Warranty

Metal Sales Manufacturing Corporation warrants that under normal outdoor atmospheric conditions (which term excludes corrosive aggressive
atmospheres such as those contaminated with chemical fumes or salt spray), the exterior paint on the pre-painted Galvanized or Galvalume
®
panel (including manufactured trims and flashings) sold to you (Buyer), by Metal Sales Manufacturing Corporation (Seller), will meet the
following specifications:
This warranty 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 Seller’s 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. Seller’s warranty does not apply to panels that have been mechanically perforated or field painted.
This warranty does not cover failures resulting from edge corrosion (beyond the limits set forth above), or if failure is caused by failure of the
metal substrate (beyond the limits set forth above), or conversion coating material. This warranty does not cover occurrences of wet storage stains.
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.
Metal Sales Manufacturing Corporation
MS Colorfast45
®
System Warranty
Within the United States, Canada and Mexico north of 15th parallel:
Film Integrity: Film integrity is warranted for a period of 45 years. MS Colorfast45 will not crack, flake, chip, or peel
(not to be construed to include slight hairline crazing which occurs during fabrication) for a period of
45 years. Distance from salt water environment must exceed 1100 yards for warranty to apply.
Chalk Rating: Will not chalk in excess of number 8 rating on vertical applications or number 7 rating on non-vertical
applications for a period of 30 years as determined by the procedure outlined in ASTM D 4214 Method A.
Distance from salt water environment must exceed 1100 yards for warranty to apply.
Fade Rating: Will not fade in excess of more than 5 NBS Units on vertical applications or more than 6 NBS Units on
non-vertical applications for a period of 30 years as determined by ASTM D 2244. Distance from salt water
environment must exceed 1100 yards for warranty to apply.
Perforation: AZ50 Galvalume-coated steel will not rupture, perforate or fail structurally due to perforation for a period of 25 years.
On non-vertical installations, MS Colorfast45 will not exhibit accumulation of red rust caused by acid rain on coated surfaces, for
a period of 1) five (5) years on G60 HDG steel, 2) ten (10) years on G90 HDG steel and 3) five (5) years on AZ50 Galvalume
steel beyond 1/2 inch from edge of panel.