Biowood Material Warranty
GRM (Aust.) Pty Ltd (“Biowood”) warrants its entire composite product, in its original manufactured state, to be free from manufacturer’s defects subject to the terms conditions and limitations.
GRM (Aust.) Pty Ltd (“Biowood”) warranty is for a period of 15 years, from the date of purchase of the Biowood products, warrants its products to be resistant to cracking, splitting, swelling or rotting, flaking or peeling, water and moisture and to termites and other vermin. Excluding any mechanical problem such as indentation, scratches and/or surface damage caused by lack of proper protection and/or maintenance, moisture problems, or abuse. Colour & gloss reduction is not considered surface wear. It is to be expected a 10% colour fading yearly due to normal wear and tear.
Biowood is a natural product, containing natural variations in colour, tone, and grain. GRM (Aust.) Pty Ltd (“Biowood”) cannot guarantee against natural variations in each plank, nor differences between sample and colour of the floor. The installer is responsible for inspecting each plank for colour, finish, size and other quality issues prior to installation. Should there be any defects noted prior to installation, GRM (Aust.) Pty Ltd (“Biowood”) will replace the defective planks. GRM (Aust.) Pty Ltd (“Biowood”) does not warrant installation, nor is it covered in claims.
GRM (Aust.) Pty Ltd (“Biowood”)warranty does not cover indentations, scratches, or damages cause by negligence, exposure to extreme heat, dryness or water saturation, accidents, abuse, misuse, indentations from heels or pets, stains as a result of chemical or industrial products, insufficient protection or improper alterations of the original manufactured product.
GRM (Aust.) Pty Ltd (“Biowood”) may provide recommendations on installation. GRM (Aust.) Pty Ltd (“Biowood”) does NOT warranty any of these recommendations or products, including but not limited to installation tools such as staple guns, installation instructions, finishes, and cleaners. Please consult the manufacturers of these products and or the installer for warranty information.
GRM (Aust.) Pty Ltd (“Biowood”) is not a shipping company and cannot warrant damage that may have occurred while in transit. It is the customer’s responsibility to inspect all material upon arrival. If any damage is found it must be documented on the original bill of lading and is the customer’s sole responsibility to seek compensation from the shipping company. Each customer has the right to arrange their own shipping.
The warranty is given under normal environmental conditions, for which the products are designed, without the harm of external elements and chemical corrosion, through misuse and or improper storage, handling, application, finishing and or poor maintenance; alterations to the structure supporting the Biowood products, after the original installation of the products; act of terrorism or war; natural disaster events, such as hurricanes, tornados, hail, earthquakes, floods, fire or other similar causes beyond the control of Biowood.
There are no express or implied warranties except as stated herein and under the current Australian federal and state legislation, and there are no implied warranties of the merchantability and fitness for a particular purpose and no representative has the authority to make any representations other than those stated herein.
The products must be installed, coated and maintained in accordance with the Biowood current and relevant specifications, instructions in strict compliance with the current provision of the BCA, regulations and standards, current at the time of installation.
The coating/varnish, fasteners and fixings must be of appropriate materials and used in accordance with Biowood specifications.
That care of the Biowood product is maintained as per maintenance instructions provided by Biowood.
Biowood shall under no circumstances be liable for incidental consequential damages, including but not limited to injury to any person or damages to the building or the contents of the building, including any such damages relating to the presence of damp, mould, or mildew.
This warranty shall not be applicable to damage, loss or consequential loss caused in whole or in part by and does not provide protection against any failure, defect or damage caused by situations and events beyond normal usage or exposure conditions, including but not limited
- natural disaster events, including but not limited to lightning, wind gusts in excess of the design wind speed for the building, hail or
- similar natural disaster events;
- vandalism, acts of war, or civil disturbances;
- environmental fallout or overexposure to commercial and or industrial solvents, acids, caustic fluids, oils, waxes, greases,
- absorbent clays, bleaches, plasticizers or other harmful chemicals;
The products are not warranted against discoloration or other damage caused by air pollution, mildew, exposure to harmful chemicals or normal weathering from the elements, normal weathering is defined as exposure to sunlight and extremes of weather and atmosphere which will cause any coloured surface to gradually fade, chalk, or accumulate dirt or stains. The severity of any condition depends on the geographical location of the product, the cleanliness of the air in the area, and many other influences over which BioWood has no control; BioWood shall have sole discretion to determine, based on reasonable criteria, whether the product is suffering from normal weathering. If the product weathers to a degree determined by BioWood to be beyond normal, BioWood may provide replacement material, at its option, for the defective product. BioWood also reserves the right to refund the amount paid by the original purchaser for the product material (but not including the cost of its initial installation & logistic cost)
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The claimant shall provide GRM with written notice & proof of purchase of any material product defect of any claim under this warranty within (30) days, after the defect would have become reasonably apparent. If the defect was reasonably apparent prior to installation, then the claim must be made prior to installation and if any such defective products are installed then this warranty is negated. Such notice shall be given by certified mail to Green Resources Material Australia Pty. Ltd. email email@example.com
Biowood may request additional information. After reviewing all information, Biowood will make a determination regarding the validity of such claim. If Biowood determines that Purchaser’s claim is valid, Biowood will, at its option, either replace the defective Biowood Products or refund the portion of the purchase price paid by Purchaser for such defective Biowood Products (not including the cost of its initial installation & logistic cost).
If Biowood investigation of any claim under this warranty reveals that Biowood is not responsible under the terms of this warranty for the purchaser’s claim, the purchaser shall promptly reimburse the investigation costs incurred by Biowood.
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Consequential loss shall mean the indirect or special loss and or damage arising from a breach of the purchase contract, tort(including negligence), under statute and or any other basis in law or equity including, but without limitation, the following:
- loss of profits;
- loss of revenue;
- loss of production;
- loss or denial of opportunity;
- loss of access to markets;
- loss of goodwill;
- loss of business reputation or future reputation or publicity;
- damage to credit rating;
- and or loss of use;
- or any similar loss whether or not in the reasonable contemplation of the parties at the time of the execution of the purchase.
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This warranty is subject to the laws of Australia. This warranty gives you specific legal rights, and you may also have other rights, which vary from state to state. Nothing in this warranty limits or restricts, or is intended to derogate from, any right or remedy which the purchaser or ultimate user of the product may have pursuant to Australian state and/or Australian Federal Consumer Protection Legislation, New Zealand Sale of Goods Act, Consumer Guarantees Act, Fair Trading Act or any other relevant and applicable New Zealand legislation.