MANUFACTURERS WARRANTY (WARRANTY AGAINST DEFECTS)
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1. Definitions
1.1. The following terms have the following meanings:
"Australian Consumer Law" means Schedule 2 to the Competition and Consumer Act 2010 (Cth).
"Ekodeck" means Ekologix Australia Pty. Ltd. ACN 133 471 619 or any trading entity of Ekodeck.
"Major Defect" means a defect that relates to a safety defect as that term is defined by the Australian Consumer Law.
"Purchaser" means the original legal owner of the premises upon which the Product is installed.
"Product" means the product purchased by the Purchaser to which this Manufacturer's Warranty is attached.
"Term" means the period of time stated on the label or packaging for that particular Product from the date of purchase from Ekodeck or any Authorised Distributor.
2. Warranty
2.1. Nothing in this Manufacturer's Warranty excludes, restrict or modifies any condition, warranty, right or remedy implied by law, including the Australian Consumer Law which cannot be excluded, restricted or modified.
2.2. Subject to this Manufacturer's Warranty and the Warranty Claim Procedure, Ekodeck warrants this Product to be free of defects for the Term.
2.3. Ekodeck constructs all Products in accordance with applicable Australian Standards, which may include AS 1170.1 and AS 1720.1.
2.4. As soon as practically possible after a defect arises the Purchaser must inform Ekodeck of the defect in accordance with the Warranty Claim Procedure.
2.5. If Ekodeck determines that a Major Defect exists, Ekodeck, at its sole discretion may provide the Purchaser with a replacement or refund or compensation for any other reasonably foreseeable loss or damage suffered by the Purchaser.
2.6. If Ekodeck determines that a defect, which is not a Major Defect, exists Ekodeck, at its sole discretion, may provide the Purchaser with an offer to replace or repair the Product.
2.7. A defect does not arise from or exist if Ekodeck determine that the defect was caused or exacerbated by:
2.7.1. The Purchaser using the Product beyond the capabilities associated with the applicable Australian Standard;
2.7.2. 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;
2.7.3. Use of the Product contrary to an applicable Australian Standard, local building regulations or State, Territory or Federal laws;
2.7.4. Movement, distortion, collapse or settling of the foundation or the supporting structure on which the Product is installed;
2.7.5. Any act of God (including flooding, earthquake, lightning and any other naturally occurring environmental or other disaster);
2.7.6. Staining from foreign substances (including dirt, grease, oil and any other substance);
2.7.7. Normal expected exposure to natural elements, including but not limited to mildew or mould;
2.7.8. Gradual discolouration (including fading and staining);
2.7.9. Ordinary wear and tear; or
2.7.10. Minor splits or cracking around screws.
2.8. Where a defect in a Product arises due to mould or mildew, the term of the warranty will be limited to two (2) years notwithstanding any other provision in this Manufacturer's Warranty, but not excluding any implied term under the Australian Consumer Law.
2.9. This warranty is not transferable; it applies only to the Purchaser.
2.10. Should Ekodeck elect to replace any part of the Product, Ekodeck reserves the right to replace the Product with parts and components of similar quality, grade and composition where identical parts or components are not available.
3. Warranty Claim Procedure
3.1. In order to make a claim under this Manufacturer's Warranty on any Products the Purchaser must follow the Warranty Claim Procedure.
3.2. The Purchaser must provide written notification to Ekodeck, via Ekodeck's details provided below in this Manufacturer's Warranty, within thirty (30) days of the alleged defect becoming reasonably known to the Purchaser.
3.3. The written notification referred to in paragraph 3.2 above must including the following details:
3.3.1. A clear description of the alleged defect;
3.3.2. Photographs of the alleged defect;
3.3.3. total proportion of the Product claimed to be defective; and
3.3.4. Proof of original receipt (or other evidence displaying the date of purchase which Ekodeck is reasonably satisfied with).
3.4. Upon receipt of this information Ekodeck will contact the Purchaser to investigate the alleged defect contained in the written notification. Any and all investigations will progress as quickly as practicably possible and will seek to establish whether a Product defect exists.
3.5. At any time during the investigation Ekodeck may request the assistance of any third party expert(s), including building and constructions experts, engineers or scientists, Ekodeck deems appropriate to ascertain whether a defect exists.
3.6. After conducting an investigation, Ekodeck will inform the Purchaser in writing whether or not a defect exists and any potential remedy to that defect as determined by Ekodeck that is applicable in the circumstances.
4. Warranty Exclusions
4.1. The following cost(s) or damage allegedly suffered by the Purchaser as a result a Product defect are not covered this Manufacturer's Warranty insofar as applicable under this Manufacturer's Warranty and at law:
4.1.1. Cost(s) associated to remove the Product from the premises; or
4.1.2. Cost(s) or charge(s) incurred by the Purchaser in returning any defective Product to Ekodeck or the original place of purchase; or
4.1.3. Cost(s) or charge(s) incurred by the Purchaser to notify Ekodeck of the alleged defective Product or incurred in the Warranty Claim Procedure;
4.1.4. Cost(s) associated to install any replacement Product;
4.1.5. Any other reasonably foreseeable costs incurred by the Purchaser.
5. Product Exclusions
5.1. Some Products are made by combining reclaimed timber and bamboo with recycled plastics, including high-density polyethylene.
5.2. Whilst Ekologix take all appropriate steps to ensure consistency in all Products, natural and immaterial variances can be present in appearance.
5.3. Natural and immaterial variances in any Product are not a defect under this Manufacturer's Warranty and are specifically excluded.
5.4. Product dimensions are subject to normal manufacturing variations and tolerances. Reasonable variances, as determined by Ekodeck, in Product dimensions are not considered a defect under this Manufacturer's Warranty and are specifically excluded.
6. Ekodeck exclusion and contact details
6.1. Ekodeck or any of its affiliated employees or agents will not be liable for any special, indirect or consequential loss or damage arising out of the use of, or handling of any Ekodeck Product whatsoever, including any special, indirect or consequential loss or damage suffered as a result of the negligence of Ekodeck, except those which cannot be excluded under the Australian Consumer Law or applicable State, Territory or Federal laws.
6.2. Ekodeck can be contacted at:
Business address: Unit 1, 20-26 Sabre Drive,
Port Melbourne, Victoria, Australia 3207
Phone: +61 3 9639 7774
Email: info@ekologix.com.au
7. ACL Guarantees
7.1. 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 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.
