ATTENTION CONSUMER: PLEASE READ ALL THE TERMS AND CONDITIONS
Plascon Paints (Pty) Ltd ("Plascon") guarantees to the Consumer subject to these terms and conditions that:
1. EXTENT OF GUARANTEE
1.1 This guarantee is limited to cover the following Plascon paint products ("the Product/s"):
1.1.1 Double Velvet;
1.1.3 Wall & All;
1.1.4 Cashmere; and
1.2 The guarantee shall apply where:-
1.2.1 the total purchase price of the Product/s does not exceed R10 000 (ten thousand rand) inclusive of VAT;
1.2.2 the total purchase price exceeds R10 000,00 (ten thousand rand) and is less than R99 999,00 (ninety-nine thousand, nine hundred and ninety-nine rand) inclusive of VAT, provided that, prior to the guarantee applying, the consumer is required to contact Plascon @ 0860 77 00 77 in order for Plascon to inspect the site and issue specifications for the scope of work.
1.3 Where the total purchase price exceeds R99 999,00 (ninety-nine thousand, nine hundred and ninety-nine rand), the Plascon trade guarantee shall apply, which terms and conditions are available on request.
1.4 Plascon will provide replacement paint and labour for the re-application of the coating, as may be necessary to repair the Paint Failure in accordance with clause 6.
1.5 Throughout this guarantee the words "Paint Failure" shall mean any of the following occurring:-
1.5.1 delamination of one coat of paint from another; or
1.5.2 delamination of paint from its substrate; or
1.5.3 paint failures such as blistering, chalking, cracking, durability of the gloss and durability of colour (including fading and yellowing), provided that all of the aforegoing shall be subject to the reasonable wear and tear criteria as specified by Plascon for each of the Products. Full details of these wear and tear criteria are available on request.
1.6 This guarantee does not cover any indirect or consequential damages.
2. COMMENCEMENT AND DURATION
2.1 This guarantee shall commence on the date that the consumer telephonically lodges his/her guarantee with Plascon by phoning
0860 77 00 77 and furnishing all the purchase and personal details requested by Plascon ("the Commencement Date"). In order for this guarantee to be valid, this must be done within 30 (thirty) days of the purchase date of the Product/s.
2.2 The guarantee shall be for a period of 7 (seven) years calculated from the Commencement Date.
2.3 The guarantee is transferable subject to:-
2.3.1 the new owner accepting the terms and conditions of this guarantee;
2.3.2 telephonic notice being given to Plascon by phoning 0860 77 00 77 and furnishing the details regarding the change of ownership; and
2.3.3 the period of the guarantee not starting afresh upon such transfer, but continuing for the balance of the period.
2.4 Where any claim arises during the guarantee period, the period will not start afresh after settlement of the claim, unless a total repaint is required, as determined in the sole discretion of Plascon.
2.5 This guarantee shall only apply to Products purchased and applied within the Republic of South Africa.
3.1 This guarantee shall only be applicable where:
3.1.1 application work has been done in accordance with the instructions provided for the Product concerned with regard to preparation and application;
3.1.2 the consumer has followed the recommended surface preparation and used the recommended products for the surface preparation prior to the painting of the surface;
3.1.3 the consumer has used the entire paint system recommended by Plascon, i.e. primer, undercoat, top coat and clearcoat;
3.1.4 the Product is used strictly for the following applications:-
220.127.116.11 Double Velvet - for interior walls only.
18.104.22.168 Velvaglo - for interior surfaces only.
22.214.171.124 Wall & All - for interior and exterior surfaces only.
126.96.36.199 Cashmere - interior and exterior use
188.8.131.52 Nuroof - for exterior roofs only
184.108.40.206 Micatex - for exterior walls only
3.1.5 the specifications of Plascon have been followed correctly, in circumstances where clause 1.2.2 applies.
3.2 Application work shall include all elements of surface preparation prior to application of the coating, as well as the process of application.
4.1 The liability Plascon shall reduce over the guarantee period according to the following scale:-
4.1.1 In the first 12 months after Commencement Date............Full replacement cost;
4.1.2 From month 13 to month 24 after Commencement Date............85% of replacement cost;
4.1.3 From month 25 to month 36 after Commencement Date............70% of replacement cost;
4.1.4 From month 37 to month 48 after Commencement Date............55% of replacement cost;
4.1.5 From month 49 to month 60 after Commencement Date............40% of replacement cost;
4.1.6 From month 61 to month 72 after Commencement Date............25% of replacement cost;
4.1.7 From month 73 to month 84 after Commencement Date............10% of replacement cost;
4.2 The replacement cost shall be the cost of the paint and labour at the time of the claim. The consumer shall be liable for the balance of the replacement costs, which are not covered by Plascon, as indicated in 4.1 above.
Plascon shall not be liable for:
5.1 damage to the coating arising from external causes outside Plascon's control such as, but not limited to, welding or other heating, pollution, mechanical damage, hydrostatic pressure, electrical or electrolyte damage, incorrect cleaning or incorrect use, neglect, fire, explosion, radiation, collision or other accident, acts of God, vandalism or other malicious damage, damage caused due to industrial action, and the like;
5.2 the failure of any coating on any areas which because of their shape, characteristics or configuration, present special difficulties in either preparation or coating e.g. ladders and ladder platforms, handrails, rivets and contact surfaces of any kind;
5.3 the deterioration of any metal as a result of any form of electrochemical action;
5.4 any indirect or consequential damages, losses and expenses such as but not limited to demurrage associated with coating repair work, loss of time, expenses due to the consumer's employees, agents, operators or sub-contractors, loss of profits and all claims by third parties against the consumer;
5.5 damage to the coating arising from deterioration or movement of the substrate caused by any other substance or condition.
6. CLAIMS AND REPAIRS
6.1 Any claim made in terms of this guarantee shall be made within 30 (thirty) days of the consumer discovering any defect, damage or failure which gives rise to a claim.
6.2 The consumer shall forthwith notify Plascon of the claim providing full details of thereof, and shall set out the basis on which it believes that Plascon is liable in terms of the guarantee. Plascon shall be entitled to inspect the alleged Paint Failure, in which the coating is alleged to have failed and to perform any tests in respect thereof, and may do so either itself or by means of any person nominated by it. Prior to such inspection or testing, the consumer shall not be entitled to perform any repairs to or remove or tamper with any part of the coating.
6.3 The consumer shall provide such further information as Plascon may require, including details of environmental factors and inspection and repair records.
6.4 Plascon shall use its best endeavours to ensure that coatings required for repairs are available as soon as practical at the place where the repairs are to be carried out, but does not assume liability for delay in this respect.
6.5 Plascon, in its sole discretion shall be entitled to:
6.5.1 control repair work which is to be carried out in accordance with all its specifications and instructions; and
6.5.2 appoint a contractor and / or approve the contractor appointed by the consumer.