MANUFACTURERS WARRANTY

(WARRANTY AGAINST DEFECTS)

Ekodeck Installation Guide 2

1. DEFINITIONS

1.1. The following terms have the following meanings:

“Australian Consumer Law” means Schedule 2 to

the Competition and Consumer Act 2010 (Cth).

“Ekodeck” means Ekologix Australia Pty. Ltd.

ACN 133 471 619 or any trading entity of Ekodeck.

“Major Defect” means a defect that relates to a

safety defect as that term is defined by the

Australian Consumer Law.

“Purchaser” means the original legal owner of the

premises upon which the Product is installed.

“Product” means the product purchased by the

Purchaser to which this Manufacturer’s Warranty

is attached.

“Term” means the period of time stated on the

label or packaging for that particular Product

from the date of purchase from Ekodeck or any

Authorised Distributor.

2. WARRANTY

2.1. Nothing in this Manufacturer’s Warranty excludes,

restrict or modifies any condition, warranty,

right or remedy implied by law, including the

Australian Consumer Law which cannot be

excluded, restricted or modified.

2.2. Subject to this Manufacturer’s Warranty and the

Warranty Claim Procedure, Ekodeck warrants this

Product to be free of defects for the Term.

2.3. Ekodeck constructs all Products in accordance

with applicable Australian Standards, which may

include AS 1170.1 and AS 1720.1.

2.4. As soon as practically possible after a defect

arises the Purchaser must inform Ekodeck of the

defect in accordance with the Warranty Claim

Procedure.

2.5. If Ekodeck determines that a Major Defect exists,

Ekodeck, at its sole discretion may provide the

Purchaser with a replacement or refund or

compensation for any other reasonably

foreseeable loss or damage suffered by the

Purchaser.

2.6. If Ekodeck determines that a defect, which is

not a Major Defect, exists Ekodeck, at its sole

discretion, may provide the Purchaser with an

offer to replace or repair the Product.

2.7. A defect does not arise from or exist if Ekodeck

determine that the defect was caused or exacer

bated by:

2.7.1. The Purchaser using the Product beyond the

capabilities associated with the applicable

Australian Standard;

2.7.2. Improper installation, maintenance or han

dling of the Product and/or failure to abide

by Ekodeck’s installation or maintenance

guidelines, including but not limited to

improper gapping;

2.7.3. Use of the Product contrary to an applicable

Australian Standard, local building

regulations or State, Territory or Federal laws;

2.7.4. Movement, distortion, collapse or settling

of the foundation or the supporting structure

on which the Product is installed;

2.7.5. Any act of God (including flooding,

earthquake, lightning and any other naturally

occurring environmental or other disaster);

2.7.6. Staining from foreign substances (including

dirt, grease, oil and any other substance);

2.7.7. Normal expected exposure to natural el

ements, including but not limited to mildew

or mould;

2.7.8. Gradual discolouration (including fading

and staining); 2.7.9. Ordinary wear and tear; or

2.7.10. Minor splits or cracking around screws.

2.8. Where a defect in a Product arises due to mould

or mildew, the term of the warranty will be limited

to two (2) years notwithstanding any other

provision in this Manufacturer’s Warranty,

but not excluding any implied term under the

Australian Consumer Law.

2.9. This warranty is not transferable; it applies only to

the Purchaser.

2.10. Should Ekodeck elect to replace any part of the

Product, Ekodeck reserves the right to replace

the Product with parts and components of

similar quality, grade and composition where

identical parts or components are not available.

3. WARRANTY CLAIM PROCEDURE

3.1. In order to make a claim under this

Manufacturer’s Warranty on any Products the

Purchaser must follow the Warranty Claim

Procedure.

3.2. The Purchaser must provide written notification

to Ekodeck, via Ekodeck’s details provided

below in this Manufacturer’s Warranty, within

thirty (30) days of the alleged defect becoming

reasonably known to the Purchaser.

Ekodeck Installation Guide

3.3. The written notification referred to in paragraph

3.2 above must including the following details:

3.3.1. A clear description of the alleged defect;

3.3.2. Photographs of the alleged defect;

3.3.3. total proportion of the Product claimed to

be defective; and

3.3.4. Proof of original receipt (or other evidence

displaying the date of purchase which

Ekodeck is reasonably satisfied with).

3.4. Upon receipt of this information Ekodeck will

contact the Purchaser to investigate the alleged

defect contained in the written notification.

Any and all investigations will progress as

quickly as practicably possible and will seek to

establish whether a Product defect exists.

3.5. At any time during the investigation Ekodeck may

request the assistance of any third party

expert(s), including building and constructions

experts, engineers or scientists, Ekodeck deems

appropriate to ascertain whether a defect exists.

3.6. After conducting an investigation, Ekodeck will

inform the Purchaser in writing whether or not a

defect exists and any potential remedy to that

defect as determined by Ekodeck that is

applicable in the circumstances.

4. WARRANTY EXCLUSIONS

4.1. The following cost(s) or damage allegedly

suffered by the Purchaser as a result a Product

defect are not covered this Manufacturer’s

Warranty insofar as applicable under this

Manufacturer’s Warranty and at law:

4.1.1. Cost(s) associated to remove the Product from

the premises; or

4.1.2. Cost(s) or charge(s) incurred by the Purchaser

in returning any defective Product to Ekodeck or

the original place of purchase; or

4.1.3. Cost(s) or charge(s) incurred by the Purchaser to

notify Ekodeck of the alleged defective Product

or incurred in the Warranty Claim Procedure;

4.1.4. Cost(s) associated to install any replacement

Product;

4.1.5. Any other reasonably foreseeable costs

incurred by the Purchaser.

5. PRODUCT EXCLUSIONS

5.1. Some Products are made by combining

reclaimed timber and bamboo with recycled

plastics, including high-density polyethylene.

5.2. Whilst Ekologix take all appropriate steps to

ensure consistency in all Products, natural and

immaterial variances can be present in

appearance.

5.3. Natural and immaterial variances in any Product

are not a defect under this Manufacturer’s

Warranty and are specifically excluded.

5.4. Product dimensions are subject to normal

manufacturing variations and tolerances.

Reasonable variances, as determined by

Ekodeck, in Product dimensions are not

considered a defect under this Manufacturer’s

Warranty and are specifically excluded.

6. EKODECK EXCLUSION AND

CONTACT DETAILS

6.1. Ekodeck or any of its affiliated employees or

agents will not be liable for any special, indirect

or consequential loss or damage arising out

of the use of, or handling of any Ekodeck Product

whatsoever, including any special, indirect or

consequential loss or damage suffered as a result

of the negligence of Ekodeck, except those which

cannot be excluded under the Australian

Consumer Law or applicable State, Territory or

Federal laws.

6.2. Ekodeck can be contacted at:

Business address: Unit 1, 20-26 Sabre Drive, Port

Melbourne, Victoria, Australia 3207

Phone: +61 3 9639 7774

Email: info@ekologix.com.au

7. ACL Guarantees

7.1. 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 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.

www.ekodeck.com.au

Ekodeck Australia Pty Ltd. Unit 1, 20-26 Sabre Drive Port Melbourne, VIC 3207

Phone: +61 3 9639 7774 Email: info@ekodeck.com.au