KlassicKolors 
Fluropon System (30) Year Warranty

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Follansbee Steel warrants that under normal outdoor atmospheric conditions (which term excludes corrosive aggressive atmospheres such as those contaminated with chemical fumes or), the exterior paint on the pre-painted Terne II panel (KlassicKolors) (including manufactured trims and flashings) sold to you (Buyer), by Follansbee Steel (Seller), will meet the following specifications.

Film Integrity: Film integrity is warranted for a period of 30 years. Fluropon coated panels will not crack, flake, chip, or peel (not to be construed to include slight hairline crazing which occurs during fabrication) for a period of 30 years. Failure due to substrate corrosion is excluded. Documents and photos required for (2) times yearly cleaning within 1500 feet from chloride environment.

Chalk Rating: Will not chalk in excess of number 8 rating on applications for a period of 30 years as determined by the procedure outlined in ASTM 4214-89 Method A-D659 specification test.

Fade Rating: Will not fade in excess of more than 5 Hunter Units for a period of 30 years as determined by ASTM method D-2244-93. Colors change shall be measured on an exposed painted surface that has been cleaned of surface soils and chalk. It is understood that fading or color changes may not be uniform, if the surfaces are not equally exposed to the sun and elements.

This warrant is subject to the following conditions:

1. Panels shall be warranted only if they have sufficient slope to prevent the accumulation of standing water.

2. Buyer shall exercise diligence in inspection of material as received from Seller prior to utilization so as to mitigate expense involved in repainting or replacing nonconforming panels.

3. Claim Period and Duties of Buyer in Presenting Claims. Claims for all defects must be made within the warranty period and within thirty (30) days after Buyer discovers the nonconforming panel, and Buyer must give Seller a reasonable opportunity to inspect the material. As a condition precedent to Sellers liability hereunder, Buyer must present, with his claim, records to enable Seller to establish the order number, date of shipment and the date of installation for the claimed nonconforming panel. These records must be duly authenticated, be made in the ordinary course of business and be contemporaneous with the events noted therein. Buyer shall also present evidence that establishes any claimed nonconformance was due to a breach of the warranty stated herein.

4. Amount of Liability. Seller’s liability for breach of this warranty shall be limited to repainting or replacing of the nonconforming panel utilizing such normal materials, methods and workmanship necessary to provide the stipulated performance remaining under the original warranty for the nonconforming panel. Seller shall have the sole discretion to determine which of the above methods will be used to fulfill its obligation. Seller shall have no liability or obligation whatsoever if payment in full has not been made for any materials. Moreover, if seller elects to supply replacement panels, Seller shall have no liability for labor costs associated with removing defective panels or replacing same with new panels.

Seller’s warranties apply only to panels which have been exposed to normal weather and atmospheric conditions, is limited to the aforementioned defects or failures, and does not apply to defects or failures caused by acts of God, falling objects, misuse, improper assembly, external forces, explosions, fire, vandalism, deliberate destruction or damage, riots, civil commotions, acts of war, radiation or harmful gases or fumes, excessive salt atmospheres, chemicals, and foreign substances (i.e., abnormal quantities of sand or dirt particles) in the air or atmosphere, stored or installed in a way which allows contact with animal and/or animal waste, and regardless of roof or sidewall pitch, installation must provide for proper drainage so as not to hold any water.

This warranty does not cover failures resulting from edge corrosion or if failure is caused by failure of the metal substrate, or conversion coating material.

This warranty does not cover failure resulting from installation over treated lumbers, such as ACQ (Alkaline Copper Quaternary), or hygroscopic lumbers.

Seller shall not be liable for any special or consequential damages except as may be expressly set out herein. Without limiting the generality of the foregoing, this warranty pertains to product only, and Seller shall not be liable for damages for or relating to labor or loss of use of structure or damage to contents of structure.

5. Transfers, Representations and Assignments. This warranty is extended to Buyer as the original purchaser from Seller and is nontransferable and nonassignable even if Seller’s products are sold or otherwise transferred. No rights against Seller shall be created by a transfer or assignment, nor shall any rights against Seller survive any transfer or assignment. Buyer, or its agents or representatives, shall not claim, represent or imply nor permit its customers, distributors, applicators or contractors to claim, represent or imply that this warranty extends or is available to parties other than Buyer, and to the limit of its legal rights to do so. Buyer shall cause any party to cease and desist in any such misrepresentation. This condition shall constitute a material term of this warranty and its violation by Buyer shall excuse Seller from its obligations hereunder.

6. Termination. Seller reserves the right to terminate or modify this warranty except with respect to orders which it has already accepted upon the giving of written notice thereof.

7. Waiver of Modification of Seller’s Rights. No terms or conditions, other than those stated herein, and no agreement or understanding oral or written, and no course of conduct or performance, in anyway purporting to modify this warranty or to waive Sellers rights hereunder, shall be binding on Seller unless the same be clearly described in a writing that expressly refers to this warranty and expressly refers to having such effect upon this warranty and is signed by an authorized representative of Seller. Moreover, additional liabilities of or limitations upon the rights and remedies of Seller contained in such documents as purchase order acknowledgments which may subsequently be exchanged between parties shall have no force upon this warranty. All proposals, negotiations and representations, if any, made prior to or with reference hereto are merged herein.

8. Materiality and General Obligation of Buyer. All obligations of and conditions imposed on Buyer under this warranty shall be deemed material terms of this warranty and any violation by Buyer shall excuse Seller from Seller’s obligation hereunder.

9. Embossed Products. Seller makes no warranties regarding any embossed product and no warranties of such product may be implied.

10. Effective Date. The effective date of this warranty shall be the date on which Buyer takes possession of Seller’s product.

11. Merger or Other Warranties, Including Merchantability. All other warranties, promises or affirmations of fact including warranties of merchantability and of fitness for a particular purpose are deemed to be merged into the terms of this warranty. The conditions of liability, rights, obligations, and remedies of the parties relating to claims arising from the nonconforming panel shall be governed exclusively by the terms set forth above.

12. Coverage. This warranty will apply only to metal coated with fluoropon finish and used on property within the continental United States and Canada.

EXCEPT AS EXPRESSLY SET OUT HEREIN, FOLLANSBEE STEEL MAKES NO WARRANTY, EITHER EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY, SUITABILITY, CONDITION, FITNESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ABSENCE OF PATENT OR LATENT DEFECTS IN MATERIAL OR WORKMANSHIP, COMPLIANCE WITH THE REQUIREMENTS OF ANY LAW, REGULATIONS, SPECIFICATIONS OR CONTRACTS, OR ANY OTHER OBLIGATION ON THE PART OF FOLLANSBEE STEEL.