Performance Warranty

This Warranty is provided by Aegis Industrial Finishing Ltd. (“Aegis”) to customers who purchase Aegis products and/or services (the “customer”). It applies only to powder coatings applied by Aegis to new products provided by the customer which have not been previously coated or painted, made from new:

a) properly galvanized or zinc-plated iron;

b) hot rolled steel which has been abrasively blasted by Aegis to at least SSPC-SP6.

c) Galvalume, galvanized steel, or aluminum (excluding cast aluminum or cast iron); and

d) cold-rolled steel (provided it is not ever used or stored outdoors)

(such materials hereinafter referred to as “metal substrate”).

Aegis hereby warrants, subject to the conditions below, that its powder coatings, when applied to and cured on properly cleaned and prepared metal substrate, will not:

a) peel;

b) crack;

c) delaminate; or

d) blister.

Aegis further warrants that, prior to powder coating the metal substrate, it will appropriately prepare the surface of the metal substrate, either by abrasive blasting or chemical pre-treating in accordance with the customer’s specifications. Where such customer specifications are not received, Aegis may recommend the method of surface preparation based on Aegis’s understanding of the customer’s application for the metal substrate. If Aegis provides such a recommendation in the absence of customer specifications, then Aegis assumes no responsibility for the performance of the powder coating and this Warranty does not apply to such powder coating.

The above warranties shall endure for ONE (1) YEAR from the application by Aegis of powder coating to the metal substrate.

This Warranty is subject to the following conditions:

1. This Warranty will not apply to damage to and/or failure of the powder coating or the metal substrate caused by:
   • moisture accumulation or other contamination detrimental to the powder coating or the metal substrate;
   • improper packaging, storage, shipping or handling of the powder coated material prior to its installation;
   • improper processing (such as fabrication at high temperatures) and/or installation of the powder coated material;
   • scratching or abrading of the powder coating or the metal substrate during or after installation;
   • standing or pooling water;
   • improper cleaning and/or pre-treatment of the metal substrate at any time;
   • corrosion of the metal substrate;
   • failure or breakdown over time of caulking;
   • materials which, after powder coating, have been altered or modified, or have been cut or welded, or used in a manner Aegis was not advised of at the time of powder coating, or stored contrary to good industry practice;
   • defects or structural failings in or of the metal substrate or the manufacture or configuration thereof; including but not limited to pinholes, sandwich metal, sharp edges, impregnated oil / grease, incomplete welds, etc;
   • failure by the customer to follow any and all maintenance instructions provided by Aegis; or
   • acts of God, falling objects, explosions, fire, or other such similar or dissimilar occurrences beyond Aegis’s control.
2. Powder coated materials that are installed, stored or located less than 1000 feet from the seashore (salt water) are not covered by this Warranty unless they are systematically fresh water rinsed (at least annually) so as to prevent the accumulation of salt deposits.
3. The warranty covers only defective materials and workmanship. It does not cover depreciation or damage caused by normal wear and tear, accident, mishap, untrained operators or improper or unintended use.
4. Aegis’S exclusive liability and the customer’s sole remedy under this Warranty or otherwise in respect of Aegis’S services and/or products shall be limited to, at Aegis’S option, the refinishing or replacing or reimbursement of the powder coat or the refinishing of the metal substrate exhibiting a defect or flaw. Any such refinishing shall be performed by an Aegis approved contractor using standard finishing practices and materials as selected and/or approved by Aegis. Aegis reserves the right to approve any contract for such refinishing or replacement; such approval not to be unreasonably delayed or withheld. This Warranty shall apply to such refinished or replaced powder coated metal substrate only for the remainder of the Warranty period applicable to the metal substrate that was originally powder coated. In no event shall Aegis be liable to the customer for damages under any theory of recovery, whether based on negligence of any kind, strict liability or tort, for any direct, indirect, special, punitive, incidental or consequential damages.
5. All claims relating to quality, condition or performance of the powder coating and/or the metal substrate shall be deemed waived unless made by the customer in writing to Aegis during the applicable Warranty period and within thirty (30) days after the customer is informed or becomes aware of the claim; and Aegis must be given a reasonable and prompt opportunity to inspect and confirm said defect before this Warranty may be enforced.
6. Except for this Warranty, AEGIS MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE, WITH RESPECT TO ANY POWDER COATINGS.
7. This Warranty extends solely to the customer. It is non-transferable and non-assignable, and neither the customer nor its employees, agents or representatives may claim, represent or imply that it extends to or is available to anyone other than the customer.
8. In the event of a breach by the customer of any of the conditions under this Warranty, Aegis shall have no liability hereunder.
9. Aegis reserves the right to withdraw this Warranty at any time without notice, except with respect to any powder coating already supplied to the customer prior to such withdrawal.
10. All notices and claims by the customer in relation to this Warranty shall be in writing and sent by certified or registered mail, postage prepaid, return receipt requested, to Aegis’s address above.
11. Aegis and the customer agree that this Warranty does not constitute an obligation of any kind whatsoever on the part of the customer to purchase anything from Aegis; but rather, it provides the governing terms and conditions as to the parties’ respective liabilities and rights if, and when, any purchases/sales occur between them.
12. No terms or conditions other than those stated herein, and no agreement or understanding, oral or written, in any way purporting to modify this Warranty shall be binding upon Aegis or the customer unless made in writing, expressly referring to this Warranty, and signed by each party’s authorized representative.
13. This Warranty supersedes and cancels any prior representations, warranties and agreements relating to the subject matters of this Warranty.
14. This Warranty is made under the laws of the Province of British Columbia (without giving effect to the conflict of law principles thereof) and the local laws of the Province of British Columbia shall apply to the construction, enforcement and interpretation hereof.