NOTICE TO CONSUMERS REGARDING THIRD PARTY TOUCH-UP PAINT USE AND RELATED WARRANTY COVERAGE.

James Hardie [JH] routinely receives inquiries from consumers and builders regarding the use of third party touch-up paint and use of paint as touch-up (referred herein as paint) on James Hardie products with ColorPlus® Technology (referred herein as ColorPlus products). Using paint as touch-up on ColorPlus products can compromise the enduring beauty of a ColorPlus home. Two issues that may arise include: • Initial color match of paint to ColorPlus products may not be as good as JH Touch-up match to JH ColorPlus products. • Paint may age more rapidly from outdoor exposure than JH Touch-up and ColorPlus products. Paint may change color and chalk more rapidly than ColorPlus products in outdoor climates due to UV and moisture. (See chart below) Poor color match at or shortly after install and heavy chalking are examples of issues caused by paint when used as touch-up on ColorPlus products. These factors may show at or very soon after install, even as short as one year after install.

The advantages of using JH Touch-up on ColorPlus products vs. paints are: NOTICE TO CONSUMERS REGARDING THIRD PARTY TOUCH-UP PAINT USE AND RELATED WARRANTY COVERAGE Touch-Up Notice to Contractors and Consumers JH Touch-up is specially formulated to match ColorPlus products colors and exhibits better resistance to outdoor aging, color change and chalking when used on JH ColorPlus products. JH Touch-up exhibits consistent application and drying capabilities when used on ColorPlus products in challenging low and high temperature drying or curing conditions. Proper curing of touch-up in challenging environmental conditions is important to long term weathering performance. Version 1 | PAGE 1 of 2 Therefore, using ColorPlus Touch-up on ColorPlus products is important to maintain the color consistency and durability that is delivered through a ColorPlus exterior. James Hardie ColorPlus Touch-up is specially formulated to match ColorPlus Technology colors and offers better resistance to aging, color change and chalking when used on James Hardie products with ColorPlus Technology. Paints are not specially formulated for use on JH ColorPlus products and may not exhibit good resistance to outdoor aging, color change and chalking when used on JH ColorPlus products. Paints may not dry or cure to a durable coating when used on ColorPlus products in challenging low and high temperature drying or curing condition


Therefore, using ColorPlus Touch-up on ColorPlus products is important to maintain the color consistency and durability that is delivered through a ColorPlus exterior. James Hardie ColorPlus Touch-up is specially formulated to match ColorPlus Technology colors and offers better resistance to aging, color change and chalking when used on James Hardie products with ColorPlus Technology

Use of JH Touch-up • James Hardie ColorPlus Touch-up should be used sparingly on ColorPlus products. • JH Edge Coaters or Touch-up Pens should not be used to touch-up any area that is larger than a dime. Repair Patching James Hardie [JH] does not approve use of JH approved color matched caulk, other caulking materials or cementitious patching compounds to touch up nail heads, nail holes, dents, chips, cracks or other minor surface blemishes on JH products with ColorPlus® Technology. Warranty Coverage James Hardie routinely receives inquiries from consumers and builders regarding the use of paint as touch-up on ColorPlus products. These inquiries sometimes include requests that James Hardie provide warranty coverage to remediate problems associated with paints, and other non-approved materials as touch-ups. James Hardie’s warranty provides coverage for defects in materials and workmanship on ColorPlus products and its Touchup only. It does not warrant, in any respect, the appearance or performance of any third party coatings or finishes, including paint, used as touch-up and third party touch-up paints used on ColorPlus products. James Hardie’s warranty, at Section 3 (j), includes an express exclusion for problems related to use of paints which are not James Hardie products. Touch-Up Notice to Contractors and Consumers Please be advised that James Hardie is not responsible for the appearance or performance of paints or other coatings used as touch-up on ColorPlus products. Problems with appearance or performance arising from use of third party touch-up paints or paint used as touch-up that are not James Hardie’s Touch-up, will not be covered under the James Hardie ColorPlus® Limited Finish Warranty. DESIGN ADVICE: Any information or assistance provided by James Hardie in relation to specific projects must be approved by the relevant specialists engaged for the project eg. builder, architect or engineer. James Hardie will not be responsible in connection with any such information or assistance. Version 1 | PAGE 2 of 2 ©2012 James Hardie Building Products. All Rights Reserved. ™, SM, and ® denote trademarks or registered trademarks of James Hardie Technology Limited. The and ColorPlus logo are trademarks or registered trademarks of James Hardie Technology Limited. HS12124 1.866.442.7343 | www.jameshardie.com IMPORTANT: PLEASE FOLLOW JAMES HARDIE WRITTEN APPLICATION INSTRUCTIONS WHEN USING COLORPLUS TOUCH-UP ON COLORPLUS PRODUCTS. FAILURE TO INSTALL AND FINISH THIS PRODUCT IN ACCORDANCE WITH APPLICABLE BUILDING CODES AND JAMES HARDIE WRITTEN APPLICATION INSTRUCTIONS MAY LEAD TO PERSONAL INJURY, AFFECT SYSTEM PERFORMANCE, VIOLATE LOCAL BUILIDNG CODES, AND VOID THE PRODUCT WARRANTY. All national, state, and local building code requirements must be followed and where they are more stringent than James Hardie installation requirements the state or local requirements will take precedence. 1-800-9-HARDIE 10901 Elm Avenue Fontana, CA 92337 ColorPlus® Technology Express Limited Finish Warranty 1. LIMITED WARRANTY COVERAGE - FINISH: James Hardie Building Products, Inc. (“Hardie”) warrants for installation within the U.S. (except Alaska), Puerto Rico and Canada (except Yukon Territory, Northwest Territories, Nunavut, New Foundland and Labrador, Nova Scotia, Prince Edward Island, and New Brunswick) to the purchaser and all transferees prior to and including the first owner of the structure to which the product is applied and the first transferee of such structure (each a “covered person”) that the finish on Hardie product with ColorPlus® Technology (the “ Finish”) will be free from defects. When used for its intended purpose, properly installed and maintained according to Hardie’s published installation instructions, the Finish, for a period of 15 years from the date of purchase: (a) will not peel (b) will not crack, and (c) will not chip. Hardie, in its sole liability and in lieu of any direct, indirect or consequential damages will, during the first year, reimburse the covered person for reasonable fees for paint and labor (an amount not to exceed $1.00 per square foot) for repair of the damaged portion of the finish. During the 2nd through 15th year, the warranty payment shall be reduced by 6.67% such that after the 15th year no warranty shall be applicable. Hardie’s replacement of the defective Product or granting of a refund pursuant to Section 1 of this Warranty SHALL BE THE SOLE EXCLUSIVE REMEDY available to the covered person with respect to any defect. 2. CONDITIONS OF WARRANTY: Hardie’s liability hereunder to the covered person shall be subject to the following terms and conditions: A. The claimant must provide proof that he/she is a covered person. B. The product must be stored according to the manufacturer’s instructions at all times between purchase and installation. Installing wet product may result in staining or shrinkage, neither of which is covered under the terms of this warranty. C. The product must be installed according to Hardie’s printed installation instructions and all building codes adopted by federal, state or local governments or government agencies and applicable to the installation. Failure to install and finish the product per the manufacturer’s published instructions does affect product performance and may void this Warranty. D. The covered person must provide written notice to Hardie within 30 days after discovery of any claimed defect or failure covered by this Warranty and before beginning any permanent repair. The notice must describe the location and details of the defect and such information as is necessary for Hardie to investigate the claim. Photos of the product, showing the defect or failure, must accompany the notice. Product samples may be required by the Hardie Claims Department. E. Upon discovery of a possible defect or failure, the covered person must immediately, and at the covered person’s own expense, provide for protection of all property that could be affected until the defect or failure is remedied. Before any permanent repair to the Product, the covered person must allow Hardie or Hardie’s agent to enter the property and structure where the product is installed, and examine, photograph and take samples of the product. 3. EXCLUSIONS: This Warranty does not cover damage or defects resulting from, or in any way attributable to: (a) the improper storage, shipping, handling or installation of the Product (including, without limitation, failure of the Product to be installed in strict compliance with the terms and conditions set forth in Section 2 (c) of this warranty) (b) neglect; (c) abuse; (d) misuse; (e) repair or alteration; (f ) settlement or structural movement and/or movement of materials to which the Product is attached; (g ) damage from incorrect design or construction of the structure; (h) exceeding the maximum designed wind loads; (i) acts of God including, but not limited to, hurricanes, tornados, floods, earthquakes, severe weather or other natural phenomena, (including, but not limited to, unusual climate conditions); (j) efflorescence or performance of any paints and/or coatings which are not Hardie; (k) growth of mold, mildew, fungi, bacteria, or any organism on any surface of the siding (whether on the exposed or unexposed surfaces) and in this respect, ANY CLAIMS OF DAMAGE CAUSED BY MOLD OR MILDEW ARE EXPRESSLY EXCLUDED; (l) lack of proper maintenance; and (m) any cause other than manufacturing defects attributable to Hardie. This Warranty does not cover against fade or chalk of the Finish due to normal weathering. Normal weathering is defined as exposure to sunlight and extremes of weather and atmosphere, which will cause any painted surface to gradually fade, chalk or accumulate dirt over time. This Warranty will cover the Finish against excess color change beyond normal weathering. Excess color change is defined as a change in color of the Finish by greater than four (4) hunter units within the first three (3) years of install of the Hardie product(s) with ColorPlus® Technology. Hardie shall have sole discretion to determine whether the Hardie product(s) with ColorPlus® Technology exhibits excess color change. 4. DISCLAIMER: The statements in this Warranty constitute the only warranty extended by Hardie for the product. HARDIE DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT WHERE PRODUCT PURCHASE IS SUBJECT TO CONSUMER PRODUCT WARRANTY LAW, IN WHICH INSTANCES THE DURATION OF ANY APPLICABLE IMPLIED WARRANTIES ARE LIMITED TO THE FIRST ELAPSE OF THE WARRANTY PERIOD PROVIDED ABOVE, OR SUCH SHORTER PERIOD AS APPLICABLE LAW PERMITS OR REQUIRES. Some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. NO OTHER WARRANTY WILL BE MADE BY OR ON BEHALF OF THE MANUFACTURER OR THE SELLER OR BY OPERATION OF LAW OR BY USAGE OF TRADE OR COURSE OF DEALING WITH RESPECT TO THE PRODUCT OR ITS INSTALLATION, STORAGE, HANDLING, MAINTENANCE, USE, REPLACEMENT OR REPAIR. This Warranty gives you specific legal rights and you may also have other rights which vary from state to state. 5. EXCLUSION OF INCIDENTAL AND CONSEQUENTIAL DAMAGES: IN NO EVENT SHALL HARDIE BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, WHETHER RESULTING FROM NONDELIVERY OF THE PRODUCT, FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation may not apply to you. 6. MODIFICATIONS AND ALTERATIONS OF PRODUCT: Hardie shall have no responsibility hereunder for defective product subjected to further processing or alteration after shipment. 7. SETTLEMENT OF CLAIM: Any refund or material replacement by Hardie pursuant to Section 1 hereof shall constitute a full settlement and release of all claims of any covered person hereunder for damages or other relief, and shall be a complete bar to any litigation filed subsequently to the covered person’s acceptance of such an agreement. 8. MODIFICATION OR DISCONTINUATION OF PRODUCTS: Hardie reserves the right to discontinue or modify the product at any time without notice. In the event that repair or replacement of the product pursuant to this Limited Warranty is not possible, Hardie will fulfill any repair or replacement obligation under this Limited Warranty with a product of equal or greater value. ©2012 James Hardie Building Products. All rights reserved. TM, SM, and ® denote trademarks or registered tr



for more info please refer to the original at:http://www.jameshardie.com/pdf/color-plus-touch-up-paint-notice-english.pdf