SECTION D: WHAT MUST NORTH STAR DO TO KEEP THIS LIMITED WARRANTY COVERAGE?
NORTH STAR must do all the following things to have the benefit of this limited warranty:
- NORTH STAR must require the coil coater to send AKZO NOBEL two (2) representative samples (each 12" x 12") of metal coated with each batch of PRODUCT (as identified by batch number) promptly following its coating, identifying the number of the coil, the date of the coating, the PRODUCT batch number applied, the type of substrate, the type of pretreatment and sealer, and the name of the party who will fabricate the coil into building construction products. NORTH STAR must also maintain records for forty-two (42) years that will identify the master coil number for each building erected in the field, which shall be available to AKZO NOBEL on request; and
- NORTH STAR shall advise AKZO NOBEL in writing of any claimed violation of this limited warranty within thirty days of receiving notice thereof, and AKZO NOBEL must promptly be afforded an opportunity to inspect the installation.
If any of these things are not done, this limited warranty will not apply.
SECTION E: REMEDY
If AKZO NOBEL's PRODUCT fails to comply with our limited warranty, due to any defect in material or workmanship, AKZO NOBEL will bear the full cost of labor and material to replace or refinish the defective portion of the field installation. The decision whether to replace or refinish to remedy an honored claim will be made at the sole discretion of AKZO NOBEL. If Akzo Nobel's investigation indicates that the claimed defect is not covered by this limited warranty, NORTH STAR shall reimburse all of Akzo Nobel's third-party expenses incurred in connection with the investigation of the claim. This Warranty also applies to the part(s) being repainted, repaired or replaced, but only for the unexpired portion of the Warranty period applicable to the original coil coated part.
SECTION F: EXCLUSION OF OTHER WARRANTIES
THIS LIMITED WARRANTY IS EXCLUSIVE AND IS IN LIEU OF ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHER WARRANTY OF QUALITY, WHETHER EXPRESS OR IMPLIED, AND WHETHER WRITTEN OR ORAL. Correction of non-conformities in the manner and for the period of time provided herein shall constitute fulfillment of all liabilities of AKZO NOBEL to NORTH STAR with respect to or arising out of the goods whether based on contract, negligence, strict liability in tort, or otherwise.
SECTION G: LIMITATION OF LIABILITY
AKZO NOBEL SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE FOR SPECIAL OR CONSEQUENTIAL DAMAGES, such as, but not limited to, damage or loss of other goods, or claims of customers of Purchaser for business or service interruptions. THE REMEDIES OF NORTH STAR SET FORTH HEREIN ARE EXCLUSIVE.
SECTION H: OTHER ITEMS
AKZO NOBEL may cancel this limited warranty on thirty days written notice to NORTH STAR, except with respect to metal already coated with PRODUCT covered by this limited warranty. This warranty does not apply to any goods sold prior to the date this document is signed. NORTH STAR agrees that its use of PRODUCT is made in reliance upon this limited warranty and not upon any other written or oral representation of AKZO NOBEL. This limited warranty cancels and supersedes any other warranty or statement of performance made in the past or in the future by AKZO NOBEL unless such statement is subsequently made in writing as an express amendment of this document.
This is our complete warranty. It is issued only to NORTH STAR, and is not assignable to any other party. As an inducement for AKZO NOBEL to make this limited warranty, NORTH STAR also agrees that it will not itself warrant the performance of metal buildings and similar structures coated with PRODUCT to any party more commercially remote that the original owners of such metal buildings and similar structures.
The rights and obligations of the parties hereunder shall not be governed by the provisions of the UN convention on contracts for the International Sale of Goods; rather, these rights and obligations shall be governed by the laws of the State of Ohio, USA. Any controversy or claim arising out of or relating to this contract shall be determined by arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The number of arbitrators shall be three. The place of arbitration shall be Columbus, Ohio, USA. The language of the arbitration shall be English.
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