40-Year Limited Warranty
Weather Tite Industries, Inc.
Forty-Year Limited Warranty
Weather Tite Industries, Inc., (“Weather Tite”) extends the following limited warranty to the party in direct contractual privities with Weather Tite (“Customer”) for Ceram-A-Star® 1050. Ceram-A-Star® 1050 is used to coat coils of metals which are used by Weather Tite in the production of metal roofing.
This limited warranty only applies to Ceram-A-Star® 1050 which has been applied to the metal used by Weather Tite in the production of the metal roofing supplies to Customer. This limited warranty applies only to goods identified on an AkzoNobel product data sheet as Ceram-A-Star® 1050 which have been applied to metal in accordance with parameters specified on the product data sheet and in accordance with AkzoNobel’s limited warranty to Ceram-A-Star® 1050. Further, this limited warranty applies only to goods used on wood frame building and on architectural, commercial, pre-engineered or residential metal building, which are installed in the United States, Canada, and Mexico.
Terms and Conditions
While the parties hereto recognize that a majority of coating, including Ceram-A-Star® 1050, will, to some degree, fade and change in appearance over a period of time if installed outdoors and that such changes in appearance may not be uniform between surfaces not equally exposed, Weather Tite warrants that the goods covered herein will resist natural weathering to the extent that they will conform to the performance standard listed below during a period of forty (40) years after coating for film integrity and a period of thirty (30) years after coating for both chalking and color change, provided that all conditions of this warranty and the warranty issued by AkzoNobel for Ceram-A-Star® 1050 have been met. The following provisions will apply to building installed north of the 15° parallel of latitude in the northern hemisphere, however, only provision 1 applies to building installed south of this latitude:
- To the extent that it is apparent on ordinary outdoor visual observation, Ceram-A-Star® 1050 will not peel, crack, check, or flake;
- Vertical installations of Ceram-A-Star® 1050 will not change color more that 5 NBS (Hunter) units, and non-vertical installations will not change color more that 7 NBS (Hunter) units following field installation. Color measurements are to be made per ASTM D 2244 and only on clean surfaces after removing surface deposits and chalk per ASTM D 3964; and
- Vertical installation of Ceram-A-Star® 1050 will not chalk more than a number 8 rating, and non-vertical installations will not chalk more that a number 6 rating when measured per ASTM D-4214, Method A. This limited warranty applies only to Ceram-A-Star® 1050 which is applied to first quality aluminum, Galvalume, Galfan or galvanized steel.
This is an anti-weathering limited warranty and does not apply to other causes of degradation, including:
- Ceram-A-Star® 1050 which is not applied in accordance with the AkzoNobel product data sheet (including galvanizing and pretreatment in accordance with the specifications and recommendations of the pretreatment manufacturer) and in accordance with good practice in the coil coating industry;
- Ceram-A-Star® 1050 which has suffered scratching or abrasion or impact by a hard object; has been abused, altered, modified, used in a manner not originally intended or stored contrary to instructions of AkzoNobel, Weather Tite, or the coil coater, or in accordance with good industry practice; is damaged due to moisture entrapment in coils and/or bundles during transit or storage; is stored or installed in a way which allows standing water on the coating or in any chemically aggressive environment containing fumes, ash, cement dust, carbon black, salts or other chemicals, whether naturally occurring or caused by man; is stored or installed in an environment that includes a high degree of humidity, sand, dirt, or grease, whether naturally occurring or caused by man; is stored or installed in a way which allows contact with animals and/or animal waste or its decomposition products; is stored or installed in an area, or in such a way, that damage can occur due to poor air circulation; is stored or installed in areas which are subject to fallout from copper, lead, nickel or silver mining or refining operations; has suffered any damage caused by acts of God, radiation, falling objects, explosion, fire, riots, civil commotions, acts of war or other external forces.
- Ceram-A-Star® 1050 which suffers from improper forming, fabrication or embossing; cut edge exposure; corrosion of the substrate; or the development of any other condition between the coating and the substrate which causes the coating to degrade or delaminate, including any failure or deficiency in the cleaning process or pretreatment;
- Ceram-A-Star® 1050 which is installed within 1,000 meters of a salt water or other marine environment; or
- Ceram-A-Star® 1050 top coats which are not applied as a complete AkzoNobel system, i.e., Ceram-A-Star® 1050 topcoat applied onto metal which has been primed with an approved AkzoNobel primer on both side of the metal sheet, and which has been coated with an AkzoNobel Backer Coating on the reverse side.
- Each batch of Ceram-A-Star® 1050 must have been checked by the coil coater prior to use to assure conformance to fabrication requirements;
- The Customer must maintain records for a period of forty-two (42) years that will identify the sales order number for each building erected in the field which used material supplied by Weather Tite. Such information shall be available to Weather Tite upon request.
The customer must report a claim in writing to Weather Tite within twenty (20) days after discovery thereof, and Weather Tite or any of its subsidiaries, affiliates or suppliers must promptly be afforded an opportunity to inspect the installation. A copy of this document must be presented to Weather Tite at the time of the claim. All notices given under or pursuant to this warranty shall be in writing and sent by registered mail, postage prepaid, return receipt requested to:
Weather Tite Industries, Inc.
311 Purple Tiger Drive
Watertown, TN 37184
Attn: Edward A. Fowler
In the event of such as claim, the customer must demonstrate to Weather Tite's satisfaction that the failure of the product is covered under the terms of this limited warranty. The customer has the responsibility to supply sufficient documentation, whether in the form of video and/or photographs, of the claimed defective Ceram-A-Star® 1050 for Weather Tite’s inspection. Weather Tite will then determine whether to honor such warranty claim and may, at its discretion, choose to remediate said claim on the basis of the documentation or to inspect the structure on which the claim is made. In the event that Weather Tite honors the claim, Weather Tite will bear the full cost of material to replace or refinish the defective portion of the field installation of the materials supplied by Weather Tite. The decision whether to replace or refinish to remedy an honored claim will be made at the sole discretion of Weather Tite. If Weather Tite decides to refinish the defective portion of the field installation, such refinishing shall be performed in accordance with standard industry practice to provide a uniform appearance with the remainder of the installation. Any replacement or refinishing arranged by Weather Tite shall be covered by and subject to the terms and conditions of this warranty. The replaced or refinished portion shall be deemed to have been coated on the date of the original coating and the duration of this warranty shall not be extended beyond that of the original factory applied finish. Weather Tite typically will arrange for replacement or refinishing at its own expense.
The Customer, subject to approval by Weather Tite, may request a cash settlement by Weather Tite in lieu of the remedy set forth above. Should Weather Tite decide to grant such request for a cash settlement, Weather Tite’s payment of the settlement amount agreed upon with the Customer will be conditioned upon receipt from the Customer of a full and final written release of Weather Tite from any further liability for the defective portion of the field installation.
Weather Tite will be responsible for the replacement or repair of materials only. Weather Tite shall not be liable for the cost of labor expended by others or on any nonconforming material or for any special, indirect or consequential damages to anyone by reason of the fact that such material shall have been nonconforming. Any replacement or repair arranged by Weather Tite or any replacement or repaired materials arrange by Weather Tite shall be covered by and subject to the terms and conditions of this warranty but only for the unexpired portion of the warranty period applicable to the original material.
This warranty shall extend to the Customer only and is non-assignable and/or nontransferable. Should the Customer become insolvent, bankrupt, make an assignment for the benefit of its creditors, or for any reason discontinue its normal or regular business practices, this warranty shall forthwith become null and void and have no legal effect.
Exclusion of Other Warranties
THIS LIMITED WARRANTY IS EXCLUSIVE AND IS LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY, WHETHER EXPRESS OR IMPLIED, AND WHETHER WRITTEN OR ORAL. Correction of nonconformities in a manner and for a period of time provided herein shall constitute fulfillment of all liability of Weather Tite to Customer with respect to or arising out of the goods, whether based on contract, negligence, strict liability and tort, or otherwise.
In no way shall Weather Tite be liable, under any circumstances, for any loss of profit or any other incidental, general, special, compensatory or consequential damages, such as, but not limited to, damage or loss of other property or equipment, cost of capital, cost of purchase or replacement of other goods, or claims of any clientele of Customer. The remedies of the Customer set forth herein are exclusive.
The determination of Weather Tite not to exercise any option hereunder or not to require compliance with any term or condition hereof shall not constitute a waiver of Weather Tite’s rights to exercise all options and to require compliance with all terms and conditions hereof on all occasions prior and subsequent to such instance or instances and no such determinations by Weather Tite shall constitute an alteration of the rights and liabilities of Weather Tite and the Customer as otherwise set forth herein.
The laws of the State of Tennessee shall govern the rights and duties of the parties under this Agreement and jurisdiction and venue is fixed in Davidson County, Tennessee.
This warranty constitutes the full and entire agreement between the parties and is not to be modified, altered, or extended unless such modification, alteration or extension is in writing and signed by both parties hereto.
WEATHER TITE INDUSTRIES, INC.
Edward A. Fowler, Vice President