Statement of Warranty
This warranty is given to the original purchaser of BOISDECK’s Wood Plastic Composite and Vinyl Composite products (the “Product”).
Timberdeck Sdn. Bhd. (hereinafter “Manufacturer”) warrants to Purchaser that, for a period of Fifteen (15) years from the date of the original purchase, under normal use and service conditions, the Products supplied shall be:
- Termite Resistant.
- Water Resistant (under non-submerge condition).
- Chlorine & Salt Water Resistant (under non-submerge condition).
- Flame Retardant.
- Resistant to Warping, Bending and Cracks.
- Resistant to Household Floor Cleaning Agent.
- Stain Resistant to Food & Beverage items.
Provided that the spilled substances are removed from the Product with soap and water or mild household cleaners after no more than one (1) week of exposure of the substances to the surface of the Product.
The Manufacturer does not warrant that the Product is stain-proof and does not warrant stain resistance resulting from spilled or otherwise applied food and beverage substances which are not properly cleaned as provided above within one (1) week of exposure.
- Stable in Colour.
While the Product is designed to resist fading, its colour and lustre will change very slightly and evenly over time to a beautiful weathered tone. This weathering process begins upon installation and is generally complete within 8 weeks to 12 weeks. It is important to note that no material is fade proof when subjected to years of exposure to ultraviolet (UV) rays and elements.
This warranty does not cover any staining or damage to the Product resulting from abrasive compounds of acidic or basic pH, paints or stains, strong solvents, metallic rust or other abnormal residential deck use items, and non-food and non-beverage substances, including, but not limited to, biocides, fungicides, plant foods or other bactericides.
All warranties are subject to the exclusions, limitations and restrictions set forth.
Obtaining Warranty Performance:
If Purchaser discovers a defect in any of the Products covered under this limited warranty during the applicable warranty period, Purchaser must, within thirty (30) days from the discovery of the alleged defect, but no later than the end of the applicable warranty period, notify the Manufacturer.
The Purchaser must provide the original copy of this warranty certificate in any event of claim, together withthe proof of purchase, a description and photographs of the affected area of the Product. The Manufacturermay request additional information in connection with the warranty claim. In the event the original warranty certificate is lost, the Manufacturer is not obliged to honour the warranty.
Upon receipt of a claim notice, the Manufacturer reserves the right to check and inspect the claimed defect, which may involve removal of a sample of the Product for inspection and testing. The Manufacturer will inform claimant within 60 days after inspection, regarding the validity of the claim submitted.
If Manufacturer, in its discretion, determines that the Purchaser’s claim is valid, Manufacturer will, at its sole option, either
i) Replace, or correct the affected item, or
ii) Refund the portion of the purchase price paid by the Purchaser for such affected item (not including the cost of its initial installation).
The Purchaser’s warranty recovery will be prorated, indicated in the below schedule. If Manufacturer is providing replacement materials or refunding the purchase price, it may choose to replace or refund the percentage listed below of the purchase price otherwise, meeting the requirements for a claim. The Manufacturer’s liability with respect to defective products shall in no event exceed the replacement of such products or refund of the purchase price.
|Year of Claim
|1 to 5 year
|10 -15 Year
There may be slight colour differences between the original and replacement Product due to effects of weathering and variations in materials over time. The Manufacturer is not liable for any such colour and finishing differences. The Manufacturer reserves all rights, without notice, to discontinue or modify any of its
Products. In the event that the Product initially installed has been discontinued or modified, the Manufacturer may substitute product of comparable quality or value under this warranty.
In the event of repair or replacement, the original warranty shall apply to the repaired or replaced portion of the Products.
This warranty shall not cover, and Manufacturer shall not be responsible for, costs and expenses incurred with respect to the removal of affected Product or the installation of replacement materials, including but not limited to, labor, transportation, handling and freight.
Should the Manufacturer determine that the Product is not defective under the terms of this warranty, the claimant shall promptly reimburse the Manufacturer for the costs of investigation and repair incurred, if any.
Purchaser must do all of the following (in addition to the procedures above set forth) if making a claim relating to the warranty on Stain Resistance to Food & Beverage items.
- Attempt to clean the affected area of the Product by using the cleaning procedures described above within one (1) week of exposure of the food or beverage to the surface of the Product.
- If, after completing step 1 above, the affected area remains reasonably unsatisfactory, then Purchaser must have the affected area of the Product cleaned by a professional cleaner at Purchaser’s expense.
- If, after completing steps 1 and 2 above, the affected area still remains reasonably unsatisfactory, Purchaser may make a claim under this warranty, provided that such claim is made within thirty (30) days after the professional cleaning is completed.
The Product is subject to natural variation in finish as part of the manufacturing process. The warranty does not cover variations in colour or patterns, in different production runs or batches.
The Purchaser or their installer is responsible for inspecting, prior to installation, the colour, finish and size of the Product, identifying whether the Product has any other defect or manufacturing fault, and for ensuring the Product meets surface appearance, aesthetic and product specification requirements. The Manufacturer is not liable for claims made after installation of the Product that relate to surface appearance and product specification, colour, finishing, or size.
Manufacturer does not warrant against and is not responsible for, and no implied warranty shall be deemed to cover, any product failure, product malfunction, condition or damages attributable to the following:
- Failure to comply with the Manufacturer’s installation instructions and/or due to improper or faulty installation of the Product, including but not limited to improper gaping.
- Use of the Product beyond normal, or in an application not recommended by the Manufacturer’s installation guidelines and local building codes.
- Movement and/or collapse of the ground or supporting structure on which the Product is installed.
- Any act of God (i.e., flooding, hurricane, earthquake, lightning, etc.),
- Improper handling, transportation, storage, abuse or neglect of the Product by purchaser, the transferee or third parties.
- Used in temperatures outside the range appropriate for the Product. Exposure to, or direct or indirect contact with extreme heat sources including reflected sunlight from low-emissivity glass which may damage the surface of the product and/or cause the Product to fade.
- The surface of the Product has been damaged or punctured, including as a result of contact with shovels or similar sharp-edged tools.
- Any fading or staining not on the surface of the Product (i.e., the underside or the ends of the Product). Caused by household pests or environmental conditions (i.e., air pollution, mold, mildew, smoke, high ambience temperature, etc.), or staining from foreign substances (i.e., dirt, grease, oil, solvent, gasoline, etc.)
- Ordinary wear and tear, or minor splits and cracks around screws or nails which does not affect to the use of products.
Recommendations in the Manufacturer’s literature are based on good building practice and are not an exhaustive statement of all relevant information. The manufacturer shall not be liable for the recommendation in the literature, including its suitability for any purpose or ability to satisfy any relevant regulations and standards.
The Purchaser is solely responsible for determining the effectiveness, fitness, suitability and safety of the Product in connection with its use in any particular application.
The warranty is not transferable, and does not cover any other products used or installed in connection with the Product.
The Manufacturer reserves all rights to revise from time to time, the terms of this limited warranty with a notice period of 6 months before the revised terms take effect.
The Manufacturer’s liabilities are limited solely and exclusively to the obligations specifically undertaken herein, and under no circumstances will the Manufacturer 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 breach or 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.
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 Manufacturer and Purchaser or permitted transferee. No agent, employee or any other party is authorized to make any warranty in addition to that made in this agreement and Manufacturer shall not be bound by any such statements other than those contained in this warranty.
This warranty is effective for purchases by purchasers made on or after 1 Sept, 2021, and shall only be applicable and enforceable in Malaysia. In the event of dispute, the law of Malaysia shall apply.
This warranty is issued by
Timberdeck Sdn. Bhd. (945282-V)