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.
2.1 The following terms have the following meanings:
“Australian Consumer Law” means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
“Authorised Purpose” includes, as determined by Ekodeck in their sole discretion, the following:
(a) installation of the Product in accordance with the applicable Ekodeck Installation Guide and Ekodeck Engineering Evaluation Certificate; and or
(b) use of the Product in a Residential Application or a Commercial Application; and or
(c) compliance with Ekodeck’s Care & Maintenance Guide.
Care & Maintenance Guide means the care & maintenance procedures published by Ekodeck on Ekodeck’s website: www.ekodeck.com.au
“Ekodeck” means Ekologix Australia Pty. Ltd. ACN 133 471 619 or any trading entity of Ekodeck.
“Ekodeck Engineering Evaluation Certificate” means the engineering certificate published by Ekodeck on Ekodeck’s website: www.ekodeck.com.au
“Defect” means a defect in the design, the workmanship, or the materials or a failure of the whole or part of the Product.
“Defective Product” means a Product that suffers from a Defect.
“Installation Guide” means the Product installation instruction and procedures published by Ekodeck on Ekodeck’s website: www.ekodeck.com.au
“Purchaser” means any original end user of the Product who purchased the Product for an Authorised Purpose from an authorised Ekodeck distributor, as determined by Ekodeck.
“Product” means the product to which this Warranty is attached when originally purchased from an authorised Ekodeck distributor.
“Warranty Period” means a period of fifteen (15) 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.
3 THE WARRANTY
3.1 This Warranty is not transferable; it applies only to the Purchaser that purchased the Product from the authorised Ekodeck distributor, as determined by Ekodeck.
3.2 Subject to this Manufacturer’s Warranty and the Warranty Claim Procedure, Ekodeck warrants this Product to be free of defects for the Term (“Warranty”).
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:
4.2.1 A 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 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 applicable to this Warranty is limited to two (2) years from the Date of Purchase, irrespective of any other provision in this Warranty.
5.2 This warranty does not cover installation and or use of the Product for any purpose that is not an Authorised Purpose.
5.3 For the purpose of this Warranty, the following matters are excluded from the definition of a Defect:
5.3.1 improper installation, maintenance or handling of the product and/or failure to abide by Ekodeck’s installation or maintenance guidelines, including but not limited to improper gapping;
5.3.2 use of the Product in an application not recommended by Ekodeck’s guidelines and applicable codes or standards;
5.3.3 movement, distortion, collapse or settling of the ground or the supporting structure on which the product is installed;
5.3.4 any act of God (including flooding, earthquake, lightning and any other naturally occurring environmental or other disaster);
5.3.5 staining from foreign substances (including mould, mildew, dirt, grease, oil and any other substance);
5.3.6 improper storage, abuse or neglect of the Product by Purchaser;
5.3.8 ordinary wear and tear (including natural occurring change of colour associated with time and or exposure to natural elements);
5.3.9 minor splits or cracking around screws;
5.3.10 any natural colour variance in the Product(s); or
5.3.11 any cutting of the Product that compromises the structural integrity of the Product; or
5.3.12 using the Product beyond the capabilities associated with the applicable Australian Standard.
5.4 This Warranty does not extend to cover:
5.4.1 costs associated to remove any Defective Product from the Purchaser’s premises, or the location of the Product;
5.4.2 any charges incurred by the Purchaser in returning any defective product to Ekodeck or in notifying Ekodeck of the alleged defective product;
5.4.3 costs associated with installing any replacement product;
5.4.4 costs associated with making a claim under this Warranty, including costs such as postage and handling; and/or
5.4.5 any other reasonably foreseeable costs incurred.
5.5 Ekodeck board dimensions and colour are subject to normal manufacturing variations and tolerances. Reasonable variances, as determined by Ekodeck, in Product dimensions and colour are not considered a defect under this Warranty and are specifically excluded. Due care should be taken when installing Ekodeck Products to allow for such variance.
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.
7.1 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 jurisdic- tion 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: