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Product guarantee
Web Dynamics Ltd of Batchworth Lock House, 99 Church Street, Rickmansworth, Hertfordshire, WD3 1JJ (the “Guarantor”), covers the customer (the “Purchaser”) with the following Guarantee.
In the event of a conflict between the terms of this Guarantee and the Guarantor’s Terms and Conditions of Sale then the terms of this Guarantee shall prevail. 1. System
The Guarantee is for the TLX Insulation System, the components of which are: TLX in combination with either WEB UV10, WEB UV15 or WEB UV25 (the “System”). 2. Guarantee
Subject to the terms and conditions of this Guarantee the Guarantor warrants that the System is in keeping with the Guarantor’s certification documents for such System at the time of installation and will continue to function as an insulation system during the life of the roof or 25 years, whichever is shorter.
This Guarantee is the only Guarantee that shall be given by the Guarantor in respect of the System and all other warranties, conditions and other terms whether express or implied by statute or common law are, to the fullest extent permitted by law, excluded from the contract for the sale of the System including but not limited to warranties in relation to fitness for purpose, performance, use, nature or quality.
The Purchaser must register the guarantee within 3 months of purchase of the System, by completing the guarantee registration form and returning it together with original proof of purchase, otherwise the guarantee is not valid. If a guarantee registration form was not included when you purchased the System, they are available from the Guarantor at the above address. 3. Period of Guarantee
The Guarantee period shall be 25 years starting from the date of purchase of the System by the Purchaser. If the System is replaced, in whole or in part, under this Guarantee then the guarantee period for such replaced System shall be the unexpired portion of the 25 year guarantee period in respect of the System. 4. Conditions for Claiming under Guarantee The Purchaser shall: a. Prior to installation, keep all components of the System in warm and dry conditions b. Install the TLX insulation as per manufacturers instructions c. Protect the TLX insulation with the underlay within 2 weeks of installation of the TLX insulation d. Protect the underlay with tiles within 2 weeks of installation of the underlay e. Provide proof of purchase date and batch code for the component(s) subject to the claim
f. Use counter battens g. Notify the Guarantor in writing of the occurrence and nature of defects within seven days of their appearance
h. Permit the Guarantor to inspect the defects.
If these conditions are not complied with then the Guarantor’s obligations under this Guarantee shall not apply. 5. Limits On Guarantee a. The Guarantee shall only cover defects which have arisen solely from the System design, workmanship or materials of the Guarantor. b. This Guarantee is valid for the geography of United Kingdom and Eire only. c. The Purchaser shall not be covered for defects that have arisen: i. from the installation or joining of the System other than in accordance with any relevant building regulations or other legislation current at the date of installation and/or the Guarantor’s instructions for installation of the System, ii. from joining or attaching the System whether to other parts of the System or to component parts of the roof, or iii through fair wear and tear, or iv from unauthorised repair of the System, or v. from any attempt to move or re-install the System by the Purchaser or any third party. or vi. from the replacement of the roof under/in which the System was originally installed. d. This Guarantee shall only apply to Systems installed on the roof within 12 months of purchase of the components. 6. Scope of Liability a. If in the event of a claim the Guarantor is liable to the Purchaser under this Guarantee the Guarantor will, at its sole option:
- replace the System as purchased from the Guarantor, in whole or in part, with the same or similar goods from the Guarantor
- Deliver all replacement goods to the original point of delivery free of charge subject to the Guarantor’s Terms and Conditions of Sale
For the avoidance of doubt, the Guarantor will not be liable for the reinstallation of any replacement goods or the cost thereof. b. The Guarantor’s liability for loss or damage to or caused by the System including (but not limited to) direct and indirect loss of profit, economic loss, indirect or consequential loss or damage, costs or expenses or for any liability incurred by the Purchaser to another person for any economic loss, claim for damages or awards however arising is excluded. c. Nothing in this Guarantee shall exclude or limit the Guarantor's liability for death or personal injury caused by the Guarantor’s negligence or for fraudulent misrepresentations. If the Purchaser is a consumer, this guarantee does not affect a consumer’s statutory rights. d. If the Guarantor is still found to be liable (notwithstanding the exclusion of liability in clause 6.2 above) to the Purchaser then the Guarantor’s total liability shall be limited to the direct loss suffered by the Purchaser and shall not exceed the greater of the sum payable under this Guarantee or £50,000 and the Guarantor shall not be liable to the Purchaser for any direct or indirect loss of profit or other economic loss (whether direct or indirect), indirect or consequential loss or damage, costs, expenses or other claims for consequential compensation or loss or damage (however caused) which arises out of or in connection with the supply of the System to the Purchaser. e. This Guarantee sets out the whole liability of the Guarantor in respect of any defects in the System. f. Only the Purchaser, and no other person, will have rights under this Guarantee. 7. Inspection Prior to Acceptance of Breach of Guarantee
Before accepting that there has been a breach of Guarantee, the Guarantor may inspect the System at the site of installation at a mutually convenient time. The Guarantor will give written notice of whether it accepts that there has been a breach of Guarantee or not within 14 days of the site inspection. 8. Appointment of Expert
If the Guarantor rejects that there has been a breach of Guarantee or if the parties involved have a different technical opinion regarding the reason for the damage or otherwise cannot agree the claim then, at the Guarantor’s option within 10 days of rejection of there being a breach of Guarantee the guarantee claim may be referred to an independent qualified expert and the Guarantor and the Purchaser agree to be bound by the decision of such expert and to follow this procedure: a. agree on a neutral independent qualified expert b. the expert will draw up and present his/her determination within 21 days of appointment of the expert or such period as agreed by the parties involved c. both parties shall supply the expert with all the assistance, documents and information they require for the purpose of the determination d. if he/she deems it necessary the expert can employ an external professional body to assist him/her in his/her determination after both parties have been informed e. the costs of the report are, according to the assessment of the expert, either split between the two parties according to the degree to which they are held responsible for the cause of the damage or are attributed to one of the parties f. the written decision of the expert is final and binding on all parties in the absence of manifest error or bad faith. The expert shall act as expert and not as arbitrator. The expert’s decision is not a judicial procedure 9. Court of Jurisdiction
Any dispute or claim relating to this Guarantee shall be governed by and construed in accordance with English law and shall be subject to the non-exclusive jurisdiction of the English Courts. |
