XTREME GUARD Warranty

This information is available as a PDF; ModWood Xtreme Guard Warranty 2019

Customers

The ModWood Warranty is below and please register your purchase on the Warranty Registration Page.

Limited [domestic/commercial] warranty

ModWood Technologies Pty Ltd gives the warranty set out in this document in relation to its ModWood products.

This warranty is issued by
ModWood Technologies Pty Ltd (ACN 094 868 201)
5 Jesica Road Campbellfield Vic 3061
Telephone: (03) 9357 8866
Email: info@modwood.com.au
Facsimile: (03) 9357 6755

Correspondence and claims regarding the warranty set out in this document must be sent in writing to ModWood Technologies at the postal or email address set out above. Upon discovering a possible defect of the XTREME GUARD product, purchaser must make temporary repairs or cordon off the area at the purchaser’s expense to protect all property and persons that could be affected. If necessary, the purchaser must allow ModWood Technologies (or a representative of ModWood Technologies) to enter the property upon which the XTREME GUARD is installed to inspect the defective product.

This warranty is given to the original purchaser of ModWood XTREME GUARD decking materials (Purchaser).

For the purposes of this warranty, a “residential application” is an installation of the product on an individual residence, and a “commercial application” is any installation of the product other than on an individual residence.

If XTREME GUARD:

• rots;
• warps*;
• cracks;
• splits;
• splinters;
• suffers structural damage from termites; or
• contains material defects in materials or workmanship,

within:

• in the case of a residential application of the product, 25 years after it is purchased; and
• in the case of a commercial application of the product, 10 years after it is purchased,

(Warranty Period) then we will at our option either replace the affected product or refund the amount paid for the affected product (as adjusted on the basis of the prorated warranty schedule set out below, where applicable) to the original Purchaser of the product if:

1. it was installed and used (product has been used/installed as per what the product has been described to be used for, as stated on the web site) in accordance with our instructions in a domestic/non-domestic application; and
2. within the Warranty Period the original Purchaser provides evidence of the defect, the quantity of ModWood XTREME GUARD affected by the defect and a receipt for the purchase of the defective XTREME GUARD or evidence of the age of the defective XTREME GUARD which establishes the age of the defective XTREME GUARD to our satisfaction,

except in the circumstances set out below. Where XTREME GUARD is replaced under this warranty the replacement XTREME GUARD will be covered by this warranty for the remainder of the term of this warranty

* Please note:- If used in vertical applications i.e. screening/fascia, the product can in some circumstances show slight deflection between the uprights.

If the Purchaser makes a valid warranty claim during years eleven (11) through twenty-five (25) after the original purchase for a residential application, recovery will be prorated. If we are providing replacement materials, we will replace the percentage listed below of the affected product; or, if we are refunding the purchase price, we will refund the percentage listed below of the amount paid for the affected product.

Replacement XTREME GUARD material will be as close in colour, design and quality to the original installation as reasonably possible, in ModWood Technologies’ discretion and determination, but ModWood Technologies does not guarantee an exact match as colours and profiles may change.

This warranty does not cover:

• fair wear and tear, scratching, fading, staining, mould, mildew, metallic oxides or particles, or minor splits or cracks around screws or nails;
• splits propagating within the vicinity of fasteners. These are not recognised as a product fault, and are not covered by the XTREME GUARD warranty;
• damage caused by any natural event or disaster (such as fire, flooding, earthquakes, lightning or storms) or as a consequence of movement or collapse of the structure to which the XTREME GUARD is affixed;
• variations in embossing patterns;
• variations in colour (XTREME GUARD is designed to have colour variation);
• small bubbles/blemishes on board surface;
• expenses incurred in claiming under the warranty;
• site specific audible tones occurring between XTREME GUARD boards;
• damage which is caused intentionally, recklessly or negligently (for example damage caused by spilling solvents on the ModWood XTREME GUARD or dropping or storing heavy objects on the ModWood XTREME GUARD);
• damage caused by environmental conditions, static electricity or any cause beyond the control of ModWood Technologies;
• damage caused by low-emissivity (Low-E) glass by highly elevated heat build-up on decking;
• any fasteners not supplied by ModWood Technologies;
  or
• COSTS AND EXPENSES INCURRED WITH RESPECT TO THE REMOVAL OF THE DEFECTIVE PRODUCT OR THE INSTALLATION OF REPLACEMENT MATERIALS, INCLUDING BUT NOT LIMITED TO LABOUR AND FREIGHT.

No warranty is given with respect to any fastener supplied by another manufacturer. Purchaser’s sole recourse is against that manufacturer.

This warranty may be transferred one time, within the five year period beginning from the date of original purchase by Purchaser, to a subsequent buyer of the property upon which the XTREME GUARD products were originally installed. Transfer of this warranty does not extend the term of warranty

The benefits in this warranty are additional to other rights and remedies that a consumer has under laws in relation to the goods to which this warranty relates.

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 goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

This warranty is only applicable and enforceable in Australia.