate to the reasonable satisfaction of B & D that the
failure of the Product was due to a breech of the warranty stated
herein. Customer has the Responsibility to supply
a video and/or photographs of the claimed defective product for B
& D inspection. Upon review, B & D may, at its
discretion, choose to remediate said claim under the terms and
conditions outlined in the warranty document or inspect the project.
Furthermore, if the claim is not found to be the fault of the
coating system and if deemed appropriate by B & D, all related
site visitation costs would be the responsibility of the
claimant.
8.
B & D's liability under this warranty will be limited, at its
option, to refinishing or replacing the Metal coated with the
Product claimed to be defective, and in no event shall B & D's
liability exceed the original material costs. In no event shall B
& D be liable for any incidental or consequential damages. Any
refinishing of the Metal shall be performed by using standard
finishing practices and materials (and not necessarily the Product)
selected by B & D, which reserves the right to approve or
negotiate the contract for such refinishing. The warranty on any
refinished or replaced-coated Metal supplied hereunder shall be for
the remainder of the warranty period applicable to the Metal
originally coated.
9.
The warranty is extended to Customer alone as the purchaser of the
Product and shall not inure to the benefit of any other party. The
warranty is transferable and assignable by Customer, to the new
building owner with transfer of "our" invoice in their
possession.
10.
B & D reserves the right to terminate this warranty at any time
upon thirty (35) days advanced written notice, except with respect
to any Product which has already been shipped to customer. The
warranty will apply only to Metal supplied by B & D and used
within the continental United States, unless B & D agrees
otherwise in
writing,
11.
EXCEPT AS SET FORTH HEREIN, B & D MAKES NO OTHER WARRANTIES WITH
RESPECT TO THE PRODUCT, EXPRESSED OR IMPLIED, INCLUDING ANY IMPLIED.
WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
12.
All the foregoing conditions constitute material terms of this
warranty and violation by Customer or its agents or representatives
of any one or more conditions shall release B & D from its
obligations hereunder.
13.
All notices given under or pursuant to this Agreement shall be in
writing and either personally delivered or sent by registered or
certified mail, postage prepaid, return receipt requested, to the
party to whom such notice is to be given as follows:
Bruce & Dana,
Inc.
ATTN: Wayne Helms,
Production Manager
2204Simpson St
SE
Salem
OR 97301
All such notices when deposited
in the U.S. Mail, as set forth above shall be considered served when
so deposited.
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
warranty shall be binding on B & D unless made in writing and
signed by its authorized representative.
15.
The warranty
shall not become effective unless and until signed by an authorized
representative of
BRUCE &
DANA. INC.
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