SUPERIOR PRODUCTS

INTERNATIONAL II, INC.

 

SUPERIOR PRODUCTS INTERNATIONAL II, INC.

FIVE-YEAR INTERNATIONAL PRODUCT LIMITED WARRANTY (08-08)

 

Superior Products International II, Inc. (“SPI”) warrants that its coating products (the “Product
or Products”) are manufactured in accordance with published specifications and are free from
defects in material and workmanship which would affect performance during normal usage when the
Product(s) is used for its intended purpose and is properly applied and maintained.

1. The limited warranty period for the Product(s) is Five (5) Years commencing on the date of
purchase of the Product(s).
The limited warranty extends only to the original Buyer of the Product(s) and is not assignable or
transferable to any subsequent buyer/end-user without the express written consent of SPI.

2. SPI shall not be liable for any defects in the Product(s) or for any losses or damage
resulting from such defects unless written notice of such defects is given promptly by Buyer to SPI
by certified mail within fourteen (14) days after the defects have first been discovered or could
reasonably have been discovered by inspection of the Product(s). SPI shall have the right to
inspect the observed defects and to be the final determining agent in deciding whether the failure
was caused by a defect in the Product(s) or by some other factor. SPI shall have no obligation
with respect to any claim unless the allegedly defective Product(s) is set aside, protected, and
made available for inspection by SPI’s representatives and unless Buyer provides the required
substantiation and evidence for the claim.

a. SPI shall not be responsible for any repairs or replacement made by others who are not
authorized by SPI to make such repairs or replacements, and any such action shall void this limited
warranty. During the limited warranty period, SPI and its agents, employees, and
representatives shall have reasonable access to the property, equipment, surfaces, etc. upon
which the Product(s) was applied to conduct inspections and tests as deemed necessary.

3. During the limited warranty period, SPI will repair or replace, at SPI’s option,
any Product(s) if such repair or replacement is needed because of an alleged defect in the
Product(s) under the terms of the limited warranty. SPI’s limit of liability under the limited
warranty shall be the actual cash value of the Product(s) at the time that the Buyer gives notice
of the product failure less a reasonable amount for usage. Any warranty service shall be
undertaken on the basis of working a regular eight (8) hour shift on a Monday through Friday basis
exclusive of statutory holidays.

4. This limited warranty does not cover damage or defects resulting from or in any way
attributable to any of the following conditions:

a. The Product(s) was not prudently applied by a licensed, trained, and insured professional
according to application instructions and recommendations by SPI through its printed materials.

b. The Product(s) has been subject to abnormal use, abnormal conditions, exposure to chemicals,
unauthorized modifications, unauthorized repair or replacement, neglect, accident, misuse,
abuse, alternation, improper installation, or other acts which are not the fault of SPI,
including without limitation damage caused by vandalism, penetration, infiltration, third parties
(defined as anyone other than the applicator or authorized representative of SPI), foreign objects
or agents, including plant or animal life, and traffic or storage of materials on or next to the
Product(s) that may adversely affect the life of the Product(s).

c. The property, equipment, or surface to which the Product(s) has been applied has been
subject to damage caused by faulty construction or design, movement, neglect, accident, misuse or
abuse, abnormal wear and tear, weights or loads allowed to accumulate, or other failure of the
property, equipment, or structure.

d. The Product(s) or the property, equipment, or surface to which the Product(s) has been
applied has been subject to damage caused by natural causes, including without limitation acts of
God, ice, snow, rain, high winds, fire, floods, lightning, hail, windstorms, cyclones,
hurricanes, tornadoes, earthquakes, or other extraordinary or unusual events.

e. The Buyer has failed to exercise reasonable care in the maintenance and care of the
property, equipment, or surface to which the Product(s) was applied.

f. Any cause or condition other than a manufacturing defect in the Product(s) attributable to
SPI.

g. Payment in full for the Product(s) has not made to SPI within the specified time frame of
original sale.


5. THE FOREGOING LIMITED WRITTEN WARRANTY IS EXPRESSLY IN LIEU OF ALL OTHER WARRANTIES OF
ANY KIND (INCLUDING WITHOUT LIMITATION IN ADVERTISING MATERIALS, BROCHURES, OR OTHER
DESCRIPTIVE LITERATURE) BY SPI OR ANY OTHER PERSON, EXPRESS OR IMPLIED, INCLUDING ANY
WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR A PARTICULAR PURPOSE, AS TO THE CONDITION
OR PERFORMANCE OF THE PRODUCT(S) OR OTHERWISE AND OF ALL OTHER OBLIGATIONS OR
LIABILITIES OF SPI, AND SPI NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SPI ANY
OTHER LIABILITIES.

6. LIMITATION OF LIABILITY AND REMEDIES.

a. THE FOREGOING WRITTEN LIMITED WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE REMEDY AGAINST SPI
FOR THE FURNISHING OF DEFECTIVE PRODUCT(S) GIVING RISE TO, OR WHICH IS THE SUBJECT OF, THE CLAIM
WHETHER SUCH CLAIM ALLEGES BREACH OF WARRANTY, BREACH OF CONTRACT, TORTIOUS CONDUCT INCLUDING
WITHOUT LIMITATION NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

b. SPI DISCLAIMS LIABILITY FOR INDIRECT, SPECIAL, INCIDENTAL, CONTIGENT, OR CONSEQUENTIAL
DAMAGES (INCLUDING WITHOUT LIMITATION PROPERTY DAMAGE, LOSS OF ANTICIPATED BENEFIT OR PROFITS,
LOSS OF SAVINGS OR REVENUE, LOSS OF USE OF THE PRODUCT(S) OR ANY ASSOCIATED PROPERTY,
FACILITIES, OR EQUIPMENT, COST OF ANY SUBSTITUTED PROPERTY, FACILITIES, OR EQUIPMENT, COST
OF CAPITAL, PUNITIVE DAMAGES, LABOR EXPENDED, DELAYS, DOWNTIME, LOSS OF USE, CLAIMS OF THIRD
PARTIES) RESULTING FROM THE PURCHASE OR USE OF THE PRODUCT(S) OR ARISING FROM BREACH OF THE LIMITED
WARRANTY, WHETHER SUCH CLAIM ALLEGES BREACH OF WARRANTY, BREACH OF CONTRACT, TORTIOUS
CONDUCT INCLUDING WITHOUT LIMITATION NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF
SPI KNEW OF THE LIKELIHOOD OF SUCH DAMAGES. SPI SHALL NOT BE LIABLE FOR DELAY IN
RENDERING SERVICE UNDER THE LIMITED WARRANTY OR FOR LOSS OF USE DURING THE PERIOD THAT THE
PRODUCT(S) IS BEING REPAIRED OR REPLACED.

7. DISPUTES AND ARBITRATION. Any dispute, controversy, or claim that may occur between SPI and
Buyer arising from or related in any manner to this limited warranty shall be referred to and
finally resolved by binding arbitration before the International Centre for Dispute Resolution
(“ICDR”) in Johnson County, Kansas, in accordance with the International Arbitration Rules of the
International Centre for Dispute Resolution before a panel of three (3) arbitrators. This
agreement to arbitrate shall be specifically enforceable under the applicable arbitration laws
and/or civil laws. The arbitrator(s) shall be governed by the laws of the State of Kansas, United
States of America, excluding its conflict of laws rules, in the determination of any dispute. The
arbitrator(s) shall be expressly prohibited from awarding punitive or exemplary damages against any
party to this limited warranty. The decision/award of the arbitrator(s) shall be final and
binding upon the parties, and judgment may be entered upon such decision/award in accordance with
applicable law in any court having jurisdiction thereof.

8. The failure of SPI at any time to enforce any of the terms and conditions of this limited
warranty shall not be construed to be a waiver of such provisions.