Warranty
Declaration
NOTICE:
THIS WARRANTY DECLARATION SUITABLE FOR PREMIUM AND DELUXE SERIES PRODUCTS. FOR OTHER PRODUCTS PLEASE CONTACT sale@cetadecking.co.uk
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PART A Limited warranty
The Supplier warrants the Buyer that Products shall be free from material
defects in workmanship and materials and shall not peel, warp, split, splinter, rot or suffer structural damage from termites or fungal decay. The term of this Warranty is 20 years for Deluxe series composite decking products and 15 years for Premium series composite products.
The Supplier further warrants that Products will not fade more than %15 for at least five years and thereafter, shall not fade beyond grey-scale 3.
This Warranty shall not be of any effect for Products not installed in accordance with the following guidelines:
- Centers for decking at 350mm;
- Centers for cladding at 400mm; and
- For cladding and decking, at least a 3mm gap between the joins for
expansion.
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PART B Limitation of Liability
The limit of the Supplier’s liability for breach of the warranty set forth herein.
Whether based on negligence or breach of warranty gives rise too liability either
(a) a refund of a portion of the purchase price paid by the Buyer, or
(b) the replacement of the defective product, according to the following prorated Warranty Schedule: Replacement Products shall be the closest equivalent to the original Products and the Manufacturer shall be responsible for, costs of the installation of replacement products not covering labor and delivery.
EFFECTIVE DATE OF AGREEMENT, DURATION AND TERMINATION
This agreement comes into force on the Actual Date. The Party may give notice in writing to the other Party Without affecting any other rights that it may be entitled to, terminating this warranty immediately if:
(a) the other Party fails to pay any undisputed amount due under this agreement on the due date of payment and remains in default not less than 28 days after being notified in writing to make such payment: or
(b) the other Party commits a material breach of any material term of this agreement (other than failure to pay any amounts due under this agreement) and (if such breach is remediable) fails to remedy that breach within a period of 14 days of being notified in writing to do so.
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PART C Consequences of Expiry of Termination
Any provision of this agreement that expressly or by implication is intended to come into or continue in force on or after termination or expiry of this agreement shall remain in full force and effect after termination or expiry of this agreement.
Termination or expiry of this agreement shall not affect any rights, remedies,
obligations or liabilities of the Parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination or expiry.
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PART D Confidentiality
Each party undertakes that it shall not at any time disclose to any person any
confidential information concerning the business, affairs, customers, clients or
suppliers of the other party or of any member of the Group to which the other party belongs. No party shall use any other party's confidential information for any purpose other than to perform its obligations under this agreement.
Each party shall have in place industry-standard policies, procedures, training
programs and draft confidentiality agreements so as to ensure that its employees are able to identify and label confidential information disclosed by the other party and deal with it in accordance with the obligations imposed under this clause Each party will upon reasonable written notice disclose to the other on a regular basis details of its policies, procedures and standard documents relating to confidentiality.
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PART E Force Majeure
Force Majeure Event means any circumstance happening not within a party's reasonable control such as:
(a) flood, drought, earthquake or other natural disaster;
(b) epidemic or pandemic;
(c) terrorist attack, civil war, civil commotion or riots, war, threat of or
preparation for war, armed conflict, imposition of sanctions, embargo, or
breaking off of diplomatic relations.
(d) nuclear, chemical, or biological contamination or sonic boom.
(e) any law or any action taken by a government or public authority, including
without limitation imposing an export or import restriction, quota or
prohibition, or failing to grant a necessary license or consent.
(f) collapse of buildings, fire, explosion or accident.
(g) any labor or trade dispute, strikes, industrial action or lockouts other than
in each case by the party seeking to rely on this clause, or companies in the
same Group as that party; and
(h) interruption or failure of utility service.
Provided it has complied with sub-clause below, if a party is prevented, hindered or delayed in or from performing any of its obligations under this agreement by a Force Majeure Event (Affected Party), the Affected Party shall not be in breach of this agreement or otherwise liable for any such failure or delay in the performance of such obligations. The time for performance of such obligations shall be extended accordingly. The corresponding obligations of the other party will be suspended, and its time for performance of such obligations extended, to the same extent as those of the Affected Party.
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PART F Assignment and Other Dealings
This warranty declaration is personal to the parties and neither party shall assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of its rights and obligations under this agreement without the prior written consent of the other party.
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PART G Freedom to Contract
The Parties declare that each have the right, power and authority and have taken all action necessary to execute and deliver and to exercise their rights and perform their obligations under this agreement.
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PART H Announcements
None of the Parties shall make or permit any person to make any public announcement concerned with this agreement without the prior written consent of the other Parties (such consent not to be unreasonably withheld or delayed), except as required by law, any governmental or regulatory authority (including any relevant securities exchange), any court or other authority of competent jurisdiction.
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PART I Rights and Remedies
The rights and remedies provided under this agreement are in addition to and not exclusive of any rights or remedies provided by law.
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PART J Good-Faith
Each party expressly agrees that it will perform its respective obligations under this Agreement in good faith.