Guarantee Terms and Conditions.
Top Paints (Pty) Ltd has been manufacturing quality products and protective systems since 1971. We take pride in our products and services as a company focused on adding value to people’s lives and their projects. Top Paints is proud to back our products with the following guarantees if applied according to our terms and conditions.
Trend Range: 8-year film guarantee
|Trend Range Product||Interior||Exterior|
|Trend Roof and Paving||Not applicable||Roofs|
|Trend Texture||Not applicable||Walls|
|Trend Walls and Ceilings||Ceilings||Not applicable|
|Trend Gloss Enamel||Interior surfaces||Not applicable|
|Trend Eggshell Enamel||Interior surfaces||Not applicable|
Signature Series: 12-year film guarantee
|Signature Series Product||Interior||Exterior|
|Signature Texture||Not applicable||Walls|
|Signature Matt||Walls||Not applicable|
|Signature Roof and Paving||Not applicable||Roofs|
|Signature Low Sheen||Walls||Not applicable|
|Signature Super Sheen||Walls||Walls|
|Signature Topklad||Not applicable||Walls|
|Signature Gloss Enamel||Interior surfaces||Not applicable|
|Signature Eggshell Enamel||Interior surfaces||Not applicable|
- The guarantee and liability of Top Paints are limited to the product as per the specifications in the tables above.
- The guarantee is applicable to the total purchase price of all preparatory and final coats not exceeding R16 000.00, inclusive of VAT.
- If the purchase price exceeds the amount of R16 000.00, inclusive of VAT, Top Paints must be contacted to register the project under our Applicator Guarantee System. Terms and conditions apply.
- All products, including primers, intermediate and final coats, must be used as a system and must all be Top Paints products, unless otherwise specified by an appointed Top Paints representative, in writing.
- The project must be registered within 30 days of purchase of product(s) for the guarantee to be in effect. Proof of purchase receipts and photos of the project and substrates before paint application must accompany the initial registration. Register on our website: www.toppaints.co.za.
- In the event of paint failure due to product failure, Top Paints shall only replace product(s) to rectify the affected area. Top Paints shall not be liable for costs incurred in regard to labour, delays or any other items not directly resulting to and from its product(s).
- The guarantee is not transferable to any third party.
- The guarantee will be effective in the event that all preparation and application procedures are followed as specified in the specific product’s Technical Data Sheet available on request from Top Paints. A summary thereof is available on www.toppaints.co.za but this should not be deemed the full or complete Technical Data Sheet. The onus rests on the consumer to familiarise him/herself with the correct preparation of the substrate, moisture level minimums and dry film thickness requirements.
- This guarantee is only applicable in the Republic of South Africa.
Top Paints shall reduce its liability of the Trend Range guarantee according to the following table:
|Year||Liability % on Product|
Top Paints shall reduce its liability of the Signature Series guarantee according to the following table:
|Year||Liability % on Product|
The replacement cost will be the cost of the paint at the time of the claim. The consumer will be liable for the balance of the replacement costs, which is not covered by Top Paints.
Pro-rata deduction is understood as the reduction of the liability of Top Paints measured against the years of exposure of applied product(s).
The first year is guaranteed at 100% of the original product value. The remaining years, as indicated in the sliding scale above and per product, will be deducted pro-rata per annum on a reducing product value to zero at the end of the specified year period.
The following is covered by the guarantee:
- Cracking of the paint film.
- Blistering of the paint film, if visible.
- Adhesion failure or inter-coat adhesion failure where Top Paints products have been used in its entirety, from primer direct to substrates as well as top coats.
- Chalking will not exceed a film loss of more than 7 µm per annum.
- Colour change up to 5 years within reasonable parameters. Beyond 5 years is not considered. Limitations and exclusions
Limitations and exclusions
Top Paints shall not be liable for:
- Previously painted surfaces where the existing coating has adhesion or inter-coat adhesion failure.
- Any coating damage outside of Top Paints’ control. This can include, but is not limited to, welding, pollution, exposure to high heat, vandalism, acts of God, incorrect cleaning methods or chemicals used, electrical damage, incorrect use of product, abuse, neglect and accidental damage.
- The resulting paint failure due to a specific shape, configuration or the characteristics of a substrate, where because of the above, makes preparation or coating of the substrate more difficult or less than favourable. This can include, but is not limited to, handrails, roof screws,
rivets, design flaws, building flaws, holes, crevices and exposed and parapet walls.
- Electrochemical action or chemical action resulting in metal deterioration.
- Any direct or indirect damage, loss and expense 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.
- Coating damage arising from deterioration or movement of substrate caused by any other substance or condition. This will include plaster, hairline and/or structural cracks.
- Failure of any coating as a result of moisture measured to be higher than 15%. This includes rising damp.
- Failure of a coating where incorrect application or preparatory steps were taken.
- The guarantee is not applicable to boundary and / or freestanding walls.
- Any product other than Top Paints used in conjunction with a specific Top Paints system.
Claims and repairs
- Any claim must be made within 30 days of the consumer discovering any defect, damage or failure that gives rise to a claim
- Top Paints must be notified of the claim, providing full details thereof, and the consumer must set out the basis on which it believes that Top Paints is liable in terms of the guarantee. Top Paints shall inspect the alleged paint failure, in which the coating is alleged to have failed and
perform tests in respect thereof and may do so either by itself or by means of any person nominated by Top Paints. Prior to inspection or testing, the consumer will not be permitted to perform any repairs to or remove or tamper with any part of the coating.
- The consumer must provide any further information, records or details as Top Paints may require.
- Top Paints shall do its utmost to ensure that the replacement product(s), in the event of a failure, be made available as soon as possible after receiving a written request. Top Paints does not assume liability for delay in this regard.
Nothing in this guarantee is intended to limit the liability of Top Paints or the remedies of the customer in any way that would contravene the provisions of any applicable law in South Africa, including the Consumer Protection Act of 2008, hereinafter referred to as CPA. Despite the other provisions of this guarantee, if and to the extent the CPA applies, the customer will have such rights and remedies as set out by the CPA, but only in accordance with the provisions of and time periods set out thereby.