THIS WARRANTY SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY BEING PROVIDED BY SAVOY TIMBER LTD
PLEASE READ THIS WARRANTY CAREFULLY BEFORE PURCHASING. USING OR INSTALLING YOUR SAVOY TIMBER DECKING PRODUCT.
Savoy Timber Ltd (" Savoy Timber") warrants to the original purchaser of the Savoy Timber decking product, that for the specified 10 year Warranty Period, such products shall, (i) under normal and proper service conditions and standard use, (iii) when installed in accordance with Savoy Timber Ltd written instructions.
1. THE LIMITED WARRANTY
The warranty is that under standard use and service conditions: products shall be free from material defects in workmanship and materials, and shall not split, splinter, rot or suffer structural damage from termites or fungal decay.
The term of the warranty Period for the 4th generation (co-extrusion): hollow and solid profiles shall be ten (10) years from the date of original purchase.
In the event of a failure of the above described Savoy Decking products within the applicable Warranty Period, when properly installed, used and maintained in the manner required by this Section 1, Savoy Timber’s sole responsibility shall be, at its option, to either replace the defective item in the manner set forth in Section 2 below or refund the portion of the purchase price paid by Purchaser for such defective item, as set out below (not including the cost of its initial installation or delivery). This warranty shall not cover and Savoy Timber shall not be responsible for costs and expenses incurred with respect to the removal of defective products or the installation of replacement materials, including but not limited to labour and delivery
The Limited Warranty is only for the above described Savoy Decking products. Savoy Timber excludes and will not pay any incidental and/or consequential damages. Under no circumstances shall Savoy Timber be liable for any damages which exceed the actual purchase price of the defective product as adjusted on the basis of the pro-rated warranty schedule provided herein.
2. SAVOY TIMBER CLAIMS PROCEDURE:
In order to proceed with a warranty claim, the Purchaser must send to Savoy Timber a copy of original proof of purchase, and photos or other supporting evidence of the defective or nonconforming Savoy Timber Decking product. The Purchaser shall notify Savoy Timber in writing to the following email address: email@example.com Savoy Timber reserves the right to request additional information in connection with the warranty claim. Only an authorized Savoy Timber representative can determine the Purchaser’s claim is valid.
Upon discovering a possible defect of any Savoy Timber product, the purchaser shall, at purchaser's sole expense, make temporary repairs or cordon off the area in order to fully protect all property and persons that could be affected.
a) If any claims that the Savoy Decking products failed to perform as warranted above, Savoy Timbers' liability to the purchaser is to replace the defective product or refund the portion of the purchase price paid by Purchaser for such defective item, as set out below (not including the cost of its initial installation or delivery).
Savoy Timber shall not be responsible for the costs associated with the installation of the replacement product or the disposal of the defective product.
Savoy Timbers' obligation to provide replacement product shall only be in an amount equal to the volume (linear feet) of defective material as listed on the Prorated Warranty Schedule contained herein, the purchaser acknowledges that Savoy Timber does not guarantee an exact match as colours and designs may change.
Purchaser agrees to the use of such fasteners as adequate for reinstallation of the furnished board, irrespective of existing method.
The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY.
Prorated Limited Warranty Schedule:
If a valid warranty claim is made during the valid warranty period after the original purchase date, then the Purchaser’s recovery will be prorated as indicated below. If Savoy Timber is providing replacement materials, it may elect to replace the percentage listed below of products; if Savoy Timber is refunding the purchase price, it may elect to refund the percentage listed below of the purchase price of the products.
Year of Claim - percentage of replacement cover
A )The Limited Warranty does not cover and Savoy Timber shall not be liable for any of Purchaser's installation, removal or reinstallation costs.
b) Savoy Timber 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 and/or failure to abide by Savoy Timber’s installation guidelines, including but not limited to
(i)improper installation of Savoy Timber products, in particular insufficient support/gapping for the boards, joists lay at more than 30cm centres, Non Savoy Timber fasteners used thus failure to abide by Savoy Timbers written instructions
(ii) failure to comply with any and all applicable laws or building codes, including but not limited to improper structural support, fastening, ventilation or gapping,
(iii) use of Savoy Timber products beyond normal use or in an application not recommended or permitted by Savoy Timbers' written instructions.
(iv) any act of God (such as flooding, hurricane, earthquake, lightning, etc.) or movement, distortion, collapse or settling of the ground or the supporting structure upon which Savoy Timber Products are installed,
(v) Normal weathering due to exposure to sunlight , weather and atmosphere which can cause coloured surfaces to fade, flake, or accumulate dirt and stains
(vi) defects in or failure arising from improper installation, workmanship, maintenance or repair,
(vii) discoloration, fading, spotting or staining from or caused, in whole or in part, by mould, mildew, other fungal growth, organic materials, metallic oxides or particles (including but not limited to rust or corrosion of any fasteners), dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals (including but not limited to those found in cleaners), or normal weathering (defined as natural efflorescence, exposure to sunlight weather and atmospheric conditions which causes any coloured surface to gradually fade, flake, chalk, or accumulate dirt or stains),
(viii) damage resulting from casualty, fire or exposure to heat sources such as cooking devices or retro-reflective surfaces. (ix) the application of paints, stains, surface treatments or other chemical substances including but not limited to cleaners or pesticides,
(x) fading, flaking or other deterioration of any paints, stains or other coatings placed on the Savoy Timber Products,
(xi) improper handling, maintenance, storage, abuse or neglect of Savoy Timber products by Purchaser or any other party,
(xii) ordinary wear and tear,
(xiii) impact from objects
(xiv) any fasteners not supplied or approved by Savoy Timber
(xv) any products that have not been paid in full
c) No warranty is given to any fasteners other than the Savoy Timber Fasteners.
d) All warranties provided by Savoy Timber, whether express or implied, and including the Limited Warranty, are void if any one or more of the following applies or occurs: (i) the Savoy Timber product is not installed, maintained and/or used strictly in accordance with Savoy Timber written instructions, (ii) the Savoy Timber product is not installed in accordance with all applicable laws, codes and regulations; (iii) the intentional or unintentional misuse of the Savoy Timber product, whether foreseeable or unforeseeable; (iv) the failure of Purchaser to properly and/or timely maintain or repair the Savoy Timber product; (v) the failure by Purchaser to provide timely notice to Savoy Timber of any failure or defect of the Savoy Timber product; or (vi) use of fasteners other than the Savoy Timber branded fasteners.
No person or entity is authorized by Savoy Timber to make and Savoy Timber shall not be bound by any statement or representation as to the quality or performance of products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by Savoy Timber and Purchaser.
Any warranty claim needs to be made within 30 days of the fault becoming apparent. Savoy Timber will investigate all warranty claims and determine whether the claim relates to a manufacturing defect and is therefore covered under the warranty or whether the defect has been caused due to other factors not deemed to be a manufacturing defect at which time the warranty claim will be denied.
DISCLAIMER OF WARRANTY
Under no circumstances will Savoy Timber be liable for special, incidental or consequential damages, included 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 such damages are sought in contract, in tort including but not limited to negligence and strict liability) or otherwise, and Savoy Timber’s 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.