25-YEAR LIMITED WARRANTY

25-YEAR LIMITED WARRANTY
Permanent Painting Products USA, L.L.C. (“PPPPUSA”) and Rose Talbert Paint Company (“Manufacturer”)
make the following 25-year limited express warranty with respect to the ArmorCoat™ Exterior Coating System
(“AECS”) products:
I.
Definitions. As used in this warranty:
A) “Warrantor” means Permanent Painting Products USA, L.L.C. and Rose Talbert Paint Company.
B) “Purchaser” means a record owner of the property at the time the AECS is properly applied to the House, who
has paid in full for the AECS.
C) “House” means the detached, single-family dwelling owned by Purchaser to which the AECS was properly
applied.
D) “Transferee” means any person who has acquired record ownership of a House from Purchaser and to whom
this Warranty has been properly transferred and assigned in accordance in accordance with the terms listed
below.
II. Express Warranty: Duration. Subject to the Registration and Transfer Requirements and all other Conditions,
Limitations, and Exclusions set forth herein below, Warrantors hereby warrant that the AECS shall be free from
defects and will not peel, blister, crack or flake, as the result of any product defect in AECS products, for a term of
twenty-five (25) years from the date installation is completed, provided Purchaser maintains continuous ownership
of the House or properly transfers and assigns the Warranty in accordance with the terms set forth below.
III. Conditions. Warrantors’ obligations under this Warranty are expressly made conditional upon: (1) Installation and
application of the AECS by an authorized dealer in strict conformance with all directions and specifications of
PPPUSA; (2) Installation only upon standard non-corrosive building materials limited to walls, eaves, soffit, trim,
and fascia; (3) Proper preparation of all surfaces prior to installation; (4) Payment in full for materials and
installation; (5) Presentation of warranty and proof of purchase or transfer; and (6) Application of AECS products
obtained only from originally labeled containers and that is undiluted by additives or thinners not authorized in
writing by PPPUSA.
IV. Limitations and Exclusions. This Warranty covers only the specified damages arising solely from defects in the
manufacturing of AECS products. It does not cover failure of or damage to AECS products resulting from
settlement of the structure on which the products are installed or shifting of structural or adjoining surfaces, failure
of the structure (including, but not limited to, foundation and walls), impact from foreign objects, accidental damage
or negligence, intentional acts of damage, fire, wind, flood, lightning, acts of God, misuse, improper care or failure
to provide reasonable and necessary maintenance (including, but not limited to, the failure to timely make necessary
repairs to the house or other structure, failure to timely remove or prevent build-up of leaves, mulch, debris, moss,
mildew, dirt, or water intrusion from roofs, gutters, punctures, open joints, or seams), interior moisture conditions
(i.e. defective kitchen or bathroom fans, internal plumbing issues such as overflowing tubs or sinks), failure of the
substrate wall (rot) on which the AECS was applied due to movement, settlement, or condensation, mildew
(including, but not limited to, the failure to address and remedy a mildew issue if one appears), exposure to harmful
chemicals or vapors, surface discoloration due to atmospheric pollution, or the installation of accessories or other
products which are installed in a manner detrimental to the performance of the AECS. Also excluded from this
Warranty: moving parts of the structure including, but not limited to, doors, windows, window trim, working
shutters, and garage doors; spindles, hand rails, columns and gutters. While necessary maintenance or repairs can be
performed by any company, we recommend that you use only authorized ArmorCoat™ dealers. Improper or
incorrectly performed maintenance or repair voids this warranty
V. Limitation of Remedies. In the event of any defect in, or failure of, the AECS covered under this Warranty,
Warrantors’ sole obligation, and the sole remedy provide under this Warranty, is the provision to Purchaser, or to a
subsequent homeowner to whom the Warranty was properly transferred under the terms of this Warranty, of a
sufficient quantity of AECS products of the original color to repair the affected area. Warrantor shall not be subject
to liability of any nature for actual, incidental, consequential, special, or indirect damages of any kind, whether or
not foreseeable, including but not limited to property damage, loss of value, installation expenses, rental expenses,
inconvenience, lost profits, and/or business interruption.
VI.
Disclaimer. Except for the limited express Warranty provided herein, Warrantor expressly disclaims all other
warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a
particular purpose.
VII. Registration. This Warranty will not take effect until Purchaser has submitted a proper warranty registration form to
PPPUSA and a warranty acknowledgement has been issued by PPPUSA to Purchaser. The warranty registration
form, together with all documentation due from the installer, must be RECEIVED by PPPUSA within thirty (30)
days after the completed installation of the AECS.
VIII. Transfer, In the event Purchaser sells the House during the term of this Warranty, Purchaser may transfer and assign
this Warranty to the subsequent homeowner (“Transferee”), provided the following conditions are met. Failure to
timely satisfy these conditions will relieve Warrantor of any further obligation under this Warranty.
A) Transferee must provide PPPUSA with written notice of the transfer and must obtain a Warranty Transfer Form
from PPPUSA within thirty (30) days of the date Transferee acquires ownership of the House.
B) PPPUSA must receive a properly completed Warranty Transfer Form and a transfer fee in the amount of one
hundred dollars ($100) from Transferee within sixty (60) days of the date Transferee acquires ownership of the
House, upon which PPPUSA will issue a written warranty acknowledgement to Transferee.
IX. Claim Procedure. In order to make a claim under this Warranty, Purchaser or Transferee must provide written
notice to PPPUSA within thirty (30) days of the date on which the defect or failure was discovered, or reasonably
should have been discovered. This written notice must describe the problem giving rise to the claim, provide the
date that the defect or failure was discovered, and include enclosed copies of the warranty registration or transfer
form and warranty acknowledgment card. Warrantor reserves the right to have a representative inspect all warranted
products that are alleged to be defective or have failed under the terms of this Warranty, and shall be provided with a
reasonable opportunity to do so. Any alteration, removal, or repair of the AECS products which are claimed to be
defective or have failed prior to settlement of the claim shall bar any right of Purchaser or Transferee to relief under
this Warranty. Any claim that is found to not be a result of product failure or not covered under the terms of this
warranty may be subject to a one hundred ($100.00) service call charge by authorized installation dealer.
X. Miscellaneous.
A) Entire and Integrated Warranty. This Warranty contains the entire agreement of Warrantor regarding the subject
matter hereof, and any advertising, representations, warranties, promises, and oral or written statements
regarding the subject matter of this Warranty are merged herein and may not be relied upon for any purpose
whatsoever.
B) No Modifications or Extensions. No wholesaler, distributor, installer, contractor, subcontractor, representative,
agent, salesman, or other person may alter, amend, modify, or extend this Warranty in any way without the
express written authorization of Warrantor.
C) Governing Law; Venue. This Warranty shall be governed, construed, and interpreted, as to validity,
enforceability, meaning, and performance in accordance with the laws of the State of Delaware. The exclusive
venue for any legal action brought by any party to enforce or to construe this Warranty shall be in the State of
Delaware. By registering for and accepting this Warranty, Purchaser and/or Transferee consent to the exclusive
jurisdiction of said Court and to all other terms and provisions of this Warranty.
D) Notices. Any notices required to be sent by Purchaser or Transferee under the terms of this Warranty shall be
mailed by First Class Mail, Certified Mail, Return Receipt Requested to:
Permanent Painting Products USA, L.L.C. ATTN: Warranty Claims
16192 Coastal Highway Lewes, Delaware 19958
Notice shall not be effective until received by PPPUSA.
E) No Actual, Applied, or Apparent Agency. No installer, contractor, subcontractor, or other person or entity
which installs the AECS may be considered to be an agent, servant, employee, contractor, or representative of
Warrantor without the express written authorization of Warrantor.