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;
1.1.2 Velvaglo;
1.1.3 Wall & All;
1.1.4 Cashmere; and
1.1.5 Nuroof.
1.1.6 Micatex.
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. APPLICATION
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:-
3.1.4.1 Double Velvet - for interior walls only.
3.1.4.2 Velvaglo - for interior surfaces only.
3.1.4.3 Wall & All - for interior and exterior surfaces only.
3.1.4.4 Cashmere - interior and exterior use
3.1.4.5 Nuroof - for exterior roofs only
3.1.4.6 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. LIABILITY
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.
5. EXCLUSIONS
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.