Shiplap Cladding / Warranty

EKODECK SHIPLAP CLADDING WARRANTY
MANUFACTURER’S WARRANTY (WARRANTY AGAINST DEFECTS)

1 AUSTRALIAN CONSUMER LAW (IF APPLICABLE)

1.1 Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

1.2 We offer this warranty in addition to your other legal rights and remedies. This warranty does not exclude, restrict or modify any condition, warranty, right or remedy implied by law, including the Australian Consumer Law which cannot be excluded, restricted or modified.

DEFINITIONS

2.1 The following terms have the following corresponding meanings:

“Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).

“Application” means either Commercial Application or Residential Application as applicable.

“Authorised Purpose” means use and or installation of the Product in accordance with the Technical Guide.

“Defect” means a Product does not comply with CodeMark Certificate of Conformity certificate number CM40387.

“Defective Product” means a Product that suffers from a Defect.

“Ekodeck” or “We” means Ekologix Australia Pty. Ltd. ACN 133 471 619 or any trading entity of Ekodeck.

“Purchaser” means any original end user of the Product who purchased the Product for an Authorised Purpose from an authorised Ekodeck distributor.

“Product” means the product to which this Manufacturer’s Warranty is attached when originally purchased from an authorised Ekodeck distributor.

“Term” means a maximum period of 25 years calculated from the date of purchase of the Product as stated on your receipt or invoice, subject to compliance with Ekodeck terms and this Warranty.

“Technical Guide” means Ekodeck Cladding / Weatherboard Technical Guide Version 1.3 dated May 2024.

3 THE WARRANTY

3.1 This Warranty applies to the Purchaser that purchased the Product from the authorised Ekodeck distributor.

3.2 Ekodeck warrants to the Purchaser that the Product is free from Defects “(Warranty“).

3.3 The Warranty commences on the date that the Purchaser purchases the Product and expires on Twenty-five (25) calendar years from the date of purchase by a Purchaser of the Product used in an Application (hereafter collectively referred to as the (“Warranty Period“).

3.4 Ekodeck may, at its sole discretion, agree to the transfer of this warranty from Purchaser to a subsequent owner of the Product. Any transfer of this warranty is conditional upon the subsequent owner providing to Ekodeck proof of purchase of the Product.

4 WARRANTY CLAIM PROCEDURE

4.1 During the Warranty Period, the Purchaser must provide written notification together with supporting documents to Ekodeck within 30 days from the Purchaser discovering the Defect (“Notice“).

4.2 The Notice must include:

4.2.1a clear description of the alleged Defect;

4.2.2 photographs of the alleged Defect;

4.2.3 quantity of the Product claimed to be defective; and

4.2.4 proof of original receipt (or other evidence displaying the date of purchase, with such further evidence to be to the reasonable satisfaction of Ekodeck).

(Hereafter collectively referred to as a “Claim“).

4.3 Upon receipt of the Claim, Ekodeck will contact the Purchaser as soon as practically possible to investigate the Claim, where Ekodeck will seek to establish the cause of the Claim.

4.4 If a Product Defect is found, Ekodeck may, at its sole discretion, repair or replace any Defective Product or part thereof of a Defective Product. If an identical part or component is not available, Ekodeck may repair or replace with parts and components of similar quality, grade and composition.

4.5 In addition to the rights of Ekodeck in clause 4.4 of this Warranty, Ekodeck may, at its sole discretion, elect to refund all or part of the purchase price paid by Purchaser for the Defective Product.

5 LIMITATIONS AND EXCLUSIONS TO WARRANTY

5.1 Where a Defect arises due to mould or mildew, the Warranty Period is limited to two (2) years from the Date of Purchase, irrespective of any other provision in this Warranty.

5.2 For the purpose of this Warranty, the following matters are excluded from the definition of a Defect:

5.2.1 improper installation, maintenance or handling of the Product and/or failure to abide by the Technical Guide;

5.2.2 use of the Product not in accordance with the Technical Guide;

5.2.3 movement, distortion, collapse or settling of the supporting structure on which the Product is installed;

5.2.4 any act of God (including flooding, earthquake, lightning and any other naturally occurring environmental or other disaster);

5.2.5 staining from foreign substances (including mould, mildew, dirt, grease, oil and any other substance);

5.2.6 improper storage, abuse or neglect of the Product by Purchaser;

5.2.7 natural and or reasonable and or gradual loss or change of colour in the Product;

5.2.8 overloading;

5.2.9 ordinary wear and tear; and

5.2.10 any natural colour variance in the Product(s).

5.3 This Warranty does not extend to cover:

5.3.1 costs associated to remove any Defective Product from the location the Product is installed;

5.3.2 any charges incurred by the Purchaser in returning the Product to Ekodeck or in notifying Ekodeck of the alleged defective product;

5.3.3 costs associated with installation of any replacement product;

5.3.4 costs associated with making a claim under this Warranty, including costs such as postage and handling; and

5.3.5 any other reasonably foreseeable costs incurred.

5.4 The maximum value of any Claim of any one claim or total of all claims made by a Purchaser with respect to the purchase of the Products is limited to the dollar equivalent of the percentages referred to in the below table:

6 GENERAL CONDITIONS

6.1 Ekodeck or any of its affiliated employees or agents will not be liable for any direct, indirect, special or consequential loss or damage arising out of the use of, or handling of any Ekodeck Product whatsoever, including any direct, indirect, special or consequential loss or damage suffered as a result of the negligence of Ekodeck, except those which cannot be excluded by law.

7 SEVERABILITY

7.1 If any term of this Warranty is held to be illegal, void or unenforceable in a jurisdiction, then:

7.1.1 where the term can be read down so as to give it a valid and enforceable operation of a partial nature, it must be read down to the extent necessary to achieve that result, and

7.1.2 in any other case the term must be severed from this Warranty for that jurisdiction in which event the remaining terms operate as if the severed provision had not been included.

8 CONTACT INFORMATION

8.1 Ekodeck can be contacted at:

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