This Warranty is pro-rated and applies specifically to above Product Coatings in which B & C Industries and their associates B & C Awnings Inc. are the sole Licensed Provider/ Applicator and none other. The general terms of this Warranty and a copy thereof were /are available specifically in writing prior to bid and constitute a part of any proposal for the specified product forming a part of all Contracts associated there with or emanating there from. As a specific condition of issue by the applicator namely B & C Awnings Inc and, B & C Industries their heirs or assignees of this Warranty and receipt by the primary user and continued use of the unit(s) for a period of one year and one day constitutes a “consideration” for acceptance of the terms of issue Any claim under the terms of this Warranty for any alleged loss, or for compensation, cost of re-finishing, removal or re-installation when such is claimed to be covered under the terms of this warranty shall produce dated and signed records showing that the following reasonable procedures have been followed.
(1) Each individual unit under questions has been (a) on commercial projects professionally serviced by a licensed cleaning agency with none abrasive or detrimental chemicals at regular at least quarterly intervals or (b) on residential units by the resident homeowner.
(2) Any claim is pro-rated and limited to that portion of usage remaining before the expiration date of the life expectancy as shown marked with an asterisk above.
(3) The warranted life expectancy to run from the date shown on this Warranty and expire on the same calendar day (20 Years) later.
(4) Products that have been mechanically damaged and or surface treatments at that point compromised that an application of the same chemical compounds has been applied.
It agreed that prospective claims are limited to single units or parts therUnder the terms of this warranty claimant must identify the specific location and indeof and not to an entire project (Batch Claim). ividual unit under claim. Typically when multiple units are installed close examination will show only partial units or components will qualify under the terms of this warranty for any claim.
New installation commonplace surface abrasions and indentations are attended to as punch list items with surfaces treated ideally with the same materials, air dried whether brush applied sprayed or otherwise at the discretion of the applicator. This will ensure only marginal shade variations hardly detectable and the closest the industry is able to provide with today’s technology. On existing or retrofitted installations component renovation touch up or refinishing of components constitutes buyers full and absolute compensation against any Warranty claim and may result in conditions or marginally difference of shade, surface, texture/gloss all of which lays outside the scope of this warranty for additional claims.
This Warranty issued on the strict understanding that it does not cover any claim for any aggregate sum “greater” than the original total sum or cost of the applied finish when originally provided which sum to be found on the original Contract or Job Proposal a copy of which should be retained and is limited to the, maximum value of such claims to be assigned in any form of compensation and to be calculated in accord with the following formula. For example if the cost of the original application was ten thousand dollars for ten units and the stated coating warranty was for twenty years and a justifiable claim being made against the coating on one unit after ten years the maximum claim for refinishing or compensation cannot exceed five hundred dollars.
This Warranty is not transferable and is granted only to the original purchaser or the entity that had first title to the unit under warranty as (1) above to avoid maintenance disputes. Buyer/ End User acknowledges that B & C Awnings Inc are licensed applicators by PPG Industries of the United Kingdom and as such are entirely dependent upon PPG Industries Inc for technical evaluations and information, support, material replacement and accuracy of reported life expectancy of all finishes. Acceptance of any units containing product manufactured by B & C Awnings Inc and PPG Industries their associates or their distributors and assignees constitutes acceptance of the Warranty terms. B & C Awnings Inc. being the applicators of the coatings referred to herein and provide this Warranty as a “Consideration” that Buyer, claimant end user will indemnify and hold B & C Awnings Inc harmless to the fullest extent of the law paying all legal costs of defense from any claim exceeding in the least degree the terms of this Warranty including frivolous suites.
THIS WARRANTY EXCLUDES:
Excluded from Warranty are claims for loss of use, removal, re-installation, damage to surroundings, protection during re-furbishing, matters associated therewith or emanating there from all of which are at the buyers risk and responsibility. Further exclusions. Damage to coatings following installation later occasioned by impact, internal atmospheric moisture or contaminant penetration detrimental to the coating due to improper sealants, chemical accumulations, jet fuel, saline solutions, reactions of standing debris content. Many of these exclusions can be avoided by regular corporate or home owner maintenance if cleansed of detrimental atmospheric air or water born particles and /or chemicals for example especially Jet Fuel Emissions, Exposure to accumulation of Saline Deposits, Standing Acidic Solutions, Sulpherous and Power Stations Emissions. Electrolytic action attributable to dissimilar metal contact, ladder contact, abrasion, foot traffic, storage of roofing materials, surfaces previously damaged not renovated/ repaired with compatible materials, applications on Steel or any ferrous materials.
Signed Buu Q. Pham : C.E.O - B & C Awnings Inc, 3082 E.Miraloma Avenue, Anaheim Ca 92806 Anaheim, California and B & C Industries Co,Lot B-260 Tan Dong Hiep B Industrial Park ,Tan Don Hiep Ward, Binh Dong Province, Vietnam