In this Warranty:
We, us, or our means ALLSEALEDWA PTY LTD (ACN 623 541 828) and our contact details are set out at the end of this warranty;
You, or your means the person, organisation or entity specified in the Terms of Trade and applicable Quote;
Completion Date means where we reasonably determine that we have completed the supply of the Services to you in accordance with the Terms of Trade.
Complimentary Services means the unbillable services that are provided to you on a complimentary basis and as stated in the Quote.
Defect means any fault, defect or error in the Services including the application of the Product, which is caused by a breach of the Terms of Trade by us and Defective has a corresponding meaning.
Product means the applicable product supplied to you by us pursuant to the Terms of Trade.
Services means services supplied by us pursuant to the Terms of Trade.
Site means the site as set out in the Quote, and includes any other property or sites adjoined to, surrounding or neighbouring the Site that may be necessary to access or use for the provision of the Services.
This warranty is attached to and forms part of Terms of Trade.
- We provide this Warranty to you in addition to any rights or remedies you have under the Australian Consumer Law or any other applicable law (Consumer Law Rights).
- For a third party Product that has been used as part of the Services, the relevant third party product warranties will apply. This includes:
- where we have used silicone product in the supply of the Services, a period of 24 months; or
- where we have used sand or cement grout products in the supply of the Services, a period of 24 months.
- Warranty Period
- Subject to the terms of this Warranty, where part of our Services proves Defective, your entitlement under this Warranty will commence from the Completion Date under the Terms of Trade and will continue to operate for:
- where we have used our AllGrout (epoxy grout) product in the supply of the Services, a period of 25 years;
- where we have used our AllFlex (silicone-based product) product in the supply of the Services, a period of 5 years; or
- where we have used our AllShield (impregnating sealer) product in the supply of the Services, a period of 15 years
(collectively, Warranty Period).
- Your Consumer Law Rights may extend beyond the Warranty Period.
- If any features required to facilitate any repair or replacement pursuant to clause 2.1 are unavailable or no longer in production, or the applicable Product used to supply the Services is no longer available or in production, we will use our best endeavours to use appropriate equivalent materials, parts, features or model.
- Making a valid warranty claim
- Our services and the products we use to supply the services come with guarantees that cannot be excluded under the Australian Consumer Law. For major failures with the service, you are entitled:
- to cancel your service contract with us; and
- to a refund for the unused portion, or to compensation for its reduced value.
You are also entitled to be compensated for any other reasonably foreseeable loss or damage. If the failure does not amount to a major failure, you are entitled to have problems with the service rectified in a reasonable time and, if this is not done, to cancel your contract and obtain a refund for the unused portion of the contract.
- To claim the benefit of this Warranty, you must:
- notify us by email as soon as you become aware that the applicable Product and Services are defective and, in any event, within 14 days of when you become aware that the applicable Product and Services are defective with evidence of proof of purchase of the Services from us and a description and photographs of the claimed defect;
- allow us sufficient access to your site to inspect the applicable Product and Services;
- provide any other information reasonably required by us to assess your claim.
- Where we attend the site to inspect the Services and the applicable Product used to provide the Services as part of a Warranty claim under this clause, and we find the Services and the applicable Product are not covered by this Warranty, you will need to cover our reasonable costs in attending the site.
- Additional Expenses: Any works or services requested by you to be performed by us (including any work or services that are additional to repairs carried out by us pursuant to clause 2.1 and deemed by us to not be covered under this Warranty may incur additional charges, which we will advise you of prior to commencing those additional work or services. We are under no obligation to perform any additional work or services that you may request.
- When this warranty does not apply
- This Warranty does not cover any defect which is caused (or partly caused) or contributed to, by any:
- skirting, bubbling or carpet damage occurring at the Site or surrounding areas;
- Complimentary Services provided by us, our subcontractors or any third party;
- mould growth due to your failure to ventilate or clean the Site;
- discolouration of an applicable Product due to your incorrect use of cleaning products and reasonable wear and tear of the applicable Product over time;
- plumbing or glazing works provided by our subcontractors or third parties;
- hidden hairline cracks, nibbling, chipping, scuffing of tiles as a result of the existing nature of the tile or existence of foreign particles which conflicts with the grout repair;
- your use of acidic or alkaline cleaners, or staining caused by the use of purple dyed shampoo;
- subsidence (including drying out of the Site post completion of the Services or excessive movement of the ground supporting the site, resulting in gaps or cracks in the Services or surrounding areas);
- minor wear and tear to surrounding areas of the site post completion of the Services;
- damage, fault or failure due to external causes, including misuse, tampering or interference with the Product by you or any other person other than us;
- act or omission, accident, or negligence by you or any third party not engaged by us;
- failure on your part to follow any instructions or guidelines (including any user guide or after care instructions) provided by us in relation to the Services, including a failure to maintain the Services and applicable Product used in the supply of Services properly or using alkaline or acidic cleaners on the site where the Services and applicable Product used in the supply of Services were performed;
- use of the Services otherwise than for any application or use specified by us;
- continued use of the Services (where such use is not reasonable) after any defect in the Services and applicable Product used in the supply of Services becomes apparent or would have become apparent to a reasonably prudent person;
- incorporation or installation of fixtures, appliances or other items into the Services and applicable Product used in the supply of the Services;
- failure by you to notify us of any defect in the Services and applicable Product used in the supply of the Services within a reasonable period of time after you become aware of or ought to have reasonably become aware of the relevant defect;
- reasonable wear and tear of the Services and the applicable Product used in the supply of the Services;
- act of God or force majeure event (including but not limited to war, riot, invasion, act of terrorism, contamination, earthquake, flood, fire, or other natural disaster, or any other event or circumstance beyond our reasonable control); or
- installation, repair, replacement, maintenance, altering, overhauling or otherwise compromise of the Services and the applicable Product used in the supply of the Services by you or any person other than us.
- This Warranty is only valid and enforceable in Australia and is governed by the laws of Western Australia.
- Terms of Trade prevails: This Warranty is subject to the Terms of Trade and in the event of any inconsistency or ambiguity between this Warranty and the Terms of Trade, the Terms of Trade will prevail.
- Limitation of Liability: To the maximum extent permitted by law, our Liability under this Warranty will be limited and/or excluded in accordance with any limitation or exclusion of Liability set out in the Terms of Trade (including in relation to Consequential Loss).
- No third party reliance: The benefit of this Warranty is for you only, and no other person or third party can rely on or make a claim under this Warranty.
- No Assignment or transfer: This Warranty or the benefit under this Warranty cannot be assigned or transferred to any other person or third party.
- Severance: If any provision of this Warranty is held to be void, invalid or illegal or unenforceable in any jurisdiction, that provision is to be read down as narrowly as necessary to allow it to be valid or enforceable, failing which, that provision (or part of that provision) will be severed from this Warranty without affecting the validity or enforceability of the remainder of that provision or the other provisions in this Agreement.
Contact us for further details:
ALLSEALEDWA PTY LTD (ACN 623 541 828)
7/45 Barley Place, Canning Vale, Perth, WA 6155, Australia
(08) 6007 3164