Terms and Conditions - Lifetime Warranty Sikkens

1.     When can it be offered

The Sikkens body shop may offer the Sikkens Lifetime Warranty to vehicle owners provided that (i) only Sikkens’ products are used in the paint repair, (ii) the Sikkens’ products used have been supplied to the Body Shop by AkzoNobel or an AkzoNobel authorized distributor, (ii) the Technical Data Sheet and the Safety Data Sheet are followed, and (iii) the additional Sikkens application recommendations by AkzoNobel are followed. These recommendations may be included in training programs and technical reference manuals.

AkzoNobel can withhold the entitlement of a Sikkens body shop to offer the Sikkens Lifetime.

a) Body shop front-office has an orderly appearance;
b) Equipment on site is properly applied;
c) Compressor check shows lines to be oil and water free;
d) Spraygun(s) are properly maintained, and normally required fluid tips are on hand;
e) The necessary tools, i.e. measuring sticks, mixing cans, paint strainers are on hand;
f) Technical Reference Manual up-to-date, including Technical Data Sheets and Safety Data
g) Color Documentation (MIXIT) up-to date;
h) Scale calibrated and located/maintained per instructions;
i) Sikkens-qualified painter must be permanently employed by the Body shop. Evidence has to be
provided by the body shop that certified jobs have been carried out by or under direct supervision
of a Sikkens-qualified painter;
j) Use only Sikkens recommended and approved product systems and application procedures as
set forth in the Sikkens product Price List at the time of repair on any vehicle covered by the
k) Body shop must maintain a good credit standing with the Sikkens wholesaler or AkzoNobel.

2.     What does it entail

AkzoNobel shall reimburse the Sikkens body shop for the repair costs made pursuant to valid Sikkens Lifetime Warranty claims, in accordance with the Reimbursement Scale in 6. Reimbursement scale, amount and pay-out, provided that the requirements of 2. When can it be offered are met, that none of the exclusions listed in 5. Exclusions apply and that only Sikkens products are used in the paint repair performed.

3.     How will it be communicated

Sikkens Lifetime Warranty marketing materials explain the warranty to the vehicle owner. All Sikkens Lifetime Warranty communication, whether in the form of Hangtags, posters, brochures, leaflets or other, shall require pre-approval of AkzoNobel.

4.     Who can claim

The Sikkens body shop can grant the Sikkens Lifetime Warranty to the owner of the vehicle at the time of the original paint repair. The warranty cannot be transferred to a new owner of the respective vehicle.

5.     Exclusions

AkzoNobel shall not reimburse the body shop for Sikkens Lifetime Warranty claims in the event of:

a) Paint failures due to pre-existing body rust;
b) Scratches, abrasions or stone chips, whether caused intentionally or accidentally;
c) Deterioration of the finish caused by use of detergents or waxes not intended for automobile use, acid rain, industrial fallout or other environmental effects;
d) Solvent blend areas of Sikkens clear coat;
e) Damage caused by another collision;

6.     Reimbursement scale, amount and pay-out

Reimbursement as referred to in 2. What does it entail shall take place during the lifetime of the
vehicle and in accordance with the scale below, whereby the number of years is counted from
the date the vehicle is returned to the vehicle owner after paint repair:

Years Reimbursment
0-3 100%
3-5 50%
5+ 25%

AkzoNobel shall determine the amount of the repair cost to be reimbursed upon its own
discretion. The amount to be reimbursed shall be based on the cost and invoiced amount of the
original paint repair and on the damages shown by the vehicle owner to substantiate his or her
claim under the Sikkens Lifetime Warranty.

If the body shop is entitled to reimbursement, AkzoNobel shall reimburse the body shop either
directly, or via one of AkzoNobel’s authorized distributors.

Subject to local laws, AkzoNobel shall be permitted to enter the body shop premises during the
hours of 8:00 am and 5:00 pm local (body shop) time on normal business days to investigate the
validity of the warranty claim submitted by the vehicle owner and the validity of the claim for
reimbursement by the body shop pursuant to this Agreement. AkzoNobel shall not be obliged to
reimburse the body shop, if during this investigation it appears that any of the conditions or
obligations stipulated in this Agreement have not been fulfilled.

7.     Termination

This Agreement shall remain in effect for an indefinite term. If a Party is in breach of this Agreement, the other Party may terminate the Agreement upon 10 days written notice during which time the breaching party shall have the opportunity to correct such breach in order to keep the Agreement in effect. AkzoNobel may terminate this Agreement for convenience subject to a written notice period of 3 (three) months.

8.     Choice of law and Court

This Agreement and all disputes between AkzoNobel and the body shop are governed by the laws of the country and, if applicable, state or province, in which AkzoNobel’s address is located, excluding the United Nations Convention for the International Sale of Goods and any choice of law rules that direct the application of the law of any other jurisdiction. Any dispute between AkzoNobel and the body shop that parties are unable to resolve by agreement will be resolved exclusively in the courts having jurisdiction over the subject matter of the dispute located in the city in which AkzoNobel’s address is located (or if no courts exist in such city in such courts as are located closest to such city) and its courts of appeal. Each party consents and agrees to the jurisdiction and venue of such courts.