Alesta® AP Product warranty 15 Years Axalta Coating Systems

Product Warranty 15 years Alesta® AP 2 Axalta Coating Systems

Alesta ® AP Powder Coatings

15 Years Product Warranty

Contract reference : 2014 04 Sépacolor AP 001

Between

Axalta Coating Systems France S.A.S. ZI de la Croix Meyssant, Savigneux, 42600 Montbrison, France, dont le Siège Social est à 1 Allée Chantereine, 78711 Mantes la Ville, France, au capital de 21 778 400 €, immatriculée au RCS de Versailles sous le numéro 778 150 706, « Axalta »,

And

Company having its registered office at , « Customer »

Herewith Axalta Coating Systems confirms that its supplies of ALESTA ® AP polyester powder products to Customer for use of coating aluminium extrusions and aluminium sheets will be made with a comprehensive 15 years product warranty (“Warranty Period”) subject to the terms and conditions set forth hereinafter.

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Scope of Warranty

According to the following terms and conditions Axalta Coating Systems warrants that the ALESTA ® AP polyester powder products (“Products”) to be supplied to Customer will meet throughout the Warranty Period the following criteria (“Standard Criteria”):

 Degree of colour: Initially the colour of significant surfaces shall closely match that of a previously agreed sample when two are compared visually under natural diffuse daylight, or in a colour matching booth conforming EN ISO 3668. With the passing of time any colour change will be gradual and will occur evenly over the surface without adversely affecting the decorative appearance of the coating, assuming a uniform weathering over the surface.

 Degree of gloss: At the time of application the degree of gloss shall be in accordance with EN ISO 2813, using an angle incidence of 60°, at least within +/- 10 units of the specified value for coatings with a gloss of > 50 units and within +/- 7 units for coatings with a gloss of < 50 units. With the passing of time any gloss reduction will occur evenly over the surface without adversely affecting the decorative appearance of the object, assuming a uniform weathering over the surface.

 Provided that the Product is a 1 – layer system, this Warranty will cover in addition the following criterium: degree of adhesion: When a coated test piece or panel is tested in the manner described in EN ISO 2409 using 2 mm spacing, there shall be no detachment of the coating other than debris from the cutting operation.

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Scope of Warranty

Upon request of Axalta Coating Systems at any time Customer will provide written evidence of its qualification under the Qualicoat/GSB regulations.

This Warranty will only apply for coating of architectural aluminium extrusions or aluminium sheets suitable for the coating process and in compliance with the specifications set forth in the Technical Data Sheet of the Products.

The surface preparation and application shall be at any time in compliance with applicable GSB, or Qualicoat guidelines. These guidelines are available upon request or in the internet under www.gsb-international.de resp. www.qualicoat.net.

The maintenance shall be at any time in compliance with the maintenance guidelines set forth in Appendix 1.

The Warranty Period will start with the date of the supply of the Products to Customer.

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Warranty Terms and Conditions

1. General

This Warranty sets out the entire liability of Axalta Coating Systems for any fault or claim arising out of or in connection with the quality or condition of Products supplied to Customer (including but not limited to the merchantability and fitness for purpose of Products) and it does not cover the quality of the application of Products as such, but only the Standard Criteria. Customer shall remain solely responsible for the application of Products.

If Customer uses Products in exterior architectural applications this Warranty Agreement shall only be valid if Customer informs Axalta Coating Systems about the object in which Customer intends to apply Products (“Object”) using by Building site Declaration (Appendix 2) and if Axalta Coating Systems has given its prior written consent to such use.

This Warranty shall only apply for applications in Europe, Middle East & Africa. (EMEA)

Test panels must be prepared under normal factory conditions and must be cured together with a normal series in the oven. A written test log must be prepared and kept for the duration of the Warranty Period plus one year. Customer must retain at least one coated test panel from each test point for the same period. Customer shall label the test panel for Axalta Coating Systems clearly with the project name, applicator’s name, colour, gloss level and date of application.

Any other application does not fall within this Warranty without the prior written consent of Axalta Coating Systems.

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Warranty Terms and Conditions

2. Claim handling procedure

In the event of a claim Customer shall comply with the following claim handling procedure:

Customer shall give Axalta Coating Systems notice within 30 days after the date of detection of the matter given rise to the claim indicating:

· • Description of aluminium used and of the coated object, its design and shape;

· • Details of the pre-treatment process, including drying conditions, together with process specifications submitted by the pre – treatment supplier;

· • Details of oven parameters and curing conditions;

· • Process description and quality control records;

• Maintenance records including details of washing and cleaning procedures;

· • Data concerning the Product storage;

· • Any other information related to the circumstances of the damage, the known and assumed causes therefore, and the type and estimated amount of the damage.

The Customer must submit the claim in writing. The submitted claim must contain sufficient documented evidence that type of substrate, surface preparation, coating application and maintenance of the finished object fulfils the requirements set forth in this Warranty and that the Product failed to meet the Standard Criteria. Upon request Customer shall make available a retained test panel to Axalta Coating Systems.

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Warranty Terms and Conditions

Axalta Coating Systems will take into account only claims made in compliance with this claims handling procedure set forth in this Section.

Any oral advice provided by Axalta Coating Systems or any of its legal representatives is regarded as being non-binding.

If Customer uses Products in exterior applications Customer shall ensure that the project owner of the Object will grant Axalta Coating Systems at any time access to the Object which will be coated with Products or in which material coated with Products will be built in.

If Customer coats surfaces in its own manufacturing facilities it shall grant Axalta Coating Systems upon written request access to all its plant areas, testing departments, warehouses and adjoining areas which are affected by the pre-treatment of surfaces to be coated with Products, the coating of the surfaces with Products or the curing of the surfaces.

Customer, its affiliates and subcontractors shall keep sufficient records (by means of production records, inspection logs, invoices etc) related to the use of Products (oven parameters, curing conditions, reference number, batch number, quantity, location of object and results of quality control tests) for the Warranty Period plus one year. Upon written notice Axalta Coating Systems may inspect these records at any time.

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Warranty Terms and Conditions

3.Liability

Provided that Customer correctly submits and substantiates its claim according to the claims handling procedure set forth in this Warranty Axalta Coating Systems shall be liable under this Warranty up to a maximum amount of 75.000,00 EUR (“Liability Amount”) per calendar year. Taking into account an allowance for fair wear and tear of the coating the liability of Axalta Coating Systems will be limited to the reimbursement rate, representing the percentage of the Liability Amount as follows:

0 - 3 years 95 % of the cost

4 - 6 years 80 % of the cost

7 - 9 years 60 % of the cost

10 - 13 years 40 % of the cost

14 - 15 years 20 % of the cost

A series of complaints relating to incidents with the same cause shall be regarded as one complaint or incident or damage.

Customer shall bear 5 % of the total repair costs and a minimum of 5.000,00 EUR per incident on its own.

Within the Liability Amount and as per this Warranty Axalta Coating Systems shall pay for reasonable costs related to replacement of Products and reasonable costs related to on- site repair of the damaged coating surface, ie. coating material and work and travel expenses necessary for the repair work. Axalta Coating Systems reserves the right at its discretion to replace Products and to repair the damaged coating surface itself or via a third party.

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Warranty Terms and Conditions

Axalta Coating Systems shall not be liable for any consequential or other indirect damage or loss and expense, including but not limited to loss of profits, income, business etc.

Other than set forth in this Warranty Axalta Coating Systems shall in no event be deemed or held liable or accountable upon under any other guarantee or warranty, express or implied, including but not limited to any implied warranty of merchantability or fitness for a particular purpose.

Notwithstanding anything to the contrary herein, nothing in this Warranty shall exclude, restrict or limit the liability of Axalta Coating Systems for death or personal injury resulting from the negligence of Axalta Coating Systems nor affect Customer’s statutory rights in this respect.

This Warranty shall not be extended to or is available to anyone other than the Customer. Axalta Coating Systems will not be liable for any warranty or representation of Customer towards the end-user or any other third party. The liability of Axalta Coating Systems shall exceed in no event the liability of Customer against the end-customer.

For all supplies and related services under this Agreement the General Terms and Conditions of Sale of Axalta Coating Systems in their valid version shall apply. These General Terms and Conditions are available upon request. In the event of conflict between the terms of such general conditions and the terms hereof, the terms of this Warranty shall prevail.

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Warranty Terms and Conditions

4. Exclusions

This Warranty will not apply, if a failure of the Product can be associated to any one ore more of the following circumstances :

. Customer does not comply with the guidelines issued by Axalta Coating Systems with respect to the cleaning of the surface of the Object, maintenance of Product and Object. Those guidelines are attached hereto as Appendix 1;

. Any cause beyond the control of Axalta Coating Systems including but not limited to mechanical damage, mechanical shocks, considerable thermal shocks, fire, pollution and abnormal weather conditions;

. Surfaces have been recoated or touched; more than one coat of Axalta Coating Systems has been applied to any surface; or any surface has been stripped and recoated with Products without the prior written agreement of Axalta Coating Systems;

. Prolonged exposure of the Products to temperatures in excess of 70 °C and less than - 30°C, or to acid or other hazardous sources which are known or believed to be damaging to powder coatings;

• Continuous exposure of the Products to the direct influence zones of salt water or to other particularly aggressive environments such as in, or in the vicinity of, chemical industry or in other areas with aggressive air – borne pollution, known or believed to be damaging to polyester powder coatings unless prior to the application of Products Axalta Coating Systems has confirmed to Customer the applicability in writing;

• Galvanic coupling by contact between different metal elements;

• Any defect caused by the sawing of, or the drilling, milling or punching holes in the coated surface, which are not then adequately sealed with a suitable sealant or mastic;

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Warranty Terms and Conditions

. Any defect caused by the use of adhesive tapes, or with the use of sealants or mastics;

. Any defect caused by jig marks or other fixing points;

. If Products have been stored they have not been stored at an ambient temperature in accordance with the Product Data Sheet recommendations of a maximum of 6 months from the date of delivery in dry cool conditions below 35 °C;

. Use of Products in conjunction with equipment or materials not set out in the product literature published by Axalta Coating Systems or reasonably contemplated by Axalta Coating Systems;

. Repair carried out by Customer without prior written consent of Axalta Coating Systems.

. Fading marks due to coated aluminium sheets and/or sections covered with a protective film that haven’t been stored in a dry place and/or sheltered from heat and sunlight before their use by the joiner;

. Less than 5% of the total area coated with Products has failed to meet the Standard Criteria as set forth in Section 1;

. Any alteration, modification or repair by a third party not expressly nominated or approved in writing by Axalta Coating Systems;

. Failure or defect was known to Customer at the time of application;

. Customer used Products in connection with other powder coatings;

. Any willful or negligent action of Customer, Subcontractors and any other third party, participating in the project, their respective affiliates, officers, directors, employees and agents;

. Invoices for supplied Products have not been fully paid by Customer.

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Warranty Terms and Conditions

5. Miscellaneous

No modification, amendment change or alteration of this Warranty, including this Section, shall be effective unless made in writing and signed by Axalta Coating Systems and the Customer.

This Agreement supersedes any and all prior agreements between Axalta Coating Systems and the Customer in respect of matter contained herein.

Axalta Coating Systems granted this Warranty to Customer as the purchaser of Products alone. Therefore Customer shall not be entitled to assign or transfer this Warranty Agreement in whole or in part.

In the event any part or provision of this Agreement is declared illegal and null and void by any government, court or agency of such government, which causes any party to be unable to perform any of the obligations under this Agreement, then the remainder of the Agreement shall continue in effect and the Parties shall meet and negotiate, in good faith, replacement provisions which most nearly reflect the original intent of the Parties.

This Agreement shall be interpreted and construed in accordance with the laws of France without consideration to its conflict of laws provisions, and to the exclusion of the United Nations Convention on the International Sale of Goods.

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Warranty Terms and Conditions

All disputes arising out or in connection with the present Agreement shall be submitted to the exclusive jurisdiction of the Courts of Versailles (Tribunal de Commerce), France.

In duplicate,

Montbrison, the 1st January 2014

Company Axalta Coating Systems France SAS

Date : Date :

Name : Name :

Tiltle : Title :

Signature : Signature :

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Appendix 1 - Alesta® AP Maintenance Procedures

Regular cleaning within 3-monthly intervals (or to a mutually agreed time scale) is required to prevent the build up of dirt on the surface. Façades that are not cleaned for several years can generally only be cleaned using abrasive material which may cause damage to the coating.

In areas where the coating may come in contact with concentrated atmospheric pollutants (Chemical etc…) it will be necessary to increase the cleaning frequency, e.g. monthly.

. Abrasive cleaning and polishing agents are potentially damaging to all powder coated surfaces (especially metallic coatings) their use is therefore forbidden.

. Cleaning of a façade is inadvisable under direct sunlight or when surface temperatures exceed 25°C.

. Lift cages with rubber rolls can leave a residue on coated components which may prove difficult to remove.

. Aggressive cleaning agents, such as acid based cleaners for mortar & glass may result in damage such as spots or more widespread marking to the coated surface.

. The use of organic solvents for cleaning or preservation work is not permitted.

. Only neutral cleaning agents are permitted (pH between 5 and 8). When cleaning agents with a pH-value below 5 or higher than 8 are used, damage may occur to the coating which in turn may cause the onset of corrosion.

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Appendix 1 - Alesta® AP Maintenance Procedures

When cleaning a section of a building, we recommend that the area is pre-washed with copious amounts of water and/or a well soaked sponge with large pores to remove loose debris. This should be followed by the application of a cleaning solution in accordance with the supplier’s instructions and with regard to the above recommendations.

All surfaces should be cleaned using a suitable non-abrasive cleaning cloth or sponge. Never clean with the use of a dry cleaning agent, as this may cause damage to the surface. Use copious amounts of water and/or cleaning agent to complete the task, ensuring that all traces of the cleaning solution are thoroughly rinsed away afterwards.

A list of cleaning agents is available on request.

The responsibility to ensure the cleaning task is performed in accordance with the recommendations remains with cleaning contractors unless otherwise agreed.

Full documentation of the cleaning schedule must be maintained.

For further questions please contact our technical support team.

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Appendix 2 - Site Certificate

Questionnaire to be completed by the customer ......

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Appendix 2 - Site Certificate

Contract reference : 2014 04 Sépacolor AP 001

1. SITE IDENTIFICATION :

1-1 Name of the customer :

1-2 Site adress :

1-3 Proprietor :

1-4 Project manager :

1-5 Specifications : Is this site covered by particular specifications ?

YES NO

If so, specify any particular points :

1-6 Warranties required :

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Appendix 2 - Site Certificate

2. PURPOSE OF THE BUILDING :

Factory, worshop 

Hotel 

Hangar, garage 

Hospital 

Shop, supermarket 

School 

Office, building 

Culture 

Administrative 

Are fumes and smoke extraction unit provided?(extractors, chimneys)

YES NO

Will the Ozone contain inside the building be unusually high?

(Greater than 0,1%)

YES NO

If this is an industrial building:

- What type of activity is it planned for?

......

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Appendix 2 - Site Certificate

2. PURPOSE OF THE BUILDING :

Will it be using chemical products?

YES NO

If so, what type of chemical products?

......

Is this an extension to a building, which already has thermocoated pieces or panels?

YES NO

If so specified the references of the coating used:

......

SURFACE TREATMENT:

Mechanical surface treatment: ......

Chemical surface treatment: ......

(with a description of each step)

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Appendix 2 - Site Certificate

4. COLOURS USED :

Colours and product references :

Corresponding quantities :

Special features, if any :

5. ENVIRONNEMENT :

Site : * Urban

* Rural

* Industrial

Are there factories within a radius of 1 km around the building?

YES NO

If so, specify the type of activity for each factory

......

Do these factories discharge any of the following into the atmosphere ? :

- Fumes, gases, smoke YES NO

- Fine powder or dust emanations YES NO

If so, specify the nature of the emanations

......

Are they in the same direction as the prevailing winds with respect to the building?

YES NO

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Appendix 2 - Site Certificate

6. SITUATION :

Proximity to the sea side : immediate (less than 500 m)  Less than 1 km  Less than 3 km  Less than 10 km  Less than 20 km  More than 20 km 

Sunshine : strong 

medium 

little 

Rainfall : high 

medium 

low 

Altitude : under 800 m 

over 800 m 

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Appendix 2 - Site Certificate

7. CONSTRUCTION SITE :

7-1 Surface of the customer project or Potential revenue of the customer project with a basic description

......

7-2 Amount of the supplies (powder paint) or Purchasing budget of coating

......

7-3 Details of the pieces to be coated :

(if possible, otherwise to give a detailed estimation) Surface ? design ?

......

......

8. DURATION OF THE BUILDING WORK

Date of commencement of work: ......

Date scheduled for the completion of the work: ......

DATE : COMPANY STAMP and SIGNATURE

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