Warranty

Document
DAMP SHIELD ELASTO
 DAMP SHIELD ELASTO WARRANTY

Berger Paints India Limited (referred to as "the Company") offers Six (6) years warranty on its
waterproofing product DAMP SHIELD ELASTO (the “Product”), solely for its application on
exterior vertical surface (plastered, cementitious or Puttied surface) as undercoat following
recommended system specification.

1. Extent and Applicability of Warranty

a) The Warranty shall apply only:

I. If the total volume of DAMP SHIELD ELASTO purchased and used in a particular
site exceeds 100 litres.

II. DAMP SHIELD ELASTO to be used only as undercoat on vertical exterior surface
following recommended system application.

III. After application of DAMP SHIELD ELASTO, suitable Lewis Berger/Berger Paints
top coat (WeatherCoat Longlife/WeatherCoat All Guard/ WeatherCoat Anti
Dustt/WeatherCoat Champ) (henceforth referred to as “Top Coat”) to be applied
following suggested application process. Life of Top Coat should be more than 6 years
as per the Company’s warranty policy.

IV. For individual site, where the consumption exceeds 100 litres, the warranty shall be
applicable subject to a satisfactory pre-inspection of the exterior vertical surface to be
coated with DAMP SHIELD ELASTO by the authorized representative of the
Company.

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

IV. It is specifically agreed that only the surface that has been coated with DAMP SHIELD
ELASTO 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 DAMP
SHIELD ELASTO.
V. 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. DAMP SHIELD
ELASTO has to be purchased either directly from the Company or from its dealers.
VI. The Company’s authorized representative will visit the customer’s site for an inspection
within reasonable time from the registration date.
 VII Where any claim arises during the warranty period, the period will not start afresh after
settlement of the claim.
VIII 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.
IX 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 DAMP SHIELD ELASTO 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 DAMP SHIELD ELASTO, caused by one coat of DAMP
SHIELD ELASTO coming off from another or DAMP SHIELD ELASTO film coming off from
the substrate, due to failure in Exterior positive side waterproofing.

iii. Coating Failure does not mean flaking and peeling of DAMP SHIELD ELASTO, caused by
one coat of DAMP SHIELD ELASTO coming off from another or DAMP SHIELD ELASTO
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.
2. Warranty Registration
a) For sites where the consumption exceeds 100 litres, the Company’s authorized representative will
inspect the surface to be coated and only if the inspection is satisfactory will hand over the DAMP
SHIELD ELASTO 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.

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

c) Post completion of the application of DAMP SHIELD ELASTO , the customer has to submit
the following information to the Company:-
Customer details:
Customer Name
Site Address

Mobile Number
Warranty Request Number

Product details
Product Name DAMP SHIELD ELASTO
Quantity consumed (in litres)

Batch Number(s)

Manufacturing date(s)

Area coated with DAMP SHIELD

ELASTO (in sq. ft.)

Purchase details
Name & Address of Dealer Invoice No. Invoice Date Dealer Stamp

Contractor details
Contractor’s Name

Contractor’s Address
 Contractor’s Tel No. / Mob No.

d) For sites where the consumption of the product exceeds 100 litres, the warranty certificate
will be issued only after satisfactory inspection and validation of the completed site by
authorized representative of the Company. The customer understands and agrees that such
inspection and validation does not imply approval by the Company of the method of
application or compliance with the conditions of warranty but is merely a validation of proper
purchase entitling the customer to the warranty in accordance with the terms and conditions
of this warranty certificate.

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.

3. Commencement and Duration

a) This Warranty shall commence from the date of purchase (“Commencement Date”) 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 DAMP SHIELD ELASTO as per the directions specified.

c) The Warranty shall be for a period of six (6) 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 abovementioned 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.

4. Application
 This Warranty shall only be applicable where:

a) DAMP SHIELD ELASTO has been used on vertical exterior masonry wall surfaces only
and that the entire surface including the parapet walls are coated.

b) All elements of surface preparation prior to the application and application work have been
done in accordance with the instructions provided for DAMP SHIELD ELASTO with
regard to surface preparation and application procedure as recommended by the Company
in the Product Data Sheet.

c) Final coverage achieved after completion of the application of DAMP SHIELD ELASTO,
in accordance with the specified process, will be within 50 sq. ft. /Litre / 2 Coats

5. 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.

1. In the first 12months after Commencement Date - 100% of replacement cost;

2. After month 12 to month 24 after Commencement Date - 80% of replacement cost;
3. After month 24 to month 36 after Commencement Date - 60% of replacement cost;
4. After month 36 to month 48 after Commencement Date - 40% of replacement cost;
5. After month 48 to month 60 after Commencement Date - 20% of replacement cost;
6. After month 60 to month 72 after Commencement Date - 10% of replacement cost;

b) The Company’s Liability shall be limited to the cost of the Product i.e., DAMP SHIELD
ELASTO only.

c) 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.

6. Exclusions
The Warranty shall not be valid in the following cases:
 (a) The vertical surfaces are not coated with the DAMP SHIELD ELASTO.
(b) Water ingress through exterior vertical surfaces on any part of the structure not
protected with DAMP SHIELD ELASTO.
(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 oils.
(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 DAMP SHIELD ELASTO.
(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 DAMP SHIELD ELASTO.
(p) Application of low quality Top Coat on top of DAMP SHIELD ELASTO. Any Top Coat used
over DAMP SHIELD ELASTO, must have minimum 6 years life warranty from BERGER
PAINTS INDIA Ltd.
(q) DAMP SHIELD ELASTO 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 tear.
 Abuse or negligence by the customer.
 Failure due to reasons solely attributable to the contractor/painter.

7. Claims and Repairs

 a. Any claim made in terms of this Warranty shall be made within 30 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 DAMP SHIELD
ELASTO application process, in which DAMP SHIELD ELASTO 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 DAMP SHIELD ELASTO system.

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

i. Control/monitor re-coating. The re-coating to be carried out in accordance with

the recommendations and instructions provided by the Company; and

ii. Appoint a contractor and/ or approve the contractor appointed by the

Customer.

8. Miscellaneous:

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.

INSPECTION Checklist for DAMP SHIELD ELASTO and Work Procedure

Areas of application: Cementitious / plastered / puttied exterior vertical surfaces.

The system defined by this pre inspection check list/ report is indicative only for roof waterproofing
and should not be used as a substitute for proper structural check of building, repair construction or
maintenance.

Pre-application Checklist: Do's and Dont's:

● The wall should be in pure dry condition before the application of DAMP SHIELD ELASTO. Newly
plastered/puttied/cementitious surface must be cured properly before the application of DAMP
SHIELD ELASTO. Cementitious substrates to be well cured at least for 6–8 weeks.

● Ensure that the drainage outlets are at a proper level and correctly installed. Also ensure that there
are sufficient numbers of drainage outlets based on the area.

● Check soundness of plaster. Ensure loose portions have been removed and have been redone with
Home Shield Advance Latex Plus polymer modified mortar.

● Carry out proper surface preparation - like widening the cracks with 'V' groove, cleaning thoroughly
with clean water and application of Home Shield Crackfill Paste for cracks up to 3 mm, and usage
of Home Shield Advance Latex Plus polymer modified mortar for larger cracks.

● If severe damages are observed to the soffits, then it is recommended that an inspection is carried
out by a competent Structural Consultant.

● All loose dust, dirt, grease, moss, fungus etc. has been removed mechanically from the surface,
cleaned and is ready for application of DAMP SHIELD ELASTO

● All sharp edges, stones protrusions have been mechanically grounded to level the surface to prevent
DAMP SHIELD ELASTO from getting damaged.

● Plan for proper manpower arrangement.

● Ensure for sufficient quantity of safety gear like safety belts, helmets etc.

● Prepare a schedule of the work with bar chart, for the entire job.

● Assess the quantity of all materials required for the job and check its availability.

During application Checklist:

Note batch nos. and manufacturing dates of all materials received at site.

Ensure that the Surface has been checked to be in a dry condition. (Surface should not be
moist or wet).
Application temperature has been checked to be between 5 deg. and 35 deg. centigrade.

Apply 1st coat of DAMP SHIELD ELASTO with maximum 40% dilution
with water.
DAMP SHIELD ELASTO to be applied with brush or spray gun. To check
that there is no void surface left untreated / uncoated. Allow the first coat
to dry for 6-8 hours.

Apply second coat of DAMP SHIELD ELASTO without any dilution.

To check that there is no void surface left uncoated with second coat.
Allow second coat to dry for 6-8 hours.

Apply suitable Top Coat (having minimum 6 years life warranty. Minimum
2 coats of the Top Coat to be applied following recommended application
process and to check that there is no void surface left untreated / uncoated.
Wash all application tools and hands etc., immediately with water after use.

All corners, gaps, joints, protrusions & outlets to be coated with two extra coats of
DAMP SHIELD ELASTO, before Top Coat application.

During application of DAMP SHIELD ELASTO and Top Coat, proper curing is must.
Sudden rainfall or water flow on the newly coated surface will cause failure to the
painting system and in that case warranty shall not be applicable.

Post Application Checklist:

Protect the DAMP SHIELD ELASTO coating with a polythene / Tarpaulin

sheet if it is expected to rain within 72 hours after application of the 2nd coat.
Notwithstanding anything to the contrary stated herein, the Company in such
cases shall not be liable for failure of the painting system.

Precautions and limitations:

● Stir contents well before use.

● Do not apply on very smooth surfaces, metal surfaces, plastic surfaces, enamel coated
surfaces and old surfaces where chance of adhesion failure is there.

● Avoid coating on damp substrates.

● The coverage may vary according to the nature and texture of substrate.

● Ensure proper coverage of material by conducting a trial prior to execution of work to derive
coverage for guesstimating the material consumption.

● No new erection, fabrication, extension, dismantling should be done after DAMP SHIELD
ELASTO is applied.

All the above mentioned parameters are to be checked and verified for the pre- application,
during application and post application work carried.

Also follow and adhere the precautionary measures as mentioned in the list by the
manufacturer.

Name & signature Name & signature

of the inspecting authority of Project Engineer / Customer / Builder/Owner

Date: Date: