3M Warranty. Inclusive of the:

Transcription

1 3M Warranty Inclusive of the: 3M Basic Product Warranty 3M Performance Guarantee 3M Select Gold Partner Warranty 3M Select Gold Rail Partner Warranty 3M Select Platinum Partner Warranty 3M Select Platinum Rail Partner Warranty

2 Contents 1. Definitions 4 2. Warranty and Performance Standards for 3M Products 7 3. Warranty and Performance Standard for 3M Panagraphics III Flexible Sign Face System 9 4. General Warranty Exclusions Use of Non-3M Products General Warranty Limitations M Basic Warranty Limited Remedy M Performance Guarantee Limited Remedy M Select Gold Warranty Limited Remedy M Select Platinum Warranty Limited Remedy M Select Partners Warranty Claims Procedure and Requirements General 22 3

3 3M United Kingdom PLC ( 3M ) makes the following warranties to Graphic Manufacturers, in respect of Finished Graphics manufactured by 3M Select Partners. 1. Definitions For the purposes of this Warranty the following phrases shall have the meanings set out below: 1.1 3M Approved Technologies means digital printer technologies (including, without limitation, Own Equipment Manufacturer (OEM) inks) approved by 3M, for the manufacture of Finished Graphics, written details of which shall be provided by 3M, to the Graphic Manufacturer, from time to time M s Product and/or Instruction Bulletins means documents issued by 3M, from time to time, containing product and technical information and defining the technical standards to be used by Graphic Manufacturers in the manufacture of Finished Graphics and describing handling, abrication and application instructions or recommendations M Specification means a document, signed by an authorised technical representative of 3M, defining the technical specification of an End User programme, including materials to be used and procedures to be complied with in the manufacture of the Finished Graphics under such programme which is attached to a purchase order from the End User. 1.4 End User means the ultimate user of the Finished Graphic or a design, media or advertising agency or applicator acting on behalf of the ultimate End User. 1.5 Finished Graphic(s) means completed graphics or flexible sign faces manufactured in accordance with the Matched Component System. 1.6 Matched Component System or MCS means the system pursuant to which Finished Graphics are produced by a Graphic Manufacturer using only qualifying 3M Products and components, approved by 3M, and manufactured in accordance with 3M s Product or Instruction Bulletins, 3M Specification and using 3M Approved Technologies and subject to the warranties as set out in the 3M Commercial Graphics Warranty Matrix M Products means 3M Commercial Graphic s films, sheeting, liners, flexible substrates, pre-masking & application tapes, inks, toners, edge sealers and clears, and any additional products supplied by 3M for the manufacture of Finished Graphics used only with OEM approved inks M Performance Guarantee means specific performance guarantee(s) for 3M Products when used with qualified OEM inks, as set out in this document and in the 3M Commercial Graphics Warranty Matrix M Select Gold Partner means a Graphic Manufacturer who has met the requirements of and has been authorised by 3M to produce and market 3M MCS Graphics with the benefit of the 3M Select Gold Warranty M Select Gold Rail Partner means a Graphic Manufacturer who has met the requirements of and has been authorised by 3M to produce and market 3M MCS Graphics with the benefit of the 3M Select Gold Rail Warranty M Select Platinum Partner means a Graphic Manufacturer who has met the requirements of and has been authorised by 3M to produce and market, 3M MCS Graphics with the benefit of the 3M Select Platinum Partner Warranty M Select Platinum Rail Partner means a Graphic Manufacturer who has met the requirements of and has been authorised by 3M to produce and market 3M MCS Graphics under the 3M Select Platinum Rail Warranty M MCS Graphic(s) means a printed Finished Graphic produced by a 3M Select Platinum and/or 3M Select Gold Partner and sold under the 3M MCS Graphics trademark. 3M MCS Graphics may at 3M s discretion also include un-printed Finished Graphics Graphic Manufacturer means a 3M Select Gold Partner and/or a 3M Select Platinum Partner Warranties means collectively the warranties contained in clauses 2 and 3 subject to exclusions and remedies set out in this document and Warranty means any one of them Application means the professional application of Finished Graphics. 4 5

4 1.17 Reapplication means the professional application of replacement Finished Graphics Graphic Failure means the failure of a Finished Graphic to meet the Performance Standard set out in clauses 2 and 3 below Warranty Matrix means the matrix available from 3M setting out the different elements of the Matched Component System, their Performance Guarantee(s) and applicable Warranty periods, as amended by 3M from time to time Fleet Applications means commercial vehicles (trucks, cars and vans), buses, trams and trains but excludes private vehicles, aeroplanes, boats, submarines and motorbikes. 2. Warranty and Performance Standards for 3M Products 2.1 Subject to the terms of this document and the exclusions and limitation set out below, 3M warrants that Finished Graphics made entirely from 3M Products including OEM approved inks, using 3M Approved Technologies, and manufactured in accordance with current 3M Product or Instruction Bulletins, or any other current relevant 3M published information will; (a) Remain free from Graphic Failure for the period set out in the Warranty Matrix; (b) If sold as removable or changeable, within the time period, the conditions and the recommended methods stated in the applicable 3M Product or Instruction Bulletin, be able to be removed with less than 30 percent of the adhesive remaining. Claims under this Warranty are expressly conditional upon use of 3M s recommended removal methods and notification to 3M no later than 3 days after the attempted Removal in order that 3M may assist in or verify the removal method. 2.2 The following constitutes a Graphic Failure for the purposes of the Warranty at clause 2.1: (a) Failure of the 3M Product to in any material way to meet 3M s specification of such Product; or (b) Excessive image and/or colour fading, discolouration, crazing, cracking, peeling, gloss changes, or blistering of the Finished Graphic which renders the graphic visually unacceptable (as determined by customary industry standards) when viewed from the intended viewing distance; or (c) Excessive dimensional change, loss of adhesion or topcoat delamination, which renders the Finished Graphic visually unacceptable (as determined by customary industry standards) when viewed from the intended viewing distance. 6 7

5 3. Warranty and Performance Standard for 3M Panagraphics III Flexible Sign Face System 3.1 (a) Subject to the terms of this document and exclusions and limitations set out below 3M warrants that a Panagraphics III Flexible Substrate decorated entirely with 3M Products and manufactured and installed according to current 3M Product or Instruction Bulletins, when made into a Panagraphics III sign face, awning, canopy, or other type of display, will meet the 3M Specification for the period set out in the Warranty Matrix. (b) In the unlikely event that nutrients from mildew are carried onto the Panagraphics III substrate surface and promote its growth 3M warrants that any mildew growth as set out in clause 3.2(c) below will be non-invasive and cleanable provided that methods recommended in 3M s Product or Instruction Bulletins or other product instructions or information provided by 3M from time to time, are accurately and precisely followed. (c) Limited blowout as defined below (vertical sign faces only). The 3M Panagraphics III Flexible Sign Face, used as a component for internally illuminated displays, will remain in good advertising condition (as determined by customary industry standards) for ten years from installation without blowout provided that it has been installed and maintained in accordance with the current 3M Product or Instruction Bulletin. This warranty is subject to the Panagraphics III sign face being installed using only the 3M wedge clamp system. Warranty claims are conditional upon the provision of evidence of annual cleaning (90 days for non-vertical installations) or, if appropriate, more frequent cleaning to minimise effects of any contaminants. The Warranty contained in this clause 3.1 (c) only applies to wind velocities less than or equal to the maximum velocity for which the sign cabinet has been designed. This warranty applies to vertical (90 degrees) Panagraphics III sign faces only and does not include awnings or other similar non-vertical applications. Specific recommendations for cabinet design are contained in 3M s Wind Speed Manual. General conditions 3.2 The following constitutes a Graphic Failure for the purposes of the Warranties at clause 3.1: (a) Fading and Colour Change. In all material respects, failure to retain colour, yellowing (undecorated areas), darkening, or fading to the extent that they are unsuitable for advertising purposes (as determined by customary industry standards), when observed at normal viewing distances. (b) Damage. Splitting of 3M manufactured seams and splices in any material respect, excessive delamination of the substrate, excessive cracking and peeling of applied 3M Products, excessive stretching, wrinkling, excessive sagging of sign faces or awnings and excessive loss of light transmission characteristics. (c) Mildew and Wicking. Excessive wicking (absorption of dirt and contaminants by the internal reinforcing fabric). (d) Limited blowout (vertical sign faces only). A blowout is defined as a material separation of a sign face from its cabinet due to wind pressure, which does not affect the display cabinet or its structure. 8 9

6 4. General Warranty Exclusions 4.1 The Warranties shall not apply in the case of normal wear and tear or damage or deterioration due to weathering. Natural weathering may occur with time causing a gradual reduction in gloss, slight colour change, some lifting of the graphic around its edges or around rivets, and development of a minor amount of cracking. Such changes are not evidence of Graphic Failure or defect and are not covered by the Warranties M shall have no obligation under the Warranties with respect to: A Finished Graphic which has been modified or damaged or which has been misused, abused, neglected, or mishandled or which has not been applied in accordance with 3M Product or Instruction Bulletins or recommendations, including, but without limitation, ink, toner or clear coat damage or removal, base film damage, lifting, or staining caused by chemical or physical means such as, but not limited to, vandalism, cleaning solutions, high pressure washing equipment, mechanical washing equipment, which might subject the Finished Graphic to frequent, vigorously abrasive scouring action, spills of engine fuels, hot exhaust gasses constantly directed at the graphic from a close distance, steam, organic solvents or other spilled chemicals; or (d) Finished Graphics or 3M Products applied to unsound surfaces or to surfaces which subsequently rust, crack, peel, delaminate, outgas, or become damaged beneath the Finished Graphic; or (e) Any Product used contrary to instructions or limitations stated in the applicable 3M Product or Instruction Bulletin. Failure to follow such instructions or limitations will render void all Warranties contained in this document. (f) Physical damage caused by unapproved cleaning procedures, negligence, wilful mishandling or vandalism, including, without limitation, slashing, deliberate peeling of copy, penetration of sharp objects, or damage from paints, solvents or strong chemicals, shall not covered by the Warranty at clauses 2.1 and M shall have no liability for any defects arising in such circumstances. (g) Damage from fire, structural failure, lightning, and other insurable risks or acts of God are excluded from the provisions of the Warranties. (h) Changes in appearance caused by bird deposits or insect secretions, dirt or corrosive products carried onto the 3M Products and Finished Graphics, and other contaminates shall not be covered by the Warranty. 4.3 The Warranties shall only apply: (a) To Finished Graphics which fail to meet the Performance Standards set out in clauses 2 and 3 due to failure of a 3M Product. The Warranties shall not apply to any Graphic Failure, in whole or in part, due to faulty application of the Finished Graphic to the chosen substrate. 3M shall at its discretion determine if the application of the Finished Graphic to the chosen substrate complies with the relevant 3M Product or Instruction Bulletin; (b) Provided that 3M Products and Finished Graphics are stored in accordance with 3M s storage instructions, as set out in 3M s Product or Instruction Bulletin; (c) During the warranty period as set out in the Warranty Matrix or in this document. The period of Warranty shall start from the date of completion of manufacture of the Finished Graphic; and (d) Provided that application of the Finished Graphic to a substrate is completed within 12 months of the date of completion of manufacture of the Finished Graphic. 4.4 In the event of a dispute as to the date of commencement of the Warranty period, 3M shall use its reasonable efforts to agree such date with the Graphics Manufacturer, but in default of agreement, 3M s determinations shall be final and binding. 4.5 Any warranty claim shall be conditional upon payment in full for the Finished Graphic by the End User to the Graphics Manufacturer direct. 4.6 In the event of a Graphic Failure, if the defective graphic has been removed or destroyed prior to physical inspection by 3M Commercial Graphics Application Engineering Department, 3M reserves the right to reject the warranty claim, unless the right to such physical inspection has been waived

7 4.7 Finished Graphics replaced under this Warranty shall carry the un-expired Warranty period of the Finished Graphics they replace M accepts no liability under the Warranties or otherwise for glass breakage. Glass surfaces absorb heat when exposed to sunlight. The degree of absorption may vary due to partial shading, heating and cooling vents, and the insulating characteristics of the frame. The temperature difference across glass may produce stresses, which may cause glass breakage. The ability of glass to resist breakage due to temperature stress is affected by size, thickness, quality cut, edge treatment, tinting of the glass, and the frame design. Caution: Very dark colours must not be used in window applications other than for narrow striping or narrow stroke letters. Large areas of dark opaque colours may greatly increase the risk of glass breakage. 5. Use of Non-3M Products 5.1 The Warranties shall not apply in relation to the graphic quality or durability of Finished Graphics manufactured incorporating non-3m products. If non-3m products are used in the production of Finished Graphics 3M shall have no liability under the Warranties. 6. General Warranty Limitations 6.1 Warranties stated in this document are inclusive and are given in lieu of any, and all, express or implied warranties, representations (other than fraudulent misrepresentation) or conditions, regarding 3M Products, including any implied warranty as to satisfactory quality, fitness for any particular use, or any industry practice, custom or trade usage. 6.2 Other than in the case of fraudulent misrepresentation, death or personal injury due to 3M s negligence, the Warranty represents 3M s entire liability under this Agreement to the Graphic Manufacturer and to the End User. 6.3 Except as specifically stated in this Warranty document, 3M shall not be liable for any other costs, claims, demands, expenses, losses or liabilities in any way related to the performance or use of the 3M Products, incorporated into a Finished Graphic. 3M shall not be liable for any direct, indirect, special, incidental or consequential loss or damage of any kind, including, without limitation, loss of profits, revenue or business resulting from or in any way related to the Products or the Finished Graphics other than death or personal injury caused by the negligence of 3M. This limitation applies regardless of the legal theory upon which damages are sought M s maximum cumulative liability for actual damages for all matters arising out of or relating to this document and the Warranty Matrix is limited to the amount payable under the Warranty. 3M shall not be liable for any indirect or consequential loss, howsoever, arising. 6.5 The Graphic Manufacturer may assign the benefit of the Warranty as set out in this document to its End Users. In the event of variation of the terms of the Warranty (including variation or removal of any exclusions and limitations) the assignment shall be void and 3M shall have no liability to the Graphic Manufacturer or the End User in relation thereto

8 6.6 If the Graphic Manufacturer offers any warranties, guarantees or assurances (whether express or implied), in addition to or which differ or vary from the terms of the Warranty, the Graphic Manufacturer shall, at all times, assume full responsibility and liability thereunder. The Graphics Manufacturer will be liable for any costs, claims, expenses, demands, losses and liabilities arising out of, or in connection with, any such warranty, guarantee or assurance. The Graphic Manufacturer shall indemnify and keep indemnified 3M against any costs, claims, expenses, demands, losses and liabilities which may arise out of, or in connection with, any such warranty, guarantee or assurance. 7. 3M Basic Warranty Limited Remedy 7.1 Other than in the case of claims for death or personal injury caused by 3M s negligence or for fraudulent misrepresentation, the following limited remedies shall apply to any warranty claims under this document to the exclusion of all other remedies: (a) In the unlikely event of a breach of Warranty at clauses 2.1 or 3.1, 3M s sole responsibility shall be to contribute up to the amount specified in 7.1 (b) towards the reasonable costs of replacing 3M Product. (b) 3M s contribution under clause 7.1 (a) shall be limited to the invoiced purchase price paid to 3M for the 3M Product used in the manufacture of any graphic, excluding any VAT, other taxes, delivery, carriage or insurance costs

9 8. 3M Performance Guarantee Limited Remedy 8.1 In the case of Finished Graphics produced following 3M Matched Component System (other than as specified below) the following limited remedies shall apply to any Warranty claims under this document to the exclusion of all other remedies: (a) In the unlikely event that a Finished Graphic produced using the MCS fails to meet the Warranty at clauses 2.1 or 3.1, 3M s sole responsibility shall be to contribute up to the amount specified in 8.1 (b) towards the costs of replacing the Finished Graphic. (b) 3M s contribution under clause 8.1 (a) shall be limited to the invoiced purchase price paid to 3M for the 3M Products used in the manufacture of the Finished Graphic, excluding any VAT, other taxes, delivery, carriage or insurance costs. 9. 3M Select Gold Warranty Limited Remedy 9.1 A 3M Select Gold Partner when producing Finished Graphics may claim the following additional remedy in the event of a Graphic Failure: (a) In the unlikely event that a Finished Graphic fails to meet the Warranty at clauses 2.1 or 3.1, 3M s sole responsibility shall be to contribute up to the amount specified in 9.1 (b) towards the reasonable costs of replacing the Finished Graphic, as agreed between the parties. Such costs shall be agreed in writing and limited to, the cost of Removal of the graphic, the reasonable cost of labour in manufacturing a replacement graphic and the reasonable cost of Reapplication of a replacement graphic. 3M shall not be liable for cost or compensation for machine burden, business overhead, travel, supervision or any other loss, cost, expense of liability. (b) Further, 3M s contribution under clause 9.1 (a) shall be limited to and shall not exceed a maximum of up to twice the invoiced purchase price paid to 3M for the 3M Products used in the manufacture of the applicable Finished Graphic, excluding any VAT, other taxes, delivery, carriage or insurance costs and less any discounts and/or rebates applicable to those products. (c) In the case of Finished Graphics valued over 7500 (excl VAT) at 3M invoice price to the Graphic Manufacturer, 3M s liability shall be conditional on the production of a Specification signed by an authorised officer of 3M prior to supply. 9.2 The remedies available under this document are conditional upon the use of 3M Products in the repair or replacement of any Finished Graphic in relation to which a Warranty claim is made. 9.3 In the event that a Finished Graphic cannot be removed within the terms of the Warranty at clause 2.1 the Graphic Manufacturer s exclusive remedy will be the reimbursement of invoiced costs reasonably and actually incurred by the Graphic Manufacturer, over and above, reasonable removal costs. Such removal costs must be approved, in writing, in advance by 3M

10 10. 3M Select Platinum Warranty Limited Remedy 10.1 A 3M Select Platinum Partner producing a 3M MCS Graphic may claim the following remedy in the event of a Graphic Failure: (a) In the unlikely event that a Finished Graphic fails to meet the Warranty at clauses 2.1 or 3.1, 3M s sole responsibility shall be to contribute towards the reasonable costs of replacing the Finished Graphic, as agreed between the parties. Such costs shall be agreed in writing and limited to, the actual and reasonable cost of Removal of the defective graphic, the actual and reasonable cost of labour in manufacturing a replacement graphic and the actual and reasonable cost of Reapplication of the replacement graphic. It shall not include compensation for machine burden, business overhead, travel, supervision or any other loss, cost, expenses of liabilities. (b) In addition to the amount specified at clause 10.1 (a), 3M may at its discretion reimburse up to a further 20% of the maximum value specified in clause 10.1 (b) to cover additional costs associated with the Graphic Failure. (c) 3M s liability at clause 10.1 shall be conditional on the production of a Specification signed by an authorised officer of 3M prior to supply. (d) In the unlikely event that a Finished Graphic cannot be removed within the terms of the Warranty at clause 2.1 (b), 3M s sole responsibility shall be to contribute towards the actual and reasonable costs incurred over and above the anticipated, standard removal costs of removing the Finished Graphic, as agreed between the parties. Such costs shall be agreed in writing and limited to, the actual and reasonable cost of Removal of the defective graphic, the actual and reasonable cost of labour in manufacturing a replacement graphic and the actual and reasonable cost of Reapplication of the replacement graphic. It shall not include compensation for machine burden, business overhead, travel, supervision or any other loss or cost M Select Partners: 11.1 In the event that a Finished Graphic; (a) has not been supplied or manufactured in accordance with the End Users instructions, specification or requirements, including (without limitation) instructions relating to dimension, type of graphic, any drawings or artwork, or any other information provided to the Graphic Manufacturer; or (b) Does not comply with the 3M Specification or 3M Product or Instruction Bulletins; or (c) Has not been manufactured in accordance with 3M Approved Technologies; The Graphic Manufacturer will replace any failed Finished Graphic at its own expense, to 3M s and the End Users satisfaction. The Graphic Manufacturer shall indemnify and keep indemnified 3M against any costs, claims, expenses, demands, damages, or losses in relation to any such Finished Graphic Other than as provided below, neither 3M or the Graphic Manufacturer shall have any responsibility to repair or replace the failed graphic, in the event that the application of such a graphic does not comply with the application instructions set out in the 3M Specification Document or 3M Product or Instruction Bulletins. If, however, the applicator is an employee or agent of the Graphic Manufacturer, the Graphic Manufacturer shall accept all or any liability for failure due to poor or inadequate application and shall indemnify and keep indemnified 3M against any costs, claims, expenses, demands, damages, or losses in relation to any such Finished Graphic. The Graphic Manufacturer shall advise the End User accordingly

11 12. Warranty Claims Procedure and Requirements 12.1 The Graphic Manufacturer shall notify the End User of its requirement to inform any Graphic Failure to the Graphic Manufacturer in writing and within 14 days of the failure occurring or first being noticed The Graphic Manufacturer shall complete a 3M Warranty Claim Form and return the same to the nearest local 3M Commercial Graphics Application Engineering Department along with any supporting photographic evidence, within 10 days of receipt of notification from the End User On request, the Graphic Manufacturer will supply 3M with any samples of the Graphic Failure within a reasonable time of request Upon receipt of the Warranty Claim Form 3M will use all reasonable endeavours to investigate the complaint and notify the Graphic Manufacturer of its findings within 28 days of receipt, or within 28 days of receipt of samples requested by 3M, whichever shall be the later. 3M may request additional information where required to complete its investigation M Commercial Graphics Application Engineering Department may inspect the defective graphic, in situ, to ascertain the nature and possible cause of the alleged failure M Commercial Graphics Application Engineering Department will advise the Graphic Manufacturer if the claim satisfies the terms of this Warranty The Graphic Manufacturer shall notify the End User of the results of 3M s investigations within a period of not more than 40 days from the date that 3M received the Graphic Manufacturers notice or received any samples requested by 3M Removal of a defective Finished Graphic and Reapplication of the replacement Finished Graphics shall take place at a location deemed to be suitable by 3M Commercial Graphics Application Engineering Department and in compliance with the removal and application instructions set out in the relevant 3M Product or Instruction Bulletin Any replacement or repair of the Finished Graphic required under the terms of the Warranty, shall be completed by the Graphic Manufacturer within a reasonable time, as agreed between the Graphic Manufacturer and the End User The Graphic Manufacturer will permit 3M to inspect its manufacturing facilities, workshops, premises and books, documents, accounts, records and vouchers relating to the replacement of any Finished Graphic

12 13. General 13.1 The Warranties and Limited Remedies stated herein may not be modified except in writing and must be signed by an authorised representative of 3M In a case where the Graphic Manufacturer is domiciled in the United Kingdom, the Warranties and Limited Remedies shall be governed by English Law and the English courts shall have non-exclusive jurisdiction. In a case where the Graphic Manufacturer is domiciled in the Republic of Ireland, the Warranties and Limited Remedies shall be governed by Irish Law and the Irish Courts shall have non-exclusive jurisdiction The Graphic Manufacturer will permit 3M to inspect their facilities for auditing purposes of the 3M approved printing technologies (including OEM inks) and storage or media (before and after being processed/printed/converted) when given adequate notice by 3M

13 Commercial Graphics Division 3M United Kingdom plc 3M Centre Cain Road, Bracknell Berkshire RG12 8HT Tel: Commercial Graphics Division 3M United Kingdom plc 3M House, 28 Great Jackson Street Manchester M15 4PA Tel: Commercial Graphics Division 3M Ireland (Dublin) The Iveagh Building The Park, Carrickmines, Dublin 18, Ireland Tel: commgraphics.uk@mmm.com facebook.com/3mgraphicsuk twitter.com/3mgraphicsuk J Please recycle. 3M All rights reserved.