b'MANUFACTURERS WARRANTY1.Weathertex Pty Ltd A.B.N 67 084 713 986 (Weathertex) warrants that the(a) Weathertex replacing the Products provided the claim is accepted by Weathertex and Products supplied are of first quality, free from material defect in materials,subject to such replacement Products being available in the manufacturing inventory design and workmanship, and in conformity with the technical specificationsatthetimetheclaimisacceptedbyWeathertex.Otherwise, detailed in the published Weathertex Installation Guide that is current at theWeathertexwillprovidesuchreplacementProductswhentheybecome date of purchase. This statutory warranty applies for a period of 12 monthsavailable. from the date of purchase in addition to the following clauses. (b) Weathertex repairing the Products provided the claim is accepted by Weath-2.Natural Board - Weathertex warrants that its Natural (Brown) Board Prod- ertex. ucts will not rot, split or crack for a period of 10 (ten) years from the date of10.Should the Purchasers warranty claim made under clause 3 be valid, then the purchase when installed and maintained in accordance with Weathertexsremedy provided by Weathertex will be limited to Weathertex replacing the Ac-current published materials. cessory Products provided the claim is accepted by Weathertex and subject to Pre Primed EcoWall and Rubix Panel - Weathertex warrants that its EcoWallsuchreplacementAccessoryProductsbeingavailableinthe Products will not rot, split or crack for a period of 10 (ten) years from the datemanufacturinginventoryatthetimetheclaimisacceptedbyWeathertex. of purchase when installed and maintained in accordance with WeathertexsOtherwise, Weathertex will provide such replacement Accessory Products when current published materials. they become available.PrePrimedBoard-Weathertexwarrantsthatitspreprimedboard11.The Purchaser is not entitled to any other remedies (that is apart from the rem-Products will not rot, split or crack for a period of 25 (twenty-five) years fromedies detailed in clauses 8 and 9) with respect to a warranty claim under the date of purchase when prepared, installed and maintained in accordanceclauses 1, 2 or 3.with Weathertexs current published materials. 12.This warranty cannot be relied upon by any other person and is not transferable.3.A reference to Products in these warranty terms and conditions does not13.Any replacement works will be conducted in accordance with the Building Codes and include accessory products listed Accessories in the Weathertex Price ListRegulations, Standards, and Council/Authority Regulator requirements applica-(Accessory Products). Weathertex warrants that the Accessory Productsble at the time of construction. Where the Building Codes and Regulations, Stand-will be free from defect in material and workmanship for a period of 7 yearsards,andCouncil/AuthorityRegulatorrequirementshavechanged from the date of purchase. For the purposes of clarity, the warranties providedafter the Products were purchased, Weathertex will not be responsible for any in clause 1 and 2 do not apply to Accessory Products. costs associated with ensuring that the replacement works comply with the up-4.The benefits to the purchaser given by the warranties set out in clauses 1 todated Building Codes and Regulations, Standards, and Council/Authority Regulator 3 are in addition to other rights and remedies of the purchaser under Australianrequirements.Consumer Law in relation to the Weathertex products and accessories.14.Where an approved claim requires re-coating of the Products the Purchaser CONDITIONS OF THE WARRANTY acknowledges and agrees to accept minor colour variations between the exist-5.The warranties provided in clauses 1, 2 and 3 are only available to the originaling or original colour and the re-coated replacement Products or rectification areas.purchaser (Purchaser) who provides Weathertex with proof of purchase15.Except as provided for in these terms and to the fullest extent permitted by law, all and who makes the claim in writing within 30 days from the point in timeterms, statements, warranties and conditions whether express, implied, statutory when the defect becomes apparent or should have become apparent. or otherwise, relating to the Products, the Accessory Products, the subject matter of these terms or to these terms generally are excluded. Nothing contained herein 6.Weathertex will not be liable for any warranty claims made under clauses 1excludes or modifies any rights the Purchaser may have under the Australian and 2 if any of the following apply: Competition and Consumer Act 2010 (or equivalent in other countries as deter-(a) the Products are not installed used or maintained in accordance withmined by Weathertex in its sole discretion).applicableinstructionsand/orspecifications,includinginstallationandsiteDISCLAIMERconditions provided by Weathertex (including the published Weathertex Installation Guide that is current at the date of purchase); 16.Recommendations made by Weathertex are based on good building practice and (b) the building in which the Products are installed does not comply with allare not a complete statement of all relevant data. As the installation of the Products relevant Building Codes and Regulations, Standards, and Council/Authority/ is influenced by and relies on factors outside the control of Weathertex, Weathertex Regulator requirements; assumes no responsibility for works/systems used in connection with the installation of the Products and their suitability to satisfy relevant Building Codes and Regula-(c) the Purchaser has not complied with any service instructions whichtions, Standards, and Council/Authority /Regulator requirements.Weathertex may give or any subsequent request as to a modification of the17.Unless specifically stated otherwise, the warranties under clauses 1, 2 and 3 ap-Products which Weathertex may make from time to time in writing; ply only to Weathertex products purchased and installed according to the (d) the defect is caused by the use of materials, parts or accessory productsWeathertex Installation Guide in Australia, New Zealand and the Weathertex Inter-that are not supplied, recommended, or approved by Weathertex; national Installation Guide.(e) the Products are not maintained, prepared or installed by authorisedAUSTRALIAN CONSUMER LAWinstallation contractors in circumstances where Weathertex has directed the18.Ourgoodscomewithguaranteesthatcannotbeexcludedunderthe Purchaser to ensure that the Products are maintained, prepared or installed byAustralian Consumer Law.You are entitled to a replacement or refund for a such authorised installation contractors; or major failure and compensation for any other reasonably foreseeable loss or (f) the repair, rectification or replacement of the Products is required as adamage. You are also entitled to have the goods repaired or replaced if the result of normal wear and tear or necessitated in whole or in part by the faultgoods fail to be of acceptable quality and the failure does not amount to a or negligence of any person other than Weathertex. major failure.7.Further to clause 6 and without limiting clause 6, Weathertex under noMAKING WARRANTY CLAIMScircumstances will be liable for any claims, damages, or defects arising from19.Theclaimant(beingthePurchaser)mustmakeallwarrantyclaimsin or in any way attributable to: writing. The claimant must be the original purchaser of the Weathertex product (a) acts of God, fire, flood or other severe weather conditions or unusualand must retain the purchase receipt (in relation to the purchase of the product) as climatic conditions; 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 making the (c) development of any algae, bacteria or fungi on the Products (whether onclaim as referred to in clause 18) can be addressed to Weathertex by post, fax the exposed or unexposed surfaces); 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 loss or lossRaymond Terrace NSW 2324 of profits arising in contract or negligence. Phone 1800 040 080 8.The Product is subject to natural variation in finish and presentation as aFax 1800 647 926 result of the manufacturing process. The purchaser / builder / installer mustE-mail email@example.com the Product meets aesthetic expectations prior to installation. Subject20.Weathertexwillrespondtoallwarrantyclaims.Thisresponsemay to the terms and conditions of this warranty, after installation of the Product,include an inspection by a Weathertex representative of the installed Product.The Weathertex is not liable for claims arising from aesthetic surface variations ifclaimant will bear all costs and expenses of making the claim.However reason-such variations were, or would upon reasonable inspection have been apparentable costs and expenses will be reimbursed to the claimant in the event that the prior to the installation. claim is accepted by Weathertex.REMEDIES As of 29th October 2018. 9.Should the Purchasers warranty claim made under clauses 1 and/or 2 be valid within the relevant warranty period, then the remedy provided by Weathertex will be limited to either of the following (where possible) as cho-sen by Weathertex:38'