JSW Silveron + Sheet / coils – Exclusive Limited Warranty

JSW Steel Coated Products, having its registered office at JSW Center, Bandra Kurla Complex, Bandra (East), Mumbai-400051, (Seller) here by provides LIMITED WARRANTY of 7 Years. Description of Goods: Prime Aluminum Zinc Coated Steel Coils. The Seller warrants that subject to terms and conditions set forth herein the Seller’s JSW Silveron+ sheets/Coils steel with a Al-Zn coating weight of minimum 150 GSM, Acrylic coated (AFP passivated) sold for use of unpainted roofing and siding panels will not rupture, fail structurally or perforate due to exposure to normal atmospheric conditions, within the warranty period of 7 years from the date of shipment. Warranty is applicable for minimum thickness of 0.40mm. This warranty does not apply to rupture, perforation or structural failure caused by any reason other than corrosion due to exposure to normal atmospheric conditions. This warranty does not apply to JSW Silveron+ sheets/coils steel sold as secondary or non-prime material.

Excluded Atmospheric Conditions

This Warranty does not apply to sheet exposed at any time to corrosive and aggressive atmosphere including but not limited to-

• Areas subject to salt water or marine atmosphere or to constant spraying of salt or fresh water.
• Wet storage stains caused by water damage and/or condensation.
• Corrosive environments with corrosivity more than C2 (as defined in ISO9223).
• Areas subject to exposure to corrosive chemicals, fumes, ash, cement, dust or animal waste.
• Areas subject to water runoff from dissimilar metals, from metals such as but not limited to lead and/or copper flashings or areas in metallic contact with lead or copper.
• Conditions or circumstances where corrosive fumes or condensates are generated or released inside the building.
• Areas sheltered from periodic washing by natural rainfall or man-made fresh water rinse.

Additional Warranty Exclusions and Situations

This Warranty does not apply in the event of any one or more of the following occurs are present –

• Slopes or Sections of roof lower than 15 .
• Mechanical, chemical (including but not limited to storage stains and/or transportation rust) or other damage sustained during transportation, shipment, handling, storage, forming, embossing, punching, press braking and fabrication during or after installation.
• Physical damages after installation, intentional or unintentional, including but not limited to accident, abuse, misuse, negligence, vandalism or excessive traffic on the roof.
• Settlement, shrinkage, distortion, warping or cracking of substructure of material upon which GALVALUME® sheet has been applied or any deterioration or failure of building components.
• Coating damage caused by severe reverse bending, forming which subjects coating to alternate compression and tension or improper roll forming, abrasion, scouring or cleaning procedures.
• the product (coil / sheets) stored for a period exceeding over 6 months.
• Panel deterioration due to contact with chemically treated, green or wet lumber.
• Failure to provide free drainage of water including internal condensation from overlaps and all other surfaces of sheets or panels.
• Presence of damp insulation or corrosive material in contact with or in close proximity to panels.
• Deterioration caused by direct or indirect contact with fasteners or sealants. (Selection of proper long-lasting fastener or sealant that will be in contact with the roofing or siding panels rests solely with the Buyer.)
• Deterioration due to contact or installation with concrete foundation / dirt / wet mud / dust.
• Failure due to improper storage and handling. Failure due to edge corrosion or misapplication.
• Failure caused on account of force measure condition.
• Failure to remove debris from overlaps and all other surfaces of the sheets and panels.

Damages to panels or sheets caused due to of falling objects, fire, explosions and natural disasters including but not limited to hurricanes, tornadoes, natural or external forces. Damages caused due to using the products for animal confinements.

Inspection and Notice of Claim

Any claim under this Warranty must be presented during the Warranty Period and the following procedure shall be followed:

• The Buyer shall give written notice of the facts and circumstances of the said claim within thirty (30) days of becoming aware of the non-conformity.
• The notice shall be sent by registered mail addressed to Marketing at registered office at JSW Center, Bandra Kurla Complex, Bandra (East), Mumbai-400051. The notice shall be accompanied with the Coil / Item number (which was used to produce the panel under nonconformity) , Bill of lading , Packing List, Certificate of origin, Seller’s Contract , Invoice and Place & Date of installation of panel and such evidence that establishes the non-conformance. Identification and traceability of nonconforming panel to the Seller’s material is must.
• After receipts of proper notice the Buyer shall give reasonable time to Seller to reply back and also Buyer shall provide opportunity to Seller to inspect the material.
• Buyer shall not allow anyone else to repair, replace, remove, alter or disturb the nonconforming or defective GALVALUME® sheet provided, however, that Buyer may take emergency action necessary to prevent damage to persons or property.
• Buyer shall also furnish such evidence that establishes any claimed nonconformity was due to a breach of the warranty stated herein.
• A failure to strictly comply with above mentioned procedure shall void the Warranty.

Exclusive Remedy

• If it is determined that the claim is covered under the Warranty, the Buyer’s exclusive remedy shall be limited to the cost of either repairing the non-conforming panels or at Seller’s sole option to furnish sufficient replacement of GALVALUME® sheets to allow Buyer at Buyer’s expense to fabricate replacement panels for non-conforming GALVALUME®. The Warranty period shall not be extended to the replaced or repaired GALVALUME® sheet, and the remaining warranty period shall continue in effect and be applicable to the replaced or repaired GALVALUME® sheet.
• The remedies provided herein are exclusive remedies available under the warranty. Any determination as to whether the claim is covered by the Warranty or what constitutes the appropriate method for remedying the nonconformance will be made by the Seller after consultation with the Buyer.

Transfers and Assignments

The remedies provided herein are the exclusive remedies available under the Warranty and are intended for the sole benefit of the Buyer. Neither the Warranty nor the rights hereunder shall be assignable by the Buyer. The Seller shall have no liability under the Warranty to third parties or stranger to this Warranty

Limitation of Damage

In no event shall the Seller be liable to the Buyer or Buyer’s customer in contract and/or for any personal injury, property damage, loss of profit, delay or any incidental or consequential damages resulting from or in connection with the use of GALVALUME® Sheet and /or due to the non –conformance.

Other Warranties, including Merchantability

There are no warranties, promises and affirmations of facts including warranties of merchantability and of fitness for a particular purpose other than those expressly set forth herein the conditions of liability rights obligations and remedies of the parties relating to claims arising from any nonconforming sheet shall be governed exclusively by the terms set forth herein.

Waiver or Modifications of Seller’s Rights

No terms other than those stated herein, no agreement or understanding, oral or written, or no course of conduct or performance, in any way purporting to modify this Limited Warranty or waive Seller’s rights under this Warranty, shall be binding on Seller unless the same is in a writing and signed by authorized representative of Seller. The failure to insist upon strict compliance with any of the terms and conditions contained herein shall not act as a waiver of strict compliance with all of the remaining terms and conditions of the Warranty and shall not operate as a waiver as to any of the terms and conditions of the Warranty.

Termination of Warranty

Seller reserves the right to vary the terms of the Warranty or refuse Warranty for future orders.

Governing Law

The Warranty shall be governed by Indian laws. Any disputes arising hereunder shall be referred to the appropriate courts in Mumbai, India

Entire Agreement

This Warranty contains the entire agreement between the Buyer and Seller with respect to the Warranties granted to Buyer regarding GALVALUME® Sheet and expressly supersedes all other agreements (oral and written), proposals or negotiations made with the Buyer.