Painted Coil Warranty

Limited Material Warranty - Amerimax Coated Products, Inc. (Seller) warrants the painted surface to the original purchaser (Customer) to not chip, crack, or peel for a period of (10) ten years. This warranty is prorated for the extended (10) ten year period; claims within the first (5) five-year period are fully covered at 100%. The remedy schedule for the ensuing years is as follows: Year (6) six – 80%, Year (7) seven – 60%, Year (8) eight – 40%, Year (9) nine – 20%, Year (10) ten – 10%. This warranty excludes normal paint fracturing, or crazing, which may occur when properly fabricated. This warranty applies to the following coatings: polyesters, siliconized polyesters, acrylics, urethanes, epoxies.

Claims Procedure - 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. All claims must be sent to Amerimax Coated Products, Inc., 5208 Tennyson Parkway, Suite 100, Plano, Texas 75024. 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.

Exclusions and Limitations - 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, (4) scratches, scrapes or any other unnatural damage including improperly formed, fabricated or embossed material, or (5) explosion, riots, civil disturbance, war, misuse or abuse, or any other causes which are beyond the control of the Seller. This warranty excludes failures caused by standing water, and direct exposure to corrosive and aggressive atmospheres including animal waste products. This warranty excludes applications exposed to salt spray or within 1000 feet of the seacoast.

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. Seller reserves the right to establish whether repainting or replacing material is required and to approve and participate in the negotiation of any subcontracted material replacement, installation, or refinishing.

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 LIABILITY 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 non-assignable, 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.