1 | The warranty is only valid if the delivered product is proven to be applied by the warranty holder in accordance with the rules, the (technical) advice and treatment requirements, the general terms and conditions for paints and printing inks and according to the other conditions of Mighton Ankerstuy and:
2 | The general terms and conditions for paints and printing inks adopted by Anker Stuy Verven BV, which have been declared applicable to the contract associated with this guarantee, apply to this guarantee maintaining the terms as mentioned in article 10, paragraph 7 in so far as the damage is covered by this warranty.
3 | This guarantee can only be invoked by the warranty holder as listed on the cover page of this guarantee.
4 | This warranty is not transferable within the meaning of article 3:94 Civil Code.
That to the extent that if during the period of warranty defects occur, which find their direct and sole cause in the quality of the under warranty supplied paints of Anker Stuy Verven BV and therefore eliminated, at a closed paint film, the protective function of the product, and this is acknowledged by Anker Stuy Verven BV will Ankerstuy Verven BV (re) supply the for recovery required products free of charge and the necessary repainting by a recognised decorator with a minimum of €500, and up to 8x the invoice value excluding VAT of the proven to be defect and under this warranty delivered and paid product also with a maximum of €25.000.
Excluded from the guarantee:
a | any consequential damages, including replacement damages and consequential damages arising out of repairs, whatever name it is called nor from which nature or size it is, such as operational failure, interruption, lost profits evacuation costs, damage to other property or third parties etc., all in the broadest sense;
b | damages caused by or resulting from, structural causes such as subsidence, cracks, damage caused by moisture concentrations, leaks or the like by the failure to implement the directives;
c | damages caused by latent defects, including defects resulting from treatments of the substrate, made by third parties;
d | damages caused by unanticipated blockages during construction, which adversely affect the quality of the work or if the work must be urgently implemented, making the product delivered under warranty example, at too wet surface or under unfavourable conditions affixed;
e | improper use by the warranty holder of this warranty;
f | damage that is the result of normal degradation, little or no maintenance and abnormal use;
g | damage resulting from voluntary or inexcusable neglect of the standards for proper use;
h | damage that is the result of degradation due to mechanical damage;
i | damages resulting from actions in a (civil) war, civil commotion or riot, terrorist- or sabotage acts and the direct or indirect effects of nuclear reactions and/or other chemical external influences;
j | damage from natural phenomena such as floods, landslides, whirlwinds resulting etc;
k | damage due to fire or explosion.