General Warranty Statement
Swiftdeck Pty Ltd (ACN 147 978 256) of 28-30 Japaddy Street Mordialloc, Victoria 3195 (“Swiftdeck”) warrants to the first purchaser of SWIFTDECK® Deck Clip (“the Product”) prior to installation, that subject to compliance with the Conditions of Warranty below for a period of ten (10) years from the date of purchase the Product is warranted against a defect in workmanship and materials (“Warranty Period”).
For the purposes of this warranty, a “defect in workmanship and materials” in respect of the Product means the Swiftdeck Clip contains defect or defects in the moulded product that prohibit the effectiveclamping of decking boards until the fixing adhesive is cured, or fails to retain size and integrity for the specified period of ten (10) years. In respect of the Decking Board means the Swiftdeck timber board is machined outside size or quality specification preventing effective installation, or has been damaged prior to delivery to the purchaser’s site where Swiftdeck is arranging delivery, or to the purchaser’s nominated carrier or depot where the purchaser is arranging delivery.
This warranty is also subject to the exclusions below. Where there are terms or conditions of sale between the purchaser and a third party and/or an authorized distributor of Swiftdeck, the terms of this warranty prevail to the extent of any inconsistency.
Conditions of Warranty
The warranty is strictly subject to the following conditions:
- If Purchaser discovers a defect in the Product the Purchaser must make a claim to Swiftdeck in writing before the expiry of the Warranty Period either within thirty (30) days after the alleged defect would have become reasonably apparent or, if the alleged defect was reasonably apparent prior to installation, then the claim must be made prior to installation (“the Claim”).
- The Claim must include the following information:
- i. A list of the number of fasteners for which the Claim is made;
- ii. Proof of purchase of the Product, or description of the purchase date and location.
- iii. Reason for the Claim; and iv.Photos of the defect which is the subject of the Claim, including wide angle photos of deck and surrounds.
- Upon receipt of the Claim, Swiftdeck will notify the claimant of the date that Swiftdeck’s representative will investigate the Claim. If the Claim is not covered by the Warranty, the claimant must reimburse Swiftdeck for all reasonable expenses of travel and investigation relating to the Claim. All labour costs and all costs of removing and returning any Product shall be borne by the claimant unless otherwise agreed in writing by Swiftdeck.
- lf Swiftdeck determines that the Product is in breach of the warranty and the Claim has been made within 21-30 days of the claimant becoming aware of the alleged defect and within 90 days of the alleged defect coming into existence Swiftdeck shall replace the defective Product.
- The benefit of this Warranty may not be assigned or transferred and is personal to the Purchaser.
- The Product must be installed and maintained strictly in accordance with the relevant Swiftdeck literature that is current at the time of installation and must be installed in conjunction with the components or products specified in the literature. Copies of such literature including an installation video can be obtained from Swiftdeck directly or is located on its website located at Universal Resource Locator (URL): www.swiftdeck.com.au. Further, all other products, including coating and jointing systems, applied to or used in conjunction with the Product must be applied or installed and maintained strictly in accordance with the relevant manufacturer’s instructions and good trade practice.
- In the circumstances where the Australian Consumer Law does not apply in respect of the purchase of the Product, Swiftdeck will not be liable for any losses or damages (whether direct or indirect) including property damage or personal injury, consequential loss, economic loss or loss of profits, arising in contract or negligence or howsoever arising.
- Without limiting the foregoing, Swiftdeck will not be liable for any claims, damages or defects arising from or in any way attributable to poor workmanship, poor design or detailing, settlement or structural movement and/or movement of materials to which the Product is attached, incorrect design of the structure, acts of God including but not limited to earthquakes, cyclones, floods or other severe weather conditions or unusual climatic conditions, efflorescence or performance of paint/coatings applied to the Product, normal wear and tear, growth of mould, mildew, fungi, bacteria, or any organism on any Product surface or Product (whether on the exposed or unexposed surfaces.
- This Warranty is valid only within Australia.
- This Warranty shall be governed by the laws in force in the state of Victoria, Australia.
This warranty does not apply to any Product that:
- Has not been purchased from Swiftdeck; or an authorized distributor of Swiftdeck;
- Has been modified or changed without approval from Swiftdeck;
- Has been misused or treated in a manner other than as intended by Swiftdeck; or
- Has not been installed in accordance with Swiftdeck’s then current installation guidelines.
This warranty does not apply to damage to the Product caused by:
- The fitting or use of components not supplied by Swiftdeck;
- Repair, maintenance or service by a person not authorized by Swiftdeck or;
- Normal wear and tear.
The benefits given by this warranty to the purchaser are in addition to other rights and remedies that the purchaser may have under Australian Consumer law in relation to the Product which cannot be excluded by agreement. To the extent Australian Consumer law is applicable the conditions stated above shall be read subject to such legislation provided that Swiftdeck expressly limits its ability under any such legislation to the maximum extent permitted.