1. This product warranty (“Warranty”) is given by us to the original end purchaser (“You”) of Steel Profiles Limited products sold in New Zealand. “We” or “us” means the Manufacturer recorded overleaf. The Warranty is subject to the terms and conditions set out below:
2. The warranty applies to all Steel Profiles Limited Windows and Doors products (“the Products”).
3. The warranty does not apply to:
(a) Decorative elements and non-structural fittings such as window fasteners,
door rollers, weather-piles and the like which may need to be replaced as
they wear out;
(b) Plated (soft) finishes;
(c) surface finishes.
4. We warrant that: subject to the conditions and exclusions set out in the Warranty, the Products shall be free from defects due to defective workmanship and materials for 5 years from validation of your warranty by us (“the Warranty Period”). For the avoidance of doubt, if we repair or replace Products under the Warranty, the repaired or replaced products are warranted for the remainder of the Warranty Period.
The Warranty will only apply where:
(a) You register your details and retain proof of the date of purchase[1];
(b) You notify us of any breach of Warranty, in writing, within 14 days of the defect becoming apparent to you (or when it should reasonably have become apparent) and you provide evidence of your proof of purchase;
(c) You make your claim before the expiry of the Warranty Period;
(d) You provide us with a reasonable opportunity to inspect the alleged defect prior to any removal, repair or replacement; (e) Where not installed by us, the Products have been installed in accordance with our literature current at the time; the New Zealand Building Code and any other relevant New Zealand laws, regulations and guidelines;
(f) The Product has been maintained in accordance with the maintenance procedure specified;
(g) You have not purchased the Products for use or installation in any works, erection, structure or construction other than a “household unit” (as defined in the Building Act 2004);
(h) Where the purchaser has paid in full for the supply (and installation if applicable) of the window joinery;
(i) To a defect in the workmanship or a defect that is directly attributable to a defect in the material of the Product.
For the avoidance of doubt, the warranty does not apply, and we are not liable for, the following matters (including):
(a) Any defects in the Products resulting from a failure to comply with our care
and maintenance guidelines;
(b) Weathering and colour changes as a result of exposure to the elements;
(c) Slight surface and colour variations. [These are not regarded as defects as
variability of colour and visible grain are common features];
(d) Any defects which are caused, or contributed to, by third party installation, the third party works post-installation, third party design or engineering of the building or by products supplied by third parties;
(e) Any defects caused by factors outside our reasonable control such as any movement of the building or exposure to conditions that normally have an adverse impact on steel such as, seismic activity, unsuitable chemicals explosion, radiation, collision or other accident, acts of God, vandalism, adverse weather conditions such as (severe hail storm or storm);
(f) Any Products which have been removed from their original place of installation;
(g) Glass or glazing materials used in the joinery;
(h) Defects due to any cause beyond the manufacturer’s control including, without limitation, defects in the structure to which the joinery has been affixed;
(i) materials, hardware or componentry not manufactured by the window manufacturer;
(j) Weathertightness – where the contract is one of manufacture and supply only, the junction between joinery and cladding systems is the responsibility of the builder;
(k) That the window manufacturer will not be liable for any consequential, indirect or special damage or loss including, without limitation, any loss of profits;
(l) That the warranty does not apply to any fault caused by incorrect installation by anyone other than the window manufacturer or its authorised agents, and/or any installation.
Subject to any legal rights you have that cannot be limited (under for example the Consumer Guarantees Act or the Building Act), our liability shall be limited at our sole option to:
(a) replacing or repairing any defective Products; or
(b) supplying equivalent Products; or
(c) paying the cost of replacement Products; or
(d) paying for the repair of the Products.
Where we elect to repair or replace any Products, we do not guarantee an exact colour match.
We otherwise exclude all liability for loss and damage (including without limitation all indirect and consequential loss). In all cases, our liability is limited to the value of the Products supplied to you.
8. You will be liable for any expenses that you incur in making a claim.
9. Transfer: this warranty is not transferable and only applies to the original purchaser unless the window manufacturer agrees otherwise in writing
Where Products have been supplied to you by a builder, please ensure that you provide details of your builder and the date of installation and seek to obtain evidence of purchase from your builder. Whether you have provided sufficient information supporting any claim shall be at our discretion.