9. Warranty
9.1 Subject to the conditions of warranty set out in Clause 9.2 the Seller warrant that if any defect in any workmanship or product by the Seller becomes apparent and is reported to the Seller within twelve (12) years from the date of Service or any other Goods for which the warranty period has been defined at the time of application (time being of the essence) then the Seller will either (at the Seller's sole discretion) repair the defect or replace the workmanship/product.
9.2 The conditions applicable to the warranty given by Clause 9.1 are:
(a) The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
i) Failure on the part of the Client to properly maintain any Goods; or
ii) Failure on the part of the Client to follow any instructions or guidelines provided by the Seller; or
iii) Any use of any Goods otherwise than for any application specified on a quote or order form; or
iv) The continued use of any Goods after any defect becomes apparent or would have become apparent to a reasonably prudent occupant, user or professional persons; or
v) Fair wear and tear, any accident or act of God.
(b) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Seller's consent.
(c) In respect of all claims the Seller shall not be liable to compensate the Client for any delay in either replacing or repairing the workmanship/Product or in properly assessing the Client's claim. Any claims investigated by the Seller and found applicable under Clause 9.2, 9.3 or 9.4 and not covered by the warranty then the Client shall be charged at a rate of $72.00 GST inclusive per 30 minute block on-site. The Client shall also be responsible for all other expenses and costs incurred by the Seller due to access delays caused by the Client their sub-contractors or agent(s) in investigating such allegation, problems, faults or warranty claims shall be charged at a rate of $72.00 GST inclusive per 30 minute block on-site waiting time.
(d) The warranty shall cease and the Seller shall thereafter in no circumstances be liable under the terms of the warranty if the Sellers invoice monies due and payable has not been paid by the Client and honoured as per Clause 4.
(e) The Client expressly acknowledges and agrees that it has not relied upon any advice given by the Seller in relation to the suitability for any purpose of Goods supplied by us.
9.3 The warranty does not apply if:
(a) The shower is affected by any structural movement however caused;
(b) The shower is affected by any substrate movement however caused;
(c) Any damage is caused to the area treated or surrounding by neglectful, intentional or accidental acts;
(d) The treated area has been used for other activities contrary to its designed purpose intentional or otherwise;
(e) There are latent defects within the premises in reasonable proximity to the treated area at the time of, or which become apparent subsequent to, application of the product,
(f) An alteration or replacement of any fixture or fittings is undertaken subsequent to the original application of the product which in anyway detrimentally affects the treated area;
(g) Any plumbing, works or moisture have subsequently detrimentally affected the treated area;
(h) Any flooring, sheeting, substrate, materials or tile bonding arises which in anyway detrimentally affect the treated area
(i) Works are completed by person or persons other than the Seller or the Sellers agent, which detrimentally affect the treated area, after the application of the product; and
(j) The source of the leak is incorrectly diagnosed by person or persons other than the Seller or the Sellers agent before or after the application of the product; and
(k) Any pre-existing or subsequent tiling problem, relating either to the adherence of the tiles or the inherent quality of the tiles, arises which detrimentally affects the treated area; and
(l) A moulded shower or bath moves away from the walls; and
(m) A moulded shower or bath is affected by any twisting or deflection however caused.
(n) The shower has been used within twelve hours after service or as stated on the Seller’s after service notification.
9.4 The warranty does not cover
(a) Tiling, grout, bleed back or leaching, growth of mould, mildew and bacteria, periodic cleaning or maintaining grout integrity or the use of silicone or polyurethane sealants.
(b) Efflorescence and carbon calcimite formation or secondary formation.
(c) Any chipping, gouging, cracking or breakage of tiles, shower screen or any fixture, fittings and tap ware resulting from the service.
(d) The appearance of the shower including product and grout colour matching; and
(e) Staining, discoloration or degrading over time directly or indirectly as a result of cleaning products or personal care products, or secondary mould growth; and
(f) Variations in thickness or product application due to initial placement of tiles, lie, warping or lipping of the face surface; or
(g) Required diamond bur diameter to achieve optimum product adhesion.
9.5 For Goods not manufactured by the Seller, the warranty shall be the current warranty provided by the manufacturer of the Goods. The Seller shall be under no liability whatsoever, except for the express conditions as detailed and stipulated in the manufacturer's warranty.
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