1 WHAT THIS WARRANTY RELATES TO
1.1 This warranty relates to any defect in any workmanship which becomes apparent and is reported to the Contractor in accordance with 4.1 (“Defect”).
1.2 The conditions applicable to the warranty given by clause 1.1 are:
(a) the warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
(i) failure on the part of the Client:
(A) to properly maintain any Materials; or
(B) to follow any instructions or guidelines provided by the Contractor;
(ii) any use of any Materials otherwise than for any application specified on a quote or order form;
(iii) use of the shower within twelve (24) hours of the completion of the Works; or
(iv) the Client using the Materials for any purpose other than that for which they were designed;
(v) the continued use of any Materials after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
(vi) grouting or the use of silicone; or
(vii) the appearance/finish of the shower; or
(viii) staining or discoloration over time directly or indirectly because of cleaning products or personal care products;
(ix) bleed back or leeching, growth of mould;
(x) building movement, physical damage and further substrate moving;
(xi) variations in thickness or product application due to initial placement of tiles; or
(xii) chipping, scratches, cracking or breakage of tiles, shower screen including factory seals, fittings, or tapware resulting from the provision of the Works; or
(xiii) fair wear and tear, any accident or act of God.
(b) in respect of all claims the Contractor shall not be liable to compensate the Client for any delay in either replacing or remedying the workmanship or in properly assessing the Client’s claim; and
(c) the warranty shall cease and the Contractor shall thereafter in no circumstances be liable under the terms of the warranty if the workmanship is repaired, altered or overhauled without the Contractor’s consent.
1.3 The Client acknowledges and agrees that the Contractor shall not be held responsible for:
(a) any defective operation of Materials that is caused through structural or substrate movement upon which the Materials were applied which is beyond the Contractor’s control (including bleed black or leeching, growth of mould or where the bath or shower moves away from the walls); and
(b) latent defects (including but not limited to pre-existing tiling problems (such as adherence issues) and/or inherent quality of the tiles arises) within the premises in the reasonable proximity to the Works at the time of, or which became apparent subsequent to, application of the Materials;
(c) any alteration, plumbing, repairs or replacement of any fixture or fittings is undertaken subsequent to the original application of the product which in anyway detrimentally affects the Works;
(d) any loss or damage to the Works (including, but not limited to damage to, plumbing, tiling, mould, timber, carpet, gyprock, or painting, etc.) that is caused by any other party during and after the completion of the Works;
(e) leaks that are incorrectly diagnosed by Elite Shower Repairs or any other party prior to the commencement of the Works;
1.4 For Materials not manufactured by the Contractor, the warranty shall be the current warranty provided by the manufacturer of the Materials. The Contractor shall not be bound by nor be responsible for any term, condition, representation or warranty other than that which is given by the manufacturer of the Materials.
1.5 In the event that the manufacturer’s Materials are deemed to be faulty, the Contractor reserves the right to halt the commencement for re-installation of replacement Materials until such time as it is agreed between all parties the person/s that will be liable for all associated expenses with the re-installation of the Materials.
2 WHAT THE CONTRACTOR WILL DO TO HONOUR THE WARRANTY
2.1 The Contractor will repair any defect to its full extent
2.2 Any works required to be completed in addition to fixing the Defect are the responsibility of the Client. Additional works includes any disassembling and reassembling etc.
3 WHAT THE CLIENT MUST DO TO CLAIM THE WARRANTY
3.1 To claim the benefit of the warranty, the Client will need to:
(a) present the defective Goods/Services to the Contractor for inspection, including inspection for defective workmanship, or otherwise provide evidence of the claimed Defect; and
(b) provide evidence of proof of purchase upon request by the Contractor.
3.2 The claim listed in clause 3.1 may be made in person, or the claim may be sent to the address listed on this form, including the particulars required under clauses 3.1(a) and 3.1(b).
3.3 The appropriate form for making a claim for warranty is attached and must be used whether the claim is being made in person, or mailed to the address on this form.
4 DURATION OF WARRANTY
4.1 Subject to the conditions of warranty set out in clause 1.2 above the Contractor warrants that if any defect in any workmanship of the Contractor becomes apparent and is reported to the Contractor within (time being of the essence):
(a) forty-eight (48) hours of the date of delivery, for the completed Works; or
(b) seven (7) years of the date of service, for waterproofing membrane products; or
(c) one (1) year of the date of service, for balcony services; or
(d) Two (2) years of the date of service, for epoxy products; or
(e) one (1) years of the date of service for grout and silicone products or
(f) six (6) months of the date of service, for all other repairs as per statutory warranty; or then the Contractor will either (at the Contractor’s sole discretion) replace or remedy the workmanship.
4.2 If a Defect does not materialise in the Goods/Services prior to the date provided in clause 4.1, the Contractor will have no liability to the Client under this Warranty Against Defects and the Client releases the Contractor from all claims for loss or damage in any way connected with the Goods/Services from that date.
5 RESPONSIBILITY FOR COSTS OF CLAIM
5.1 The Contractor is responsible for the costs directly associated with repairing the Defect only.
5.2 Any works required to be completed under clause 2.2, which are in addition to those directly related to rectification of a Defect, will be at the cost of the Client.
5.3 The Contractor is not responsible for any damages caused as a result of shower leaking after service competed.
5.4 Where we have returned, and the leak is not covered by our warranty, there will be a call out fee of $125.
6 RIGHTS AT LAW
6.1 The benefits given to the Client under this warranty are in addition to other rights and remedies of the Client at law in relation to the Goods/Services.
6.2 The Contractor’s Goods/Services come with guarantees that cannot be excluded under the Australian Consumer Law. The Client is entitled to a replacement or refund for a major failure and for compensation for any other reasonably foreseeable loss or damage. The Client is also entitled to have the Goods/Services repaired or replaced if the Goods/Services fail to be of acceptable quality and the failure does not amount to a major failure.