By varad lanke, 16 July, 2024
The Product

HomeShield Dampstop Duo is a specially formulated premium quality acrylic primer with superior alkali, damp and efflorescence resistance properties both from positive and negative sides of the wall. It consists of penetrative polymer in combination with pore blocker which blocks the surface porosities of plastered wall/putty and hardens the surface to effectively counter the dampness both from the positive and negative side. Dampstop Duo also prevents alkali leaching/efflorescence and enhances the durability of the topcoat paint system.

The Warranty Cover

a) Request for registration of the warranty has to be made by the customer online within thirty (30) days from the date of invoice.

b)For sites where the consumption exceeds 40 litres, the Company’s authorized representative will inspect the surface to be coated and only if the inspection is satisfactory will hand over the Dampstop Duo application check list. In case the pre-inspection is found to be unsatisfactory, corrective measures will be suggested and thereafter an inspection may be carried out by the Company’s representative to validate.

c) Customer must ensure that the contractor carries out application as per Product data sheet and application checklist.

d) Post completion of the application of Dampstop Duo, the customer has to submit the following information to the Company:

e) The customer shall attach stamped receipt of all purchases of the Product to the warranty certificate and retain the same during tenure of the warranty.

Terms Of This Warranty

a) This Warranty shall commence from the date of purchase ________________ of the Product and it has to be consumed within 90 days from the date of purchase.

b) The Company at its sole discretion may appoint a person to inspect and validate the application process of the Dampstop Duo as per the directions specified.

c) The Warranty shall be for a period of FIVE (5) years from the Commencement Date on all performance parameters.

d) It is hereby agreed that where any claim arises during the warranty period, the period will continue only from the original date of purchase and the Commencement Date of warranty shall always be the original date of purchase even after settlement of any claim(s).

Notwithstanding anything contrary mentioned herein, this warranty is the customer’s sole remedy and no other express or implied warranty is provided or shall be applicable.

This liability of the Company shall be strictly limited to the above-mentioned obligations and is expressly provided that the Company shall not be liable for any indirect or consequential or incidental damages or any loss of income, profits or contracts whether caused by breach of contract, negligence, tort or otherwise.

The Customer understands and agrees that the Company’s maximum liability under this warranty shall be the remedy as provided in clause no. 5. It is clarified that no representative of the Company or any other person has any authority whatsoever to assume for the Company any other liability or responsibility in this respect

Applicability

a) The Warranty shall apply only:

I. If the total volume of Dampstop Duo purchased and used in a particular site exceeds 40 litres.

II. Dampstop Duo to be used only as undercoat on vertical exterior surface following recommended system application.

III. After application of Dampstop Duo, suitable Lewis Berger/Berger Paints topcoat (Weathercoat Long Life 10/Weathercoat Long Life Flexo/Weathercoat Long Life 7/ Weathercoat Anti Dustt/Weathercoat Champ/Weathercoat Glow) (henceforth referred to as “Top Coat”) to be applied following suggested application process. Life of top coat should be more than 5 years as per the Company’s warranty policy.

IV. For individual site, where the consumption exceeds 40litres, the warranty shall be applicable subject to a satisfactory pre-inspection of the exterior vertical surface to be coated with Dampstop Duo by the authorized representative of the Company.

V. The entire vertical surface along with the parapet walls shall be required to be coated, as per the procedure recommended by the Company.

VI. It is specifically agreed that only the surface that has been coated with Dampstop Duo shall be covered under this warranty. The warranty shall not cover problems or issues caused due to moisture/water seepage from surfaces not coated with Dampstop Duo.

VII. Request for registration of the warranty has to be made by the customer to the Company or to the Company’s authorize dealer within seven (7) days from the date of material purchase. The original copy of the invoice(s) has to be retained by the customer and to be produced to the representative of the Company on demand. Dampstop Duo has to be purchased either directly from the Company or from its dealers.

VIII. The Company’s authorized representative will visit the customer’s site for an inspection within reasonable time from the registration date.

IX. Where any claim arises during the warranty period, the period will not start afresh after settlement of the claim.

X. Company under this Warranty is limited only to Coating Failure. The Company shall not be liable in case of any defects arising out of workmanship.

XI. Any extra cost shall be borne by the customer and the Company shall in no way be liable and held responsible for the same.

b) In accordance with Liability as indicated in clause no. 5, the Company’s liability will be limited to providing replacement of Dampstop Duo for re-application of coating, as may be necessary and deemed fit by the Company to set right the Coating Failure in the affected areas only.

c.) The words "Coating Failure" shall mean any of the following occurring, subject to the other conditions of this Warranty:

i. Failure of Exterior Positive Waterproofing caused due to water ingress through the coatings on the surface.

ii. Film integrity, flaking and peeling of Dampstop Duo, caused by one coat of Dampstop Duo coming off from another or Dampstop Duo film coming off from the substrate, due to failure in exterior positive side waterproofing.

iii. Coating Failure does not mean flaking and peeling of Dampstop Duo, caused by one coat of Dampstop Duo coming off from another or Dampstop Duo film coming off from the substrate, because of water ingress or moisture source or seepage through surfaces due to leakage or cracks or pipe leakage etc.

Warranty Liability

a) The Warranty only provides for replacement cost of the Product as per the reducing scale provided hereinafter, solely for re-application purposes, in order to make good the affected areas.

Duration from the effective date

Limit of replacement cost for any 

such re-application (%)

In the first 12 months after Commencement Date100
After month 12 to month 24 after Commencement Date70
After month 24 to month 36 after Commencement Date50
After month 36 to month 48 after Commencement Date30
After month 48 to month 60 after Commencement Date10

b) The Company's maximum liability under this warranty shall be limited to replacement of material only.

c) Replacement of material shall mean the product only required to set right the area where paint failure has occurred, at the time of the lodgment of claim. Replacement shall not include cement, sand, polymer, paint system and labour cost. The Customer will be liable for the balance costs, which are not Company’s obligations, as indicated above.

d) The Company will not be liable for any other indirect or consequential loss or damage to the customer or to any other person. The customer's exclusive and sole remedy under this Warranty shall be as stated herein in this clause.

Warranty Exclusions

The Warranty shall not be valid in the following cases:

a) The vertical surfaces are not coated with the Dampstop Duo.

b) Water ingress through exterior vertical surfaces on any part of the structure not protected with Dampstop Duo.

c) Water leakage or seepage in the walls through exterior sources such as broken water pipes, damaged sewerage lines, water leakage from toilets and kitchens due to faulty or rusted pipelines, damage in concrete or brickwork, dripping of water or water leakage from any source including but not limited to vegetation, air-conditioning units and plant pots, water leakage, seepage and continuous dampness from water penetration due to capillary rise from the ground level, etc.

d) Fungal or fungal growth on surface other than masonry walls.

e) Defects in the design of the building including the roof.

f) Water logging due to inadequate housekeeping of terrace or roof.

g) In case of any change in the building or the structure post painting.

h) Failure or damage caused by the previous coating, if any.

i) Structural defects including cracks up to 3 mm not cured with Home Shield Crackfill Paste and larger cracks not cured with Home Shield Advance Latex Plus.

j) Improper surface preparation such as presence of contaminants or moisture.

k) Exposure of the painting system to damaging substances including but not limited to solvents, chemicals including acids and strong alkali or obligations.

l) Mechanical damage or damage of film due to high abrasion of the surface with sharp objects.

m) Damages resulting from leakages arising out of additional installation not consistent with the Dampstop Duo.

n) Water leakage/seepage from external or internal drain pipes present on the structure.

o) Failure of the underlying plaster or putty coat or any other coat which in turn causes the failure of Dampstop Duo.

p) Application of low quality top coat on top of Dampstop Duo. Any top coat used over Dampstop Duo, must have minimum 5 years life warranty from BERGER PAINTS INDIA Ltd.

q) Dampstop Duo is not consumed within 90 days from the date of purchase.

r) Causes other than defects in the painting system.

s) For reasons not under the control of the Company:

  • Vegetative growth, excessive bird droppings, spitting, damage caused due to insects
  • Vandalism
  • Acts of God including but not limited to earthquakes, cyclones, floods, torrential rain
  • Normal wear and tea
  • Abuse or negligence by the customer
  • Failure due to reasons solely attributable to the contractor/painter
Claims

a. Any claim made in terms of this Warranty shall be made within seven (7) days of the customer discovering any defect, damage or failure which gives rise to a claim.

b. The customer shall forthwith notify the Company of the claim providing full details thereof, and shall set out the basis on which it prima facie believes that the Company is liable in terms of this Warranty.

c. The Company reserves the right to carry out a detailed inspection of Dampstop Duo application process, in which Dampstop Duo is alleged to have supposedly failed and to perform any tests in respect thereof, and may do so either by itself or by means of any expert nominated or appointed by it. Prior to such inspection or testing, the customer shall not be entitled to perform any repairs to or remove or tamper with any part of the Dampstop Duo system.

d. The Company, in its sole discretion shall be entitled to:

  1. i. Control/monitor re-coating. The re-coating to be carried out in accordance with the recommendations and instructions provided by the Company
  2. ii. Appoint a contractor and/or approve the contractor appointed by the Customer.
General Terms

a) This Warranty disclaims any liabilities, in contracts, tort or otherwise including negligence and strict liability. There are no warranties expressed or implied under law, which extend beyond the warranty set out herein. 

b) This Warranty is non-assignable and non-transferable. 

c) In case of any dispute, the same is subject to exclusive Jurisdiction of the courts at Kolkata. 

d) All parties at all time will keep all matters and facts concerning any dispute, confidential. 

e) The section headings in this Warranty are for convenience of interpretation only and do not have any legal or contractual effect.