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30
YEAR WARRANTY
PRE-PAINTED 8000+ COATED STEEL
Subject to the obligations,
limitations and exclusions set out below, Agway Metals Inc. ("Agway")
warrants that:
For a period of Thirty (30) years from the date of delivery, the paint
film of Pre-painted 8000+ Series Galvalume and Galvanized Steel Roofing
and Siding Panels sold by Agway (the "Warranted Product")
will not crack, blister or peel; and for a period of twenty (20) years
from the date of delivery, the degree of chalking of the warranted Product
will not exceed #8 in vertical applications or #6 in non-vertical applications
(in each case measured in accordance with the standard procedures specified
in ASTM D4214, Method A), and the colour change of the Warranted Product
will not exceed 5 colour units in non-vertical applications (in each
case measured by a colorimeter designed to produce reflectance readings
in the Tristimulus Filter System of X, Y, and Z, based on the CIE values
of illuminant C and measured in Hunter L, a and b units (ASTM D2244
and on clean surfaces per ASTM D3964)).
Limitations and
Exclusions
The foregoing warranties do not apply to damage caused to the warranted
Product by:
Contact with fasteners (the responsibility for the selection of the
appropriate fasteners rests solely with the buyer);
Steel shavings or minute particles from sawing sparks coming into contact
with the Warranted Product;
Edge corrosion or failure of the metal substrate;
Unforeseeable causes beyond the control of Agway including, without
limitation, acts of God, falling objects, external forces, earthquakes,
floods, tornadoes, tempests or other wind storms, explosions, hail,
fire, radiation, riots, civil commotion, vandalism or acts of war.
Handling, shipping, transit, processing, improper storage, installation,
prolonged contact with moisture, corrosives or similar materials after
delivery;
Abnormal atmospheric conditions, which include without limitation, corrosive
or aggressive atmospheres, corrosive or harmful chemicals (whether in
solid, liquid, or gaseous form), salt or salt spray, animal excrements
or airborne contaminants;
Installation of non-vertical panels if erected in such a manner that
the degree of pitch from the horizontal is insufficient to prevent accumulation
of free-standing water;
Non-uniform conditions of exposure or use;
Minor or hairline cracking of the Warranted Product;
Minor colour variances between separate orders.
Buyer's Obligations
Buyer shall inspect all Warranted Products for defects immediately upon
receipt. Each claim (a "Claim") under this Limited Warranty
shall be in writing addressed to Agway at its current address, and shall
contain sufficient detail to permit Agway to identify the Warranted
products that are the subject of the claim (including, without limitation,
the original invoices). All claims shall be made within 60 days of such
inspection, in the case of defects discovered or discoverable upon inspection
or, in the case of all other claims, within 60 days after the defect
is discovered or ought reasonably to have been discovered. Buyer shall
afford Agway or its agents one or more opportunities, as Agway, acting
reasonably, may require, to inspect the Warranted Product that is the
subject of a Claim.
Exclusive
Remedy
If, after conducting the aforementioned inspections, and subject to
the limitations and exclusions set out above and the full performance
by the buyer of its obligations hereunder, Agway determines that the
Warranted Product has not performed in accordance with one or more of
the foregoing warranties, then Agway will, at its option, refinish or
replace the non-conforming Warranted Product to such extent as is necessary
to bring such Warranted Product into compliance for the then remaining
balance of the applicable warranty period. THIS IS THE SOLE REMEDY OF
BUYER UNDER THIS LIMITED WARRANTY OR OTHERWISE IN RESPECT OF THE WARRANTED
PRODUCTS.
Disclaimer
of Warranties and Limitation of Liability
THE FOREGOING WARRANTIES ARE THE SOLE WARRANTIES OF AGWAY IN CONNECTION
WITH THE WARRANTED PRODUCTS; ALL OTHER WARRANTIES AND CONDITIONS (EXPRESSED,
IMPLIED, STATUTORY OR OTHERWISE) ARE HEREBY EXCLUDED. THE FOREGOING
LIMITATION OF LIABILITY IS A CONDITION OF SALE OF THE WARRANTED PRODUCTS
AT THE PRICE PAID BY BUYER AND SHALL APPLY NOTWITHSTANDING ANY DEFECT
IN OR FAILURE OF, INCLUDING TOTAL FAILURE OF, ANY WARRANTED PRODUCT.
This Limited
Warranty is provided only to the buyer of pre-painted 8000+coated steel,
or if the buyer is in the business of reselling the Warranted Product,
to the end user, or the owner of any structure in which the Warranted
Product is used (collectively, the "Buyer"). This Limited
Warranty may not be assigned or transferred. Except in the case of orders
already subject to this Limited Warranty, Agway reserves the right to
terminate or modify this Limited Warranty.
Agway Metals
Inc., 170 Delta Park Blvd., Brampton, Ontario, Canada L6T 5T6
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