SURAFLOW WARRANTIES - Trade Sales

Back to Consumer Sales Warranties

 

1.             Warranty

 

 1.1           We, Younger Marketing Management Ltd, provide the following warranties for any SuraFlow that you purchase from us, and which we also install, for a period of five years commencing on the date that the installation is completed by us:

 

(a)            that the Product will be free from any defects; and

 

(b)            that we will carry out the installation of the Product with reasonable skill and care,

 

1.2            We shall not be liable for a breach of the warranties set out at 1.1 above UNLESS:

 

1.2.1                 you give us written notice of the defect within [28] days of the date when you discover or ought to have discovered the defect; and

 

1.2.2                 you give us reasonable opportunity after receiving such a notice to examine the Product; and

 

1.2.3                 you do not repair the Product without our written consent if you discover a defect.

   

2.             Exclusions

 

2.1            Explanatory Note       

 

You should be aware that there are a number of factors which can affect the extent to which the Product and it’s installation (whether as part of a complete rainwater system or alongside other products) will be effective.

 

                In particular, whilst we have done everything we can reasonably do during our visual inspection of the relevant property to identify such factors and to tell you about these, there may be other factors which will affect the successful operation of the Product which we could not reasonably be expected to identify from our visual inspection of the property or during installation. For example, the specifications of the roof design may be incompatible with the installation of the Product or the property may have inadequate or blocked soakaways.

 

                Further, the effectiveness of the Product will be adversely affected by, for example, someone else damaging it whilst repairing the roofline of the property or extreme weather conditions such as unusually heavy snowfall or very strong gale force winds

 

                These factors are not related to the quality of the Product or the skill and care with which we undertake the installation. In the event that you are aware of any such factors please tell us about them immediately so we can advise you whether they will adversely affect the operation of the Product and/or if you need to seek further specialist advice. In any event, we would advise you to take specialist advice from your architect, surveyor or other appropriate professional to ascertain whether the design of the relevant property will allow the Product to work effectively.

 

 

2.2            Therefore, we shall have no liability to you for a breach of the warranties set out at 1.1 above in the event that any defect or problem with an installation is caused by:

 

(a)            someone other than ourselves, for example, accidental damage or vandalism or exposure to excessive heat sources such as barbeques; and/or

 

(b)            extreme weather, for example, heavy snow fall or gale force winds, lightening, hurricane or other acts of God; and/or

 

(c)            the existence or development of a factor in connection with the relevant property, which we are not aware of and which we could not reasonably be expected to identify on the date of our visual inspection of the relevant property or during installation, which makes it impossible to operate effectively, for example faulty roof design, blocked soakaways or structural shrinkage; and/or

 

(d)            exposure to the elements, air pollution or to chemicals, for example, changes in surface colour of the Product may occur over time as a result of exposure to the elements; and/or

 

(e)            any other factor beyond our reasonable control.

 

 

3.             Remedy

 

3.1            Subject to the exclusions set out at 1. and 2. above, if any of the product do not conform with the warranties at 1.1 above, we shall, at our option, repair or replace such product or the defective part. On compliance with this clause 3.1, we shall have no further liability to you for breach of the warranties set out at 1.1 above.

 

3.2            For the avoidance of doubt, the terms of the warranties at 1.1 above shall continue to apply to any repair or replacement undertaken by us in accordance with 3.1 above but only from the original date of installation and not from the date of repair or replacement. 

 

4.             Assignment               

 

The warranties set out at 1.1 above are for your benefit only and may not be assigned by you to a third party without our prior written consent.