Timbertone Garage Doors (“Timbertone”) offers the following warranty in respect of the application of the Timbertone Coating (“the Coating”) at the request of the Customer from the application of the Coating (the “Warranty Period”).
During the Warranty Period Timbertone warrants that the Coating will be free from peeling, cracking and discolouration (greater than the extent detailed in the exclusion) which has resulted from a defect in workmanship or material fault and, subject to the limitations contained in this warranty, will, at Timbertone’s option and in a manner that Timbertone considers reasonable, repair, replace or compensate for such defects or faults.
EXCLUSIONS FROM WARRANTY
The following are not considered defects in workmanship or fault in materials:
1. Things beyond the control of Timbertone including but not limited to impact, abrasion, negligent or malicious damage, fire damage, pollution or abnormal weather conditions.
2. Prolonged exposure to excessive temperatures in the reasonable opinion of Timbertone or to acid, salt corrosion, alkali, solvent or any other hazardous or naturally occurring sources (including animal droppings) which may be damaging to the Coating.
3.Damage or deterioration caused by accident, fair wear and tear ( excluding discolouration which is dealt with under 4 below), alteration, modification or repair ( except where the repair is carried out by a person authorised by Timbertone), rubbing of joins in the product subject to Coating or damage by installation
4. Discolouration to a greater extent than the allowable limits set by the Australian Standards as varied
from time to time.
This warranty sets out the full liability of Timbertone and except as provided herein, to the full extent permitted by law, any other warranties whether expressed or implied, written or oral, are excluded.
This warranty is provided to the Customer as the purchaser of the coating and is not transferable or assignable.
All correspondence in respect of an alleged claim for breach of a warranty must be directed in writing to the Manager of Timbertone 3/15 Hutchinson Street Burleigh Heads in Queensland 4220.
This warranty will be construed in accordance with the laws of Queensland and the parties irrevocably submit to the non-exclusive jurisdiction of the Queensland Courts to settle any disputes which may arise in connection with this warranty.
The obligations of Timbertone pursuant to this warranty are limited to providing one of the following options as selected by Timbertone - another Coating on the same cladding at its cost or the supply of replacement cladding purchased at Timbertone’s cost which has been coated but without any liability for any freight charges associated with deliver of the cladding to or from Timbertone or to the Customer or the ultimate consumer, an amount equal to the cost of providing another Coating or rectification of any Coating defects or material faults it is required to remedy in accordance with this warranty but specifically excludes any liability for consequential loss or damage by the Customer or the ultimate consumer.