1. WARRANTY
Tile Space will, at its option, repair or replace at its own cost any
products supplied which are defective or have failed due to any defect
arising within 15 years of the invoice date (“Warranty Period”) subject
to the terms and conditions set out in this Warranty. Any repair or
replacement work under the Warranty shall also include the reasonable
cost (excluding travel costs) of the labour involved but all repair or
replacement work under the Warranty must be authorised in writing by
Tile Space prior to the commencement of any such work.
2. WARRANTY EXCLUSIONS AND LIMITATIONS
(a) The Warranty applies only to products purchased from Tile Space
and specifically listed in the invoice.
(b) The Warranty does not apply or extend to, or in any way cover:
(i) variations in shade and size between the sample and the
delivered products or within batches of the products (due to the
manufacturing process by which tiles are produced variation
in shade and size is inevitable and not a defect; sizes indicated
are nominal only; actual sizes can and will vary between batches
and suppliers; when mixing tiles compatibility should be confirmed
prior to purchase);
(ii) any cost beyond bare replacement of any defective products
where any defect is detectable by reasonable inspection prior to
installation (the purchaser is responsible for checking the products
prior to installation);
(iii) normal wear and tear;
(iv) failure of any of the products arising from:
a. any use of the products outside of the technical
specifications, manufacturers’ recommendations and
product guidelines (including any tile selection or product
guides produced by Tile Space), details of which are
available on request;
b. any use of the products other than for their intended
use;
c. inadequate substrate preparation;
d. substrate movement; or
e. substandard installation or workmanship;
(v) failure arising from causes other than normal use and weather
conditions, including (without limitation) impacts with objects,
earthquake, flood, fire or other acts of God, sustained cascading
or pooling of water, or other causes beyond Tile Space’s control;
(vi) failure arising from use of any of the products other than in
accordance with current building code standards or applicable
laws, or where any required Code Compliance Certificate is not
obtained;
(vii) failure arising from use of any product not supplied by Tile
Space;
(viii) failure arising from accident, misuse, sabotage, vandalism,
contaminated fluids or neglect or failure to operate, store and/or
maintain any of the products in accordance with good practice;
(ix) failure arising from the use of a high pressure cleaner;
(x) failure arising from any negligent act or omission of any
person other than employees of Tile Space; or
(xi) any consequential loss whether direct or indirect including,
but not limited to, wasted time, materials or expenditure or loss of
use, profit, production, revenue, expected savings or goodwill.
(c) The Warranty applies only to products supplied and does not extend
to any services, assistance or information provided by Tile Space
(whether as to the selection of goods, product installers, or otherwise).
Any such information is provided on an inexpert basis and the purchaser
must rely upon their own judgment and research in relation to the use,
fixing, installation or incorporation of the products. Tile Space shall not
be liable in negligence or otherwise for any assistance so provided.