Warranty

6. Termination. Seller reserves the right to terminate or modify this warranty except with respect to orders which it has already accepted upon
the giving of written notice thereof.
7. Waiver of Modification of Seller’s Rights. No terms or conditions, other than those stated herein, and no agreement or understanding oral or
written, and no course of conduct or performance, in anyway purporting to modify this warranty or to waive Seller’s rights hereunder, shall be
binding on Seller unless the same be clearly described in a writing that expressly refers to this warranty and expressly refers to having such effect
upon this warranty and is signed by an authorized representative of Seller. Moreover, additional liabilities of or limitations upon the rights and
remedies of Seller contained in such documents as purchase order acknowledgments which may subsequently be exchanged between parties shall
have no force upon this warranty. All proposals, negotiations and representations, if any, made prior to or with reference hereto are merged herein.
8. Materiality and General Obligation of Buyer. All obligations of and conditions imposed on Buyer under this warranty shall be deemed material
terms of this warranty and any violation by Buyer shall excuse Seller from Seller’s obligation hereunder.
9. Embossed Products. Seller makes no warranties regarding any embossed product and no warranties of such product may be implied.
10. Effective Date. The effective date of this warranty shall be the date on which Buyer takes possession of Seller’s product.
11. Merger or Other Warranties, Including Merchantability. All other warranties, promises or affirmations of fact including warranties of mer-
chantability and of fitness for a particular purpose are deemed to be merged into the terms of this warranty. The conditions of liability, rights,
obligations, and remedies of the parties relating to claims arising from the nonconforming panel shall be governed exclusively by the terms set
forth above.
12. This warranty will apply only to metal coated with MS Colorfast45 finish and used on property within the United States (including Hawaii
and Alaska), Canada, and Mexico (north of the 15° parallel of latitude in the northern hemisphere).
13. This Warranty does not cover special colors and/or finishes listed on the Custom Panel System Warranty.
EXCEPT AS EXPRESSLY SET OUT HEREIN, METAL SALES MANUFACTURING CORPORATION MAKES NO WARRANTY,
EITHER EXPRESS OR IMPLIED AND DISCLAIMS ANY AND ALL INCLUDING, BUT NOT LIMITED TO ANY EXPRESS OR IMPLIED
WARRANTY OF MERCHANTABILITY, SUITABILITY, CONDITION, FITNESS, QUALITY, FITNESS FOR A PARTICULAR PURPOSE,
ABSENCE OF PATENT OR LATENT DEFECTS IN MATERIAL OR WORKMANSHIP, COMPLIANCE WITH THE REQUIREMENTS OF
ANY LAW, REGULATIONS, SPECIFICATIONS OR CONTRACTS, OR ANY OTHER OBLIGATION ON THE PART OF METAL SALES
MANUFACTURING CORPORATION.
Agreed Procedure for Determining Conformation with Specification
For the purpose of determining whether an exposed panel meets the standards set forth above, all chalk, dirt and other film deposits on the area
of the panel to be tested for color must be removed by washing prior to evaluation.
To wash the test area, use a pad of 28/24 mesh cheesecloth and distilled water and a mild detergent cleaner. Wet the cheesecloth thoroughly with
the cleaning solution and rub it, using moderate hand pressure, over an area of the panel approximately 4” x 4”. Care must be taken to avoid any
scratching, burnishing or other physical alteration of the coated surfaces.
After washing, as described above, flush off the test area with distilled water and allow to air dry.
Failure to keep condensation or moisture from nested materials may result in damage or wet storage stain, voiding manufacturer’s guarantee.
Metal Sales Manufacturing Corporation
545 South 3rd Street
Suite 200
Louisville, KY 40202
800.406.7387
Effective Date 5/13
1030 ©MS1500(CF)/5-13
If project requires a material/finish warranty to be issued, completely fill out information below and submit to Metal Sales customer.
Project Name: _____________________________________________________________________________________________
Project Address: _____________________________________________________________________________________________
Owner Name: _____________________________________________________________________________________________
Installer Name: _____________________________________________________________________________________________
MSMC Invoice: _____________________________________________________________________________________________
MSMC Rep. Signature: ______________________________________________________________________ Date: _________________