1. This product warranty (“Warranty”) is given by us to the original end purchaser (“You”) of FIRST WINDOWS & DOORS 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 FIRST WINDOWS & DOORS 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, weatherpile 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.
5. Conditions: 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 3 months 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) You have not purchased the Products for use or installation in any works, erection, structure or construction other that a “household unit” (as defined in the Building Act 2004).
6. Limitations: 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, 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 aluminium 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.
7. Benefits: 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. Expenses: You will be liable for any expenses that you incur in making a claim.
9. Transfer: You may transfer the Warranty to a subsequent owner provided that a subsequent owner is notified, in writing, of these terms and conditions and agrees to be subject to them. You agree that following such transfer, you will no longer have any rights under the Warranty.
[1] 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.
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