These are the Terms and Conditions on which Cougar Coatings Ltd (herein called "the company”) is willing to trade with you. Any variation to these terms and conditions must be in writing and signed by an authorised officer Of Cougar Coatings Ltd.

Definitions

• ‘CLIENT’ means the person named on the Quotation for whom Cougar Coatings has agreed to provide the Specified Service in accordance with these Conditions.
• ‘CONTRACT’ means the contract for the provision of the Specified Service.
• ‘INFORMATION' means any document map, plan, graph, drawing or photograph or other materials, and any data or other information provided by the Client relating to the Specified Service.
• 'QUOTATION' means the specification sheet to which these Conditions are appended.
• 'SPECIFIED SERVICE means the service to be provided by Cougar Coatings for the Client and referred to in the Quotation.
• 'COUGAR COATINGS means Cougar Coatings Ltd (Company registration number. 3182385) Of Unit 25 Manor Farm, Collum Lane, Kewstoke, North Somerset, BS22 9JL.
• 'COUGAR COATINGS CHARGES' means the charges shown in Cougar Coatings Quotation relating to the Specified Service from time to time.
• ‘WARRANTY’ extends up to one year.
• ‘EXTENDED’ warranty or extends beyond one year to specified duration.

The headings in these Conditions are for convenience only and shall not affect their interpretation.

Specified Service

1. The Contract is made at the time Cougar Coatings receives from the client written acceptance of the Quotation.
2. Any changes or additions to the Specified Service or these Conditions must be agreed in writing by Cougar Coatings and the Client. Cougar Coatings will prepare cost reports at intervals agreed with the Client, which will specify any agreed changes and the price for them, as the case may be.
3. The Client shall at its own expense supply Cougar Coatings with all necessary information relating to the Specified Service within sufficient time to enable Cougar Coatings to provide the Specified Service in accordance with the Contract. The Client shall ensure the accuracy of all Information.
4. The Client shall at its own expense retain duplicate copies of all information and insure against its accidental loss or damage. Cougar Coatings shall have no liability for any such loss or damage, however caused.
5. The Specified Service shall be provided in accordance with the Quotation (as amended by any costs reports, if appropriate and agreed) subject to these Conditions.
6. Cougar Coatings may correct any typographical or other errors or omissions in any brochure, promotional literature, Quotation or other document relating to the provision of the Specified Service without any liability to the Client.
7. Cougar Coatings may at any time without notifying the Client make any changes to the Specified Service which are necessary to comply with any applicable safety or other Statutory requirements, or which do not materially affect the nature or quality of the Specified Service.
8. On completion of the Specified Service, Cougar Coatings will notify the Client and the Client will be invited to inspect the works.
9. Cougar Coatings undertakes that it will make good any incomplete or defective works, provided that;
1. A snagging list has been provided in writing to Cougar Coatings Within 5 days of the Client's inspection;
2. Such defects are found to Cougar Coatings' satisfaction to have arisen solely from faulty workmanship or materials supplied by Cougar Coatings.
3. The work is returned to Cougar Coatings Premises for processing.
10. If site work is required. to enable Cougar Coatings to perform its obligations under this contract. the Client shall
1. Provide Cougar Coatings promptly with all Information reasonably required by Cougar Coatings;
2. Provide suitable working space and facilities;
3. Comply with all reasonable health and safety recommendations specified by Cougar Coatings;
4. Ensure that the Client's propertv is at all times insured; and
5. Notify their insurers that Cougar Coatings are on site during provision of the Specified Service.

Estimating and Quoting

1. A customer enquiry can be made verbally in person or by phone, fax, post or by e-mail, but a written purchase order must be supplied before commencement Of work to avoid misinterpretation of instructions. A quotation from Cougar Coatings will include a description of the components, detailing approximate sizes, quantity and an outline of the job painting specifications. It is for the customer to examine the details of the quotation and be satisfied:
1. We have made the Correct interpretation of the enquiry
2. Such defects are found to Cougar Coatings' satisfaction to have arisen solely from faulty workmanship or materials supplied by Cougar Coatings.
3. The work is returned to Cougar Coatings Premises for processing.
2. Quotations are returned to the customer by email or post.
3. All prices for quotations will be maintained for 3 months; longer periods can be arranged, by prior agreement. Surcharges are occasionally made; see galvanising. colour; quoting.

Purchase Orders

1. Cougar Coatings requires a purchase order for every job. Information to include:
1. Who the job is for
2. General description. (this can be a sketch or engineering drawings).
3. Type of environment. (inland, marine heavy industrial or traffic).
4. Colour (stating a R-AL/BS number, not name of colour).
5. The Cougar Coatings quotation number, if one has been allocated.

Charges

1. Subject to any special terms agreed, the Client shall pay Cougar Coatings Charges and any additional sums which are agreed between Cougar Coatings and the Client for the provision Of the Specified Service or which, in Cougar Coatings sole discretion, are required as a result of the Client's instructions or lack of instructions, the inaccuracy of any information or any other cause attributable to the Client.
2. Quotations issued by Cougar Coatings shall be maintained for three months. If the work delivered for processing varies from the quotation given, Cougar Coatings will vary its charge accordingly.
3. All charges quoted to the Client for the provision of the Specified Service are exclusive of any Value Added Tax, for which the Client shall be additionally liable at the applicable rate from time to time.
4. Payment of the Charges may include stage payments throughout the provision of the Specified Service.
5. If payments are specified, then the Client must pay each payment to Cougar Coatings by the agreed date.
6. Cougar Coatings Charges (where stage payments have not been agreed) and any additional Sums payable shall, unless otherwise agreed in writing, be paid by the Client (together with any applicable Value Added Tax, and without any set off or other deduction) within 28 days of the date of Cougar Coatings invoice.
7. Payments are due within 28 days of invoice unless by prior arrangement and agreed Cougar Coatings. Payment of the goods must be made in full (without any offset) - If payment is not made on the due date, Cougar Coatings shall be entitled, without limiting any other rights it may have, to;
1. require payment of any outstanding sums, and require payment in advance of any further work to be carried out in relation to the Specified Service-
2. discontinue the Specified Service with immediate effect;
3. charge interest on the outstanding amount from the due date until the outstanding amount is paid in full;
4. terminate the contract
5. a minimum order charge exists of £50 per colour

Termination

1. The Client shall be entitled to terminate the Contract at any time prior to commencement of the Specified Service by giving not less than one months' prior written notice to Cougar. If the Client terminates the Contract under this condition, Cougar Coatings shall be entitled to claim, and the Client shall pay, all costs and expenses (on a full indemnity basis) which have been properly incurred by Cougar Coatings up to the date of receipt of the notice.
2. Either may (without limiting any other remedy) at any time terminate the Contract by giving written notice to the other if the other commits any breach of these Conditions and (if capable of remedy) fails to remedy the breach within 30 days after being required by written notice to do so, or if the other goes into liquidation, or (in the case of an individual or firm) becomes bankrupt makes a voluntary arrangement with his or its creditors or has a receiver or administrator appointed.

Components fit for painting

1. The component design must be suitable for powder coating.
1. It is for the fabricator/designer to familiarise himself with appropriate and inappropriate methods of fabricating components suitable for painting in external hostile environments.
2. Cougar Coatings will not be responsible for any disassembly of parts prior to coating or assembly of parts after coating. The buyer is responsible for having the product prepared for coating.
3. It is not for Cougar Coatings Ltd to approve or reject the quality of fabrication and design, for its suitability for coating. Cougar Coatings will endeavour to bring to the fabricators attention any design or fabrication concerns prior to painting, but does not accept responsibility for anticipating every design or fabrication area vulnerable to corrosion.
4. Corrosion or paint breakdown, which is the result of areas or conditions unsuitable for painting will be excluded from the extended warranty.
5. The following are some. but not conclusive examples, of situations that should be avoided:
1. There must be no sharp edges left from cutting including: sheering. high pressure water, laser cutting or fabricating.
2. Welds must be smooth. ground if required. There must be no porosity within the weld fillet.
3. Folded returns should be avoided as inside these areas cannot be painted and may trap water.
4. Doors should be supplied separate so there is good access for painting on the door and frame.
5. Water traps must be avoided.
6. Flat areas should not be secured together making these areas inaccessible for painting, allowing moisture or water to be ‘sandwiched’
7. Where two components are not welded together, allowing water to ingress where paint cannot be applied
8. Components that have been laser cut must be bought to our attention so that special procedures can take place to remove its scale.
9. The use of resin fillers must not be used as many cause problems at high temperatures.
10. The use of cutting pastes and other contaminating substances should be avoided or they must be removed from the component prior to delivery.
11. Anti-spatter or other solutions containing silicon must not be used as they react with powder coating.
12. Where folding is too sharp the metal can produce stress cracks, these can be difficult to seal with paint making them vulnerable to corrosion.
13. Protective polythene film should be removed from aluminium prior to welding drilling and grinding, as it will melt
14. Further examples are given in ‘Limitation of liability’. We are happy to give more written or verbal explanations for the above if required.

Component preparation prior to painting

1. Self colour mild steel and Aluminium
1. Cougar Coatings will prepare the components for painting but will not finish its manufacture. It is the responsibility of the fabricator to remove fabrication marks i.e. creases left by break press, deep fabrication scratches, grinding smooth welds. removing weld spatter, rounding off sharp guillotine edges.
2. Galvanised material
1. a. Powder coating over galvanised steel is rarely as smooth and blemish free as painting over blasted steel. Cougar Coatings will fettle the galvanise and endeavour to remove the worst of the lumps. clinker, spikes and any other unsightly marks produced by the galvanizing process. This does not include the build-up of over welded areas unless specifically requested.
3. Some of the components are large and complex in shape and have a galvanised pattern or grain covering the whole surface; we cannot guarantee that every blemish will be removed. If this is a requirement then the component should be fettled before it arrives for painting.
4. Galvanised material is frequently delivered damaged from transit or through rough handling. This can result in the zinc being removed by chipping. In such cases we will attempt to smoothen the jagged edges by grinding. During the heating of the paint process, these edges can reappear due to the different rates of expansion between steel and zinc. There may be visible signs of the original galvanise damage after painting.
5. It should be considered, that by removing all of the blemishes and making the galvanise coating perfectly smooth much of the zinc will also be removed. This will be detrimental for the galvanic protection of the steel. For this reason, Cougar Coatings will not grind the galvanised surface totally smooth.
6. As new materials and techniques become available, we reserve the right to alter our methods of application and materials to improve the specification even after a quotation is submitted.
7. Masking will be completed per written instructions provided by the client. Cougar Coatings will not be responsible for masking areas not indicted on a print or other drawing.

Transport

1. Cougar Coatings staff will assist with the loading of components on to a customer's vehicle, we are happy to advise with safe loading, but the driver has the final responsibility for securing the load. Damage occurring on transit is not our responsibility.
2. Unless otherwise agreed upon, all parts will be repackaged as originally received at Cougar Coatings. Cougar Coatings may discard the original packaging and replace it with new packaging materials that are clean and oil free.
3. Cougar Coatings will make all reasonable efforts to have the goods delivered to the customer as agreed between the parties, but Cougar Coatings will not be liable for the following:
1. failure to deliver or delay any delivery for any reason
2. damage or loss due to unloading or packaging
3. damage to the property caused upon entering premises to delivery the goods

Rights in Information

1. The Client warrants that any information and its use by Cougar Coatings for the purpose of providing the Specified Service will not infringe the copyright or other rights of any third party, and the Client shall indemnify Cougar Coatings against any loss, damages. costs, expenses or other claims arising from any such infringement.

Warranty and Liability

1. Cougar Coatings warrants to the Client that the Specified Service will be provided using reasonable care and skill and, as far as reasonably possible, in accordance with the specification described on the Quotation and at the intervals and within the times referred to in the Quotation. Where Cougar Coatings supplies in connection with the provision of the Specified Service any goods supplied by a third partv, Cougar Coatings does not give any warranty or extended warranty, guarantee or other term as to their quality, fitness for purpose or otherwise, but shall, where possible, assign to the Client the benefit of any warranty or extended warranty, guarantee or indemnity given by the person supplying the goods to Cougar Coatings.
2. If the Client sources their own goods or materials, the Client takes sole responsibility for ensuring that those goods or materials are suitable for the purpose and the Client bears the sole risk if those goods or materials are defective.
3. Cougar Coatings shall have no liability to the Client for any loss, damage, costs, expenses or other claims for compensation arising from any information or instructions supplied by the Client which are incomplete, incorrect inaccurate illegible, out of sequence or in the wrong form or arising from their late arrival or non arrival, or any other fault of the Client.
4. Except in respect of death or personal injury caused by Cougar Coatings negligence, or as expressly provided in these conditions, Cougar Coatings shall not be liable to the Client by reason of any representation (unless fraudulent), or any implied extended warranty. condition or other term, or any duty at common law, or under the express terms of the Contract for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims (whether caused by the negligence of Cougar Coatings, its servants or agents or otherwise) which arise out of or in connection with the provision of the Specified Service or their use by the Client, and the entire liability of Cougar Coatings under or in connection with the Contract shall not exceed the amount of Cougar Coatings charges for the provision of the Specified Service, except as expressly provided in these conditions.
5. Cougar Coatings shall not be liable to the Client or be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of Cougar Coating obligations in relation to the Specified Service, if the delay or failure was due to any cause beyond Coating reasonable control.

Limitation of liability

1. Liability only extends to the painting carried out by Cougar Coatings. It does not extend to other expenses incurred due to removal, temporary support structures, barriers, or costs due to inconvenience caused.
2. Save where Cougar Coatings Ltd has failed to exercise reasonable care of the powder coating shall the product be liable in any circumstances for death or personal injury.
3. Under no circumstances what so ever shall powder coating applied by Cougar Coatings be liable for consequential and indirect loss or loss of profits
4. Cougar Coatings shall not be liable for powder coatings it has been instructed to apply against its approval. This will include: texture finishes including hammer finishes, polyester powder coatings supplied at a gloss level below 20% other than class 3 powders.
5. It is at the discretion Of Cougar Coatings to carry out remedial work to areas of corrosion or other defects that collectively add up to less than 5% of the total coated area.
1. Where remedial work has been agreed due to coating failure attributable to Cougar Coatings Limited; Cougar Coatings under the terms of the extended warranty will undertake (or a contractor they organise) the remedial work in situ. To reflect fair wear and tear the following sliding scale of time verses liability will be used;
• 10 year Limited Extended warranty
• Painted — 12months 100% paid for by Cougar Coatings
• 1st - 2nd year 90 %
• 3rd year 75 %
• 4th year 60 %
• 5th year 35 %
• 6th - 8th year 25%
• 9th - 10th year 10 %
2. Cougar Coatings shall decide on the adequacy of remedial work
3. Should the customer choose to undertake repairs and maintenance without the consent of Cougar Coatings these areas will be excluded from the warranty and extended warranty. (see our maintenance information sheet)
4. Under no circumstances will Cougar Coatings be liable for work carried out by any other party for remedial work unless consented to in writing prior to work commencing.

Exclusions of warranty and extended warranty

1. Cougar Coatings Ltd shall incur no liability for its painting if one or more of the following circumstances apply:
1. Where failure is due to causes such as but not limited to; impact, abrasion, mechanical damage, neglect, or malicious damage
2. Where damage has arisen due to improper storage of the components prior or during fixing (i.e. storing in wet conditions with wrapping, not allowing component to dry).
3. Damage arising from improper cleaning and maintenance on coated surfaces.
4. In the event the product to which our powder coating is applied is regularly exposed to heat in excess of 80 degrees Celsius.
5. Where failure is due to being within five hundred metres of the sea, or due to influence of acid, alkali, industrial or other aggressive emission sources, which are known or believed to be damaging to thermosetting powder coatings. (Unless special provisions have been made).
6. Where the coating failure is due to the use of adhesive tapes, sealants, mastics or other powder coating reactive substances.
7. Where the components' environment humidity exceeds 80%, for 60% of the time, or a combination that amount to the same humidity exposure thereof.
8. Where the failure of the powder coating is attributable to the inappropriate design of the component, i.e. water traps. This can include where flashings are secured against wood battening with-out allowing air to circulate between the two surfaces. See examples above at Components fit for painting.
9. Where the failure of the powder coating is attributable to contamination introduced to the component during manufacture i.e. cutting fluids and lubricants, protective solutions.
10. Where the failure of the powder coating is attributable to actions of the fabricator or other party after painting; this includes cutting drilling or reworking without suitably sealing the metal.
11. Where the frequency of the cleaning has been inadequate. The frequency of the cleaning depends on the environment in which the painting is used. For normal urban environments the paintwork should be cleaned a minimum of every 12 months unless otherwise directed. Marine and areas of high industrial pollution should be cleaned every 3 months, unless a special arrangement is in place. If the paint is exhibiting signs of corrosion the frequency of the cleaning is to be increased.
12. When the cleaning agent has caused harm to the powder coating i.e. the cleaner is too abrasive or the solvent cleaner is too volatile and melts the paint.
13. If the powder coating is greater than three stories in height
14. When notification in writing is not received by Cougar Coatings Ltd within 30 days of any failure of the paintwork becoming apparent so that remedial does not escalate due to excessive corrosion.
2. Any rectification, repair of faults or damage to the powder coating will render those areas and up to one metre away invalidated by the extended warranty.

Extended warranty

1. Cougar Coatings can offer an extended warranty by pre-arrangement. All other projects are warranted for one year.
2. The extended warranty period does not suggest the end of the paint finishes useful life. Depending on the aggressiveness of the environment and a maintained cleaning schedule, the useful paint life can be twice or more than the period warranted.
3. Extended warranties are by pre-arrangement
4. A warranty or extended warranty will only come into effect, and will only be issued, after payment for the project is made in full. The following information is required to issue an extended warranty; details and amendments of standard extended warranty:

• Project
• Project address
• Project contractor
• Employing contractor
• Substrate
• Environmental conditions
• Application start date
• Application finish date
• Extended warranty commencement
• Extended warranty duration
• Cleaning schedule
• Extended warranty term amendment

Cleaning and maintenance

1. Cougar Coatings Ltd require proof that the work warranted is being maintained. Cougar Coatings are to be informed in writing or email prior to commencement of cleaning, checking and maintenance of the coated surfaces so that the work can be witnessed. The maintenance schedule is to be carried out every (please refer to amendments table below).
2. The cleaning procedure is to be directed by competent personnel/company with a process approved by Cougar Coatings in writing.
3. A record of cleaning must be made available when an extended warranty claim is made. If a record has not been kept of the cleaning and maintenance, then no extended warranty claim will be accepted. The cleaning schedule must reflect the hazards of the local environment.
4. A log should be maintained of
1. Cleaning materials used.
2. Dates of what was cleaned.
3. Method of cleaning.
4. Details of cleaning contractors to include contact details.
5. Any rectification, repair of faults or damage to the powder coating will render those areas and up to one metre away invalidated by the extended warranty.

General

1. These Conditions (together with the terms, if any, set out in the Quotation) constitute the entire agreement between the parties, supersede any previous agreement or understanding and may not be varied except in writing between the parties All other terms and conditions, express or implied by statute or otherwise, are excluded to the fullest extent permitted by law.
2. Any notice required or permitted to be given by either to the other under these Conditions shall be in writing addressed to the other party at its registered office or principal place of business or such other address as may at the relevant time have been notified pursuant to this provision to the party giving the notice.
3. No failure or delay by either party in exercising any of its rights under the Contract shall be deemed to be a waiver of that right and no waiver by either partv of any breach of the Contract by the other shall be considered as a waiver of any subsequent breach of the same or any other provision.
4. If any provision of these Conditions is held by any competent authority to be invalid, or unenforceable in whole or in part, the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected.
5. Any dispute arising under or in connection with these Conditions or the provision of the Specified Service shall be referred to arbitration by a single arbitrator appointed by agreement.
6. English law shall apply to the Contract, and the parties agree to submit to the non exclusive jurisdiction Of the English

Claim

1. Any defects in the powder coating for which Cougar Coatings is responsible are to be reported in writing within 30 days of them being discovered so that remedial work does not escalate due to unnecessary corrosion.
2. For a valid claim to be made, the customer shall prove to the reasonable satisfaction of Cougar Coatings Limited, that 5% or more of the total coated area of the project to which has been powder coated by Cougar Coatings has failed to provide sufficient protection to prevent corrosion. Where such failure is due to a defect or error in the formulation, manufacture or application of the powder coating.
3. In the event that an agreement is not reached within 30 days either of the contractual parties may request one of the following companies or an alternative mutually approved company to act as an expert arbitrator. After inspecting the site and hearing the arguments of the parties involved the arbitrator shall objectively establish the causes of the defect and responsibilities for the rectification of the defect. The costs of the expert arbitrator shall be assessed by the arbitrator according to the degree of responsibility for these defects: if responsibility cannot be established the contractual parties shall each carry half of the costs.
4. Cougar Coatings Ltd liability whether in respect of one claim or the aggregate claims, other than the claims for death or personal injury due to negligence on our part, shall not extend to the first £250 of any loss or damage suffered by reason of any failure of the coating.
5. Other than the claims for death or personal injury due to negligence on the part of Cougar Coatings Ltd, liability due to loss or damage suffered by reason of any failure of the coating whether in respect of one claim or the aggregate of various claims shall not exceed 1.5 times the Cougar Coatings invoices value charged for the project application of the powder coating.
6. Cougar Coatings liability shall only apply to the product the coating was applied and is within the shores Of England.
7. If any provision of this agreement is held to be invalid or unenforceable such provision shall be struck out with the remaining provisions remaining in force.
8. The failure of Cougar Coatings to exercise or enforce any right or provision of this agreement shall not constitute a waiver of such a right.
9. Cougar Coatings liability shall be construed and interpreted in accordance with English Law and be subject to the jurisdiction of the English courts only.