Maxx-Brite® Warranty

When properly installed, Amerimax Building Products, Inc. (Seller) warrants the painted surface to the original purchaser (Customer) to not chip, crack or peel. This warranty excludes normal paint fracturing, or crazing, which may occur when properly fabricated.

Seller further warrants for a period of ten (10) years the paint surface to not fade or change color in excess of eight (8) E units or chalk more than #8 rating when tested against ASTM D-659-80. Color change determination shall be made on a washed section of the exposed panel in accordance with ASTM D-2244-85.

Seller assumes no liability for any failures of the product resulting from: (1) acts of God, including without limitation, floods, lightning, hurricanes, winds, earthquakes, earth tremors, tornadoes, gales, hail, and fire of any origin or cause; (2) installation not in accordance with commonly recognized standards; (3) structural shrinkage or distortion of the structure upon which the product is installed or (4) explosion, riots, civil disturbance, war, misuse or abuse or any other causes which are beyond the control of the Seller.

In no event shall Seller’s liability exceed the Customer’s liability. Customer agrees that the Customer’s sole and exclusive remedy against Seller is strictly limited to reimbursement to the Customer, in the percentage specified herein, of the direct actual cost of replacement or purchase price refund. Seller’s total cumulative liability under this warranty is limited to the dollar amount of the original replacement of the product. The percentage of the direct and actual cost of refinishing/replacement to be reimbursed to the Customer by Seller shall be determined using the date the claim is received by Seller according to the following schedule.

Year After Shipment
By Customer

1-3

4-6

6-8

8-10

Percentage Of Direct Actual
Costs Of Refinishing/Replacing

100

Claims under this Limited Warranty must be presented in writing during the warranty period and within thirty (30) days after Customer becomes aware that any warranted condition has occurred. Time is of the essence and failure to give notice within the specified time shall discharge Seller from any obligations under this Limited Warranty. Seller must be given a reasonable opportunity for an on-site inspection to determine the cause and corrective action to be taken if it is determined to be a valid claim.

THIS LIMITED WARRANTY IS GIVEN AS THE EXCLUSIVE WARRANTY AND REMEDY, AND SELLER DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SELLER SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THE CUSTOMER’S EXCLUSIVE REMEDY SHALL BE THAT SET FORTH ABOVE FOR ANY CLAIM OF LIABILTY RELATING TO THE PANELS UNDER NEGLIGENCE, STRICT LIABILTY, BREACH OF WARRANTY, OR ANY OTHER LEGAL THEORY.

This Limited Warranty is extended to Customer alone, is nontransferable and nonassignable, and may not be modified or enlarged in its scope by any representative, agent, or other employee of Seller. Customer shall not permit anyone to claim or imply that this Limited Warranty extends to anyone other than Customer. This condition is a material term of the Limited Warranty and its violation by Customer or its agents or representatives shall release Seller from its obligation hereunder.

Effective 10/01/01