Star Paint – Performance Guarantee
Star Paint (PTY) LTD guarantees to the consumer subject to these terms and conditions and that we undertake to honor our guarantee and in the event of any defaults arising out of the use of our products within the stipulated guaranteed period. Issues to bee investigated and rectified at our own cost, as long as the terms and conditions stated below are met:
Extent of Guarantee
1. This guarantee is limited to cover the following Star Paint Products:
- High Gloss Enamel
- Super General Purpose
- Star Mica
- Super Sheen Acrylic
- Dura Star
- Acrylic Roof Paint
The guarantee shall apply where:-
1.2. Defects arise if applied on suitable and properly prepared surfaces according to printed directions.
1.3. 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 Star Paint for each of the Products. Full details of these wear and tear criteria are available on request.
1.4. This guarantee does not cover any indirect or consequential damages.
Commencement and Duration
This guarantee shall commence on the date that the consumer telephonically lodges his/her guarantee with Star Paint by phoning + 268 518 6200 and furnishing all the purchase and personal details.
In order for this guarantee to be valid, this must be done within 30 (thirty) days of the purchase date of the Product/s.
The guarantee is transferable subject to:-
1.1. The new owner accepting the terms and conditions of this guarantee;
1.2. Telephonic notice being given to Star Paint by phoning + 268 518 6200
1.3. The period of the guarantee not starting afresh upon such transfer, but continuing for the balance of the period.
1.4. 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.
This guarantee shall only be applicable where:
- Application work has been done in accordance with the instructions provided for the Product concerned with regard to preparation and application;
- The consumer has followed the recommended surface preparation and used the recommended products for the surface preparation prior to the painting of the surface;
- The consumer has used the entire paint system recommended in the Star Paint Product data, i.e. primer, undercoat and top coat
- The Product is used strictly for its specific use.
- Application work shall include all elements of surface preparation prior to application of the coating, as well as the process of application.
The liability of Star Paint shall reduce over the guarantee period according to the following scale:-
- In the first 12 months after Commencement Date – Full replacement cost;
- From month 13 to month 24 after Commencement Date – 85% of replacement cost;
- From month 25 to month 36 after Commencement Date – 70% of replacement cost;
- From month 37 to month 48 after Commencement Date – 55% of replacement cost;
- From month 49 to month 60 after Commencement Date – 40% of replacement cost;
- From month 61 to month 72 after Commencement Date – 25% of replacement cost;
- From month 73 to month 84 after Commencement Date – 10% of replacement cost;
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 Star Paint.
Star Paint shall not be liable for:
- Damage to the coating arising from external causes outside Star Paint’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.
- 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;
- The deterioration of any metal as a result of any form of electrochemical action;
- 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;
- Damage to the coating arising from deterioration or movement of the substrate caused by any other substance or condition.
Claims and Repairs
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.
The consumer shall forthwith notify Star Paint of the claim providing full details of thereof, and shall set out the basis on which it believes that Star Paint is liable in terms of the guarantee. Star Paint 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.
The consumer shall provide such further information as Star Paint may require, including details of environmental factors and inspection and repair records.
Star Paint 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.
Star Paint, in its sole discretion shall be entitled to:
- Control repair work which is to be carried out in accordance with all its specifications and instructions; and
- Appoint a contractor and / or approve the contractor appointed by the consumer.