b'MANUFACTURERS WARRANTY be valid within the relevant warranty period, then the remedy provided 1.Weathertex Pty Ltd A.B.N 67 084 713 986 (Weathertex) warrants that theby Weathertex will be limited to either of the following (where possible) Products supplied are of first quality, free from material defect inas chosen by Weathertex:materials, design and workmanship, and in conformity with the technical(a) Weathertex replacing the Products provided the claim is accepted by specifications detailed in the published Weathertex Installation GuideWeathertex and subject to such replacement Products being available in the that is current at the date of purchase. This statutory warranty appliesmanufacturing inventory at the time the claim is accepted by Weathertex. for a period of 12 months from the date of purchase in addition to theOtherwise, Weathertex will provide such replacement Products when they following clauses. become available. 2.Natural Board - Weathertex warrants that its Natural (Brown) Board(b) Weathertex repairing the Products provided the claim is accepted by Products will not rot, split or crack for a period of 10 (ten) years from theWeathertex. date of purchase when installed and maintained in accordance with Weathertexs current published materials. 10.Should the Purchasers warranty claim made under clause 3 be valid, then the remedy provided by Weathertex will be limited to Weathertex Pre Primed Classic Shingles Plus, EcoWall and Rubix Panel - Weathertexreplacing the Accessory Products provided the claim is accepted by warrants that its EcoWall Products will not rot, split or crack for a periodWeathertex and subject to such replacement Accessory Products being of 10 (ten) years from the date of purchase when installed and main- available in the manufacturing inventory at the time the claim is accepted tained in accordance with Weathertexs current published materials. by Weathertex. Otherwise, Weathertex will provide such replacement Pre Primed Board - Weathertex warrants that its pre primed boardAccessory Products when they become available.Products will not rot, split or crack for a period of 25 (twenty-five) years11.The Purchaser is not entitled to any other remedies (that is apart from the from the date of purchase when prepared, installed and maintained inremedies detailed in clauses 8 and 9) with respect to a warranty claim accordance with Weathertexs current published materials. under clauses 1, 2 or 3.3.A reference to Products in these warranty terms and conditions does12.This warranty cannot be relied upon by any other person and is not not include accessory products listed Accessories in the Weathertextransferable.Price List (Accessory Products). Weathertex warrants that the Accessory Products will be free from defect in material and workman- 13.Any replacement works will be conducted in accordance with the Building ship for a period of 7 years from the date of purchase. For the purposesCodes and Regulations, Standards, and Council/Authority Regulator of clarity, the warranties provided in clause 1 and 2 do not apply torequirements applicable at the time of construction. Where the Building Accessory Products. Codes and Regulations, Standards, and Council/ Authority Regulator requirements have changed after the Products were purchased, 4.The benefits to the purchaser given by the warranties set out in clausesWeathertex will not be responsible for any costs associated with ensuring 1 to 3 are in addition to other rights and remedies of the purchaser underthat the replacement works comply with the updated Building Codes Australian Consumer Law in relation to the Weathertex products andand Regulations, Standards, and Council/Authority Regulator requirements.accessories. 14.Where an approved claim requires re-coating of the Products the CONDITIONS OF THE WARRANTY Purchaser acknowledges and agrees to accept minor colour variations 5.The warranties provided in clauses 1, 2 and 3 are only available to thebetween the existing or original colour and the re-coated replacement original purchaser (Purchaser) who provides Weathertex with proofProducts or rectification areas.of purchase and who makes the claim in writing within 30 days from15.Except as provided for in these terms and to the fullest extent permitted by the point in time when the defect becomes apparent or should havelaw, all terms, statements, warranties and conditions whether express, become apparent. implied, statutory or otherwise, relating to the Products, the Accessory 6.Weathertex will not be liable for any warranty claims made under claus- Products, the subject matter of these terms or to these terms generally are es 1 and 2 if any of the following apply: excluded. Nothing contained herein excludes or modifies any rights the Purchaser may have under the Australian Competition and Consumer (a) the Products are not installed used or maintained in accordanceAct 2010 (or equivalent in other countries as determined by Weathertex with applicable instructions and/or specifications, including installationin its sole discretion).and site conditions provided by Weathertex (including the publishedDISCLAIMERWeathertex Installation Guide that is current at the date of purchase);(b) the building in which the Products are installed does not comply16.Recommendations made by Weathertex are based on good building with all relevant Building Codes and Regulations, Standards, andpractice and are not a complete statement of all relevant data. As the Council/Authority/Regulator requirements; installation of the Products is influenced by and relies on factors outside the control of Weathertex, Weathertex assumes no responsibility for works/(c) the Purchaser has not complied with any service instructions whichsystems used in connection with the installation of the Products and their Weathertex may give or any subsequent request as to a modificationsuitability to satisfy relevant Building Codes and Regulations, Standards, of the Products which Weathertex may make from time to time inand Council/Authority /Regulator requirements.writing; 17.Unless specifically stated otherwise, the warranties under clauses 1, 2 and (d) the defect is caused by the use of materials, parts or accessory3 apply only to Weathertex products purchased and installed according products that are not supplied, recommended, or approved by Weath- to the Weathertex Installation Guide in Australia, New Zealand and the ertex; Weathertex International Installation Guide.(e) the Products are not maintained, prepared or installed byAUSTRALIAN CONSUMER LAWauthorised installation contractors in circumstances where Weathertex has18.Our goods come with guarantees that cannot be excluded under thedirected the Purchaser to ensure that the Products are maintained,Australian Consumer Law.You are entitled to a replacement or refund for prepared or installed by such authorised installation contractors; or a major failure and compensation for any other reasonably foreseeable (f) the repair, rectification or replacement of the Products is required asloss or damage. You are also entitled to have the goods repaired or re-a result of normal wear and tear or necessitated in whole or in part byplaced if the goods fail to be of acceptable quality and the failure does the fault or negligence of any person other than Weathertex. not amount to a major failure.7.Further to clause 6 and without limiting clause 6, Weathertex underMAKING WARRANTY CLAIMSno circumstances will be liable for any claims, damages, or defects19.The claimant (being the Purchaser) must make all warranty claims inarising from or in any way attributable to: writing. The claimant must be the original purchaser of the Weathertex (a) acts of God, fire, flood or other severe weather conditions or unusu- product and must retain the purchase receipt (in relation to the purchase of al climatic conditions; the product) as proof of purchase. Proof of purchase must be provided to Weathertex as part of the warranty claim. (b) performance of paint/coatings applied to the Products; Warranty claims (and claims for reasonable costs and expenses in mak-(c) development of any algae, bacteria or fungi on the Productsing the claim as referred to in clause 18) can be addressed to Weather-(whether on the exposed or unexposed surfaces); tex by post, fax or via e-mail as follows:(d) poor workmanship; or The Manager Weathertex Pty Ltd (e) any other losses or damages (whether direct or indirect) includingPO Box 21property damage or personal injury, consequential loss, economic lossRaymond Terrace NSW 2324 or loss of profits arising in contract or negligence. Phone 1800 040 080 8.The Product is subject to natural variation in finish and presentation asFax 1800 647 926 a result of the manufacturing process. The purchaser / builder / installerE-mail sales@weathertex.com.aumust ensure the Product meets aesthetic expectations prior to20.Weathertex will respond to all warranty claims. This response mayinstallation. Subject to the terms and conditions of this warranty, afterinclude an inspection by a Weathertex representative of the installed Prod-installation of the Product, Weathertex is not liable for claims arising fromuct.The claimant will bear all costs and expenses of making the claim.aesthetic surface variations if such variations were, or would uponHowever reasonable costs and expenses will be reimbursed to the claim-reasonable inspection have been apparent prior to the installation. ant in the event that the claim is accepted by Weathertex.REMEDIES As of 14th August 2020. 9.Should the Purchasers warranty claim made under clauses 1 and/or 2 Weathertex 27'