Buyrite Enterprises Limited (“NeoTimber”) warrants to the original purchaser (“Purchaser”) that, for a period of twenty five (25) years from the date of original purchase for a residential application, and ten (10) years from the date of original purchase for a commercial application, under normal use and service conditions that the Decking Materials will be free from material defects in workmanship and materials, and will not split, splinter, rot or suffer structural damage from termites or fungal decay. For purposes of this warranty, a ‘residential application’ shall refer to an installation of the NeoTimber product on an individual residence, and a ‘commercial application’ shall refer to any installation of the NeoTimber product other than on an individual residence. All warranties are subject to the exclusions, limitations and restrictions set forth below.
Obtaining Warranty Performance: If the purchaser discovers a defect in the NeoTimber Products during the term, the purchaser must, within thirty (30) days from the discovery of the alleged defect but no later than the end of the term, notify NeoTimber in writing, at the following address: Buyrite Enterprises Limited (TA NeoTimber), Unit 11, SQ2 Aerodrome Close, Loughborough, Leicestershire, LE11 5RJ, United Kingdom. The purchaser must include in this notification proof of purchase and a statement explaining the defect. NeoTimber may request additional information. After reviewing all information, NeoTimber will make a determination regarding the validity of such claim. If NeoTimber determines that the purchaser’s claim is valid, NeoTimber will, at its option, either replace the defective NeoTimber Products or refund the portion of the purchase price paid by the purchaser for such defective NeoTimber Products, as set out below (not including the cost of its initial installation). This warranty shall not cover, and NeoTimber shall not be responsible for, costs and expenses incurred with respect to the removal of the defective NeoTimber Products or the installation of replacement materials, including but not limited to, labour and freight. The foregoing remedies are the sole and exclusive remedy for breach of any warranty. If NeoTimber determines that the purchaser’s claim is valid, then the Purchaser’s recovery will be prorated as indicated below. If NeoTimber is providing replacement materials, it may elect to replace the percentage listed below of the defective NeoTimber Products; if NeoTimber is refunding the purchase price, it may elect to refund the percentage listed below of the purchase price of the defective NeoTimber Products.
|Residential Applications||Commercial Applications|
|Time After Original Purchase||% Refunded||Time After Original Purchase||% Refunded|
|0-5 Years||100%||0-2 Years||100%|
|5-10 Years||80%||2-4 Years||80%|
|10-15 Years||60%||4-6 Years||60%|
|15-20 Years||40%||6-8 Years||40%|
|20-25 Years||20%||8-10 Years||20%|
|>25 Years||0%||>10 Years||0%|
Transfer of Warranty: For residential applications – this warranty may be transferred one (1) time, within a five (5) year period beginning from the date of original purchase by the purchaser, to a subsequent buyer of the property upon which the NeoTimber Products were originally installed. For commercial applications – the warranty is freely transferable to subsequent buyers of the property upon which the NeoTimber products were originally installed.
Exclusions from Warranty Coverage: NeoTimber does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, or damages attributable to: (1) improper installation of the NeoTimber Products and/or failure to abide by NeoTimber installation guidelines, including but not limited to improper gapping; (2) use of the NeoTimber Products beyond normal use, or in an application not recommended by NeoTimber guidelines and local building codes; (3) movement, distortion, collapse or settling of the ground or the supporting structure on which the NeoTimber Products are installed; (4) any act of God (such as flooding, hurricane, earthquake, lightning, etc.), environmental condition (such as air pollution, mould, mildew, etc.), or staining from foreign substances (such as dirt, grease, oil, etc.); (5) variations or changes in colour of the NeoTimber Products; (6) normal weathering due to exposure to sunlight, weather and atmosphere which can cause coloured surfaces to, among other things, flake, chalk, or accumulate dirt or stains; (7) ordinary wear and tear or (8) improper handling, storage, abuse or neglect of the NeoTimber Products by the purchaser, the transferee or third parties. The purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the NeoTimber Products in connection with their use in any particular application.
Disclaimer of Warranties: Except for the express written warranty contained herein, NeoTimber makes no other warranties, guarantees or indemnities, whether express or implied, arising by law, course of dealings, usage of trade, customer or otherwise, including but not limited to the implied warranty of merchantability and implied warranty of fitness for a particular purpose, and all such other warranties, guarantees and indemnities are hereby disclaimed, overridden and excluded from this transaction. Limitation of remedies and exclusion of consequential and incidental damages: NeoTimber’s liabilities are limited solely and exclusively to the obligations specifically undertaken herein, and under no circumstances will NeoTimber be liable or obligated for any incidental consequential, indirect, special, punitive or any other damages of any kind whatsoever (including, but not limited to, lost profits, lost sales, loss of goodwill, use of money, use of goods, stoppage of work, or impairment of assets), whether foreseeable or unforeseeable, arising out of the breach of failure of express or implied warranty, breach of contract, fraud, misrepresentation, negligence, strict liability in tort or otherwise, except and only to the extent this limitation is specifically precluded by applicable law of mandatory application. NeoTimber’s liability with respect to defective products shall in no event exceed the replacement of such products or refund of the purchase price, as described above.
This writing is understood and intended to be the final expression of the parties’ agreement and is a complete and exclusive statement of the terms and conditions with respect thereto, superseding all prior agreements or representations, oral or written, and all other communication between the parties relating to the subject matter of this agreement. This warranty may not be altered or amended except in a written instrument signed by Buyrite Enterprises Limited (TA NeoTimber) and the purchaser or permitted transferee. No agent, employee or any other party is authorised to make any warranty in addition to that made in this agreement and Buyrite Enterprises Limited (TA NeoTimber) shall not be bound by any such statements other than those contained in this warranty. This warranty shall only be applicable and enforceable in the United Kingdom. This warranty is effective for purchases made on or after January 1, 2017.