Limited 25/40 Year Warranty
Covering North American Metals Inc.
Building Panels & Prepainted Steel Coils
North American Metals Inc., an Oregon Corporation hereinafter referred to as NAM, consideration to sell it's building panels and pre-painted steel coils agree as follows; that it's coils or building panels:
- Will not, under normal atmospheric conditions, to any material degree crack (except for such crazing or slight cracking as may occur on tightly roll-formed edges or brake bends at the time of forming pre-painted metal and which is accepted as standard), chip peel, blister, flake, check, or split for a period of twenty (25) years from the date of installation or twenty and one-half years from the delivery of the coil.
- Will not, under normal atmospheric conditions, become perforated through the paint to the metal substrate for a period of twenty (25) years from the date of installation of the product or twenty and one-half years from the delivery of the coil.
- Will not, under normal atmospheric conditions, become perforated through the paint and the metal for a period of forty (40) years from the date of installation of the product or forty and one-half years from the delivery of the coil.
- Will not, under normal atmospheric conditions, chalk in excess of a numerical rating of eight (8) when measured in accordance with the standard procedures specified in ASTM d-659 and NCCA III-8 for ten (10) years from the date of installation or ten and one-half years from the delivery of the coil.
- Will not, under normal atmospheric conditions, fade or change color in excess of five (5) NBS units when measured on any calorimeter acceptable to NAM in accordance with the procedures set forth in the ASTM D-2244 for a period of ten (10) years from the date of installation or ten and one-half years from the delivery of the coil. The color change shall be determined by measuring the difference between the exposed paint surface, which has been cleaned of external deposits of dirt and chalk and the original or corresponding unexposed painted surface, which had been cleaned of external deposits of dirt and chalk and the original or corresponding unexposed painted surface. It is understood that fading or color changes may not be uniform if the surfaces are not equally exposed to the sun and elements. The color change shall be calculated according to ASTM D-2244.
- All claims by buyer against NAM under this agreement shall be made in writing no later than thirty (30) days after the buyer has knowledge of an alleged defect. NAM shall be given reasonable opportunity to inspect the material claimed to be damaged as a condition precedent to NAM's liability.
- In the event that any of the occurrences set forth in Paragraph 1 through 5 within the time limitations set forth therein, NAM's liability shall be limited to the cost refinishing, repairing, or replacement of the defective product. Upon the request of NAM, the buyer shall obtain competitive estimates of the cost of repairing, refinishing, or replacing any steel panels to which the buyer claims a breach of the above described warranty and NAM shall not be obligated to make payments under this agreement until such competitive estimates have been obtained and approved. In no event, however, shall NAM's responsibility exceed the cost of delivering to the job site replacement panels.
- This warranty does not cover damage to the panels or coil occasioned by moisture or other contamination resulting from improper storage of the metal prior to installation or to damage to the panels or coil caused by handling, forming, shipping, processing, or installation. This warranty does not cover damage or deterioration caused by collision with foreign objects, hail, ice or wind storms, fire, lightning, earthquakes, erosion, disturbance, acts of God, acts of war, abuse, or other occurrence beyond NAM's control. This warranty shall not be applicable when the coated metal is exposed to abnormal atmospheric conditions including, but not limited to, corrosive atmospheres contaminated with chemical fumes and atmospheres contaminated by salt spray.
- No person, partnership, or corporation, other than the buyer, shall have any rights under this agreement and the buyer agrees to make no representation to any other party to the contrary. It is specifically acknowledged by the parties hereto that this warranty is not intended to be for the benefit of any third party.
- ALL OTHER EXPRESSED OR IMPLIED WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANT ABILITY OR THAT THE PRODUCT IS FIT FOR ANY PARTICULAR PURPOSE AND ANY WARRANTIES THAT MIGHT OTHERWISE ARISE OUT OF A COURSE OF DEALING BETWEEN THE PARTIES OR USAGE OF TRADE, ARE HEREBY EXCLUDED. THE SOLE REMEDIES FOR BREACH OF THE WARRANTIES IN THIS AGREEMENT SHALL BE THOSE EXPRESSLY SET FORTH ABOVE. UNDER NO CIRCUMSTANCES SHALL NAM BE LIABLE FOR LOST PROFITS, LOST SAVING, PERSONAL INJURIES, INCIDENTAL DAMAGES, ECONOMIC SPECIAL OR CONTINGENT DAMAGES, EVEN IF NAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, NAM SHALL NOT BE RESPONSIBLE FOR TORT, INCLUDING BUT NOT LIMITED TO, STRICT LIABILITY, NEGLIGENCE, MISREPRESENTATION, OR MISTAKE.
North American Metals, Inc.