Martin Vosloo Paints and Concepts CC (“Martin Vosloo Paints”) , the manufacturer of the Paint master products guarantees to the Consumer subject to these terms and conditions that:
1. SCOPE OF THE GUARANTEE
1.1 This guarantee is limited to cover the following Paint master paint products (“the Product/s”):
1.1.1 Paint master Sheen , Interior and exterior;
1.1.2 Paint master Ultra Matt, Interior and exterior;
1.1.3 Paint master Satin (ONLY INTERIOR)
1.1.4 Paint master Roof (NOT ON FLAT ROOFS);
1.1.5 Paint master Texture 7 (ONLY INTERIOR);
1.2 Martin Vosloo Paints will provide replacement paint for the re-application of the coating, as may be necessary to repair the Paint Failure in accordance with clause 5.
1.3 Throughout this guarantee the words "Paint Failure" shall mean any of the following occurring:-
1.3.1 delimitation of one coat of paint from another; or
1.3.2 delimitation of paint from its substrate;
1.4 This guarantee does not cover any indirect or consequential damages.
1.5 The guarantee shall only apply where:
1.5.1 The total purchase price does not exceed R8000 (eight thousand rand) VAT inclusive;
1.5.2 The total purchase price exceeds R8000 inclusive of VAT, provided that the consumer contacts Martin Vosloo Paints to inspect the project and to give a detailed specification for the application and products to be used;
1.5.3 The guarantee is subject to waterproofing maintenance work to be carried out every 18 months. The customer needs to prove that waterproofing has been maintained every 18 months according to the manufacturer’s specification;
1.5.4 The guarantee is subject to the preparation and application being done according to the product and application specifications provided by Martin Vosloo Paints;
1.5.5 The guarantee is also subject to the customer using the full paint system of Martin Vosloo paints in other words the primer and top coats;
2. COMMENCEMENT DATE AND DURATION
2.1 This guarantee shall commence on the date that the consumer telephonically lodges his/her guarantee with Martin Vosloo Paints by phoning 011 708 3166 and all the purchase and personal details requested by Martin Vosloo Paints. 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 customer must provide the shop details, product details, batch numbers and receipts of the purchase;
2.2 The guarantee shall be for a period of 7 (seven) years calculated from the Commencement Date.
2.3 The guarantee is not transferable unless authorized by Martin Vosloo Paints
2.4 Where any claim arises during the guarantee period, the period will not start afresh after settlement of the claim.
3. LIABILITY PERIODS AND SCALE
3.1 The liability Martin Vosloo Paints shall reduce over the guarantee period according to the following scale:-
3.1.1 In the first 12 months after Commencement Date…………………..Full replacement cost;
3.1.2 From month 13 to month 24 after Commencement Date…………85% of replacement cost;
3.1.3 From month 25 to month 36 after Commencement Date…………70% of replacement cost;
3.1.4 From month 37 to month 48 after Commencement Date…………55% of replacement cost;
3.1.5 From month 49 to month 60 after Commencement Date…………40% of replacement cost;
3.1.6 From month 61 to month 72 after Commencement Date…………25% of replacement cost;
3.1.7 From month 73 to month 84 after Commencement Date…………10% of replacement cost;
3.2 The replacement cost shall be the cost of the paint at the time of the claim. The consumer shall be liable for the balance of the replacement costs, which are not covered by Martin Vosloo Paints, as indicated in 3.1 above.
Martin Vosloo Paints shall not be liable for:
4.1 damage to the coating arising from external causes outside Martin Vosloo Paint’s control;
4.2 the failure of any coating on any areas which because of their characteristics present special difficulties in either preparation or coating;
4.3 the deterioration of any metal;
4.4 any indirect or consequential damages, losses, claims from 3rd parties and expenses;
4.5 damage to the coating arising from cracks in the plaster or structural cracks or movement.
5. CLAIMS AND REPAIR WORK
5.1 Any claim made in terms of this guarantee must be made within 30 (thirty) days of the consumer discovering any defect or failure that initiates the claim;
5.2 The consumer shall notify Martin Vosloo Paints of the claim providing full details of the claim;
5.3 Martin Vosloo Paints shall be entitled to inspect the alleged claim and has the right to perform any tests in respect thereof, and may also conduct tests by means of any person or organisation nominated by Martin Vosloo Paints. The results of the tests is final;
5.4 The consumer shall not be entitled to perform any repairs or tamper with any part of the coating before the inspection;
5.3 The consumer shall provide any other information as Martin Vosloo Paints may require, including details of waterproofing maintenance work;
5.4 Martin Vosloo Paints shall do its best to ensure that the paint required for the repair work is available as soon as possible, but does not take responsibility for and delay in this respect;
5.5 Martin Vosloo Paints, shall be entitled to:
5.5.1 control repair work which is to be carried out in accordance with all its specifications and instructions.