DTA (hereinafter “DTA”) warrants to the original purchaser (“Purchaser”) that, for the period of time set forth in the following sentence, under normal use and service conditions, DTA® 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 such warranty shall be twenty-five (25) years from the date of original purchase for a residential application, and ten (10) years from the date of original purchase for a commercial application. If a defect occurs within the warranty period, Purchaser shall notify DTA in writing and, upon confirmation by an authorized DTA representative of the defect, DTA’s sole responsibility shall be, at its option, to either replace the defective item or refund the portion of the purchase price paid by Purchaser for such defective item (not including the cost of its initial installation).
For purposes of this warranty, a “residential application” shall refer to an installation of the Product on an individual residence, and a “commercial application” shall refer to any installation of the Product other than on an individual residence.
TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, THIS WARRANTY SHALL NOT COVER AND DTA SHALL NOT BE RESPONSIBLE FOR COSTS AND EXPENSES INCURRED WITH RESPECT TO THE REMOVAL OF DEFECTIVE DTA PRODUCTS OR THE INSTALLATION OF REPLACEMENT MATERIALS, INCLUDING BUT NOT LIMITED TO LABOR AND FREIGHT.
With respect to a residential application, this warranty may be transferred one (1) time, within the five (5) year period beginning from the date of original purchase by the Purchaser, to a subsequent buyer of the property upon which the DTA products were originally installed. With respect to a commercial application, this warranty is freely transferable to subsequent buyers of the property upon which the DTA products were originally installed.
To make a claim under this limited warranty, Purchaser, or the transferee, shall send to DTA, within the warranty period referred to above, a description of the claimed defect and proof of purchase, to the following address:
DECK TECH AUSTRALIA
41 Denninup Way, Malaga WA 6090, Australia.
DTA does not warrant against and is not responsible for any condition attributable to:
(1) Improper installation of DTA products and/or failure to abide by DTA’s installation guidelines, including but not limited to improper gapping.
(2) Use of DTA products beyond normal use and service conditions, or in an application not recommended by DTA’s guidelines and local building codes.
(3) Movement, distortion, collapse or settling of the ground or the supporting structure on which DTA products are installed.
(4) any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mold, mildew, etc.), staining from foreign substances (such as dirt, grease, oil, etc.), or normal weathering (defined as exposure to sunlight, weather and atmosphere which will cause any coloured surface to gradually fade, chalk, or accumulate dirt or stains).
(5) Variations or changes in colour of DTA products.
(6) Improper handling, storage, abuse or neglect of DTA products by Purchaser, the transferee or third parties.
(7) Ordinary wear and tear. No person or entity is authorized by DTA to make and DTA shall not be bound by any statement or representation as to the quality or performance of DTA products other than as contained in this warranty. This warranty may not be altered or amended except in a written instrument signed by DTA and Purchaser.
(8) No warranty is given with respect to variations or changes or embossing patterns of Deck Tech Australia Products.
(9) Deck Tech Australia shall not be responsible for labour costs and expenses incurred with respect to the replacement of any defective Dech Teck Australia Products outside of the 1 year Labour Limited Warranty.
(10) Painting or applying other coating materials voids all warranties.
TO THE FULLEST EXTENT PERMITTED UNDER THE LAW, UNDER NO CIRCUMSTANCES WILL DTA BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER SUCH DAMAGES ARE SOUGHT IN CONTRACT, IN TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE, AND DTA’S LIABILITY FOR NONPERSONAL INJURY CLAIMS WITH RESPECT TO DEFECTIVE PRODUCTS SHALL IN NO EVENT EXCEED THE REPLACEMENT OF SUCH PRODUCTS.
Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure. The benefits under this Warranty are in addition to other rights and remedies under a law in relation to the goods to which this warranty relates. This warranty shall only be applicable and enforceable in Australia.