Warranty

If the purchaser discovers a defect in the DeckingMaster Products during the term, the purchaser must, within thirty (30) days from the discovery of the alleged defect but no later than the end of the term, notify DeckingMaster in writing, at the following address: QUADRA G PTY LTD (TA DeckingMaster), Unit 11, SQ2 Aerodrome Close, Loughborough, Leicestershire, LE11 5RJ, United Kingdom. The purchaser must include in this notification proof of purchase and a statement explaining the defect. DeckingMaster may request additional information. After reviewing all information, DeckingMaster will make a determination regarding the validity of such claim. If DeckingMaster determines that the purchaser’s claim is valid, DeckingMaster will, at its option, either replace the defective DeckingMaster Products or refund the portion of the purchase price paid by the purchaser for such defective DeckingMaster Products, as set out below (not including the cost of its initial installation). This warranty shall not cover, and DeckingMaster shall not be responsible for, costs and expenses incurred with respect to the removal of the defective DeckingMaster Products or the installation of replacement materials, including but not limited to, labour and freight. The foregoing remedies are the sole and exclusive remedy for breach of any warranty. If DeckingMaster determines that the purchaser’s claim is valid, then the Purchaser’s recovery will be prorated as indicated below. If DeckingMaster is providing replacement materials, it may elect to replace the percentage listed below of the defective DeckingMaster Products; if DeckingMaster is refunding the purchase price, it may elect to refund the percentage listed below of the purchase price of the defective DeckingMaster Products.

For residential applications – this warranty may be transferred one (1) time, within a five (5) year period beginning from the date of original purchase by the purchaser, to a subsequent buyer of the property upon which the DeckingMaster Products were originally installed. For commercial applications – the warranty is freely transferable to subsequent buyers of the property upon which the DeckingMaster products were originally installed.

DeckingMaster does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damages attributable to: (1) improper installation of the DeckingMaster Products and/or failure to abide by DeckingMaster installation guidelines, including but not limited to improper gapping; (2) use of the DeckingMaster Products beyond normal use, or in an application not recommended by DeckingMaster guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the DeckingMaster Products are installed; (4) any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mould, mildew, etc.), or staining from foreign substances (such as dirt, grease, oil, etc.); (5) variations or changes in colour of the DeckingMaster Products; (6) normal weathering due to exposure to sunlight, weather and atmosphere which can cause coloured surfaces to, among other things, flake, chalk, or accumulate dirt or stains; (7) ordinary wear and tear or (8) improper handling, storage, abuse or neglect of the DeckingMaster Products by the purchaser, the transferee or third parties. The purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the DeckingMaster Products in connection with their use in any particular application.

Except for the express written warranty contained herein, DeckingMaster makes no other warranties, guarantees or indemnities, whether express or implied, arising by law, course of dealings, usage of trade, customer or otherwise, including but not limited to the implied warranty of merchantability and implied warranty of fitness for a particular purpose, and all such other warranties, guarantees and indemnities are hereby disclaimed, overridden and excluded from this transaction. Limitation of remedies and exclusion of consequential and incidental damages:DeckingMaster’s liabilities are limited solely and exclusively to the obligations specifically undertaken herein, and under no circumstances will DeckingMaster be liable or obligated for any incidental consequential, indirect, special, punitive or any other damages of any kind whatsoever (including, but not limited to, lost profits, lost sales, loss of goodwill, use of money, use of goods, stoppage of work, or impairment of assets), whether foreseeable or unforeseeable, arising out of the breach of failure of express or implied warranty, breach of contract, fraud, misrepresentation, negligence, strict liability in tort or otherwise, except and only to the extent this limitation is specifically precluded by applicable law of mandatory application. DeckingMaster liability with respect to defective products shall in no event exceed the replacement of such products or refund of the purchase price, as described above.