FAIR DINKUM BUILDS 30 YEAR WARRANTY

Thank you for choosing a Fair Dinkum Builds shed, patio or other outdoor steel building (Building) designed using the Fair Dinkum Builds system owned and operated by FBHS (AUST) PTY LTD (ABN 83 126 232 504) (Fair Dinkum Builds). Fair Dinkum Builds has developed certain business processes, systems and technology to assist independent business owners with the marketing, design and sale of Buildings (System). The System includes a distinctive computer software program and sales system, featuring plans, engineering drawings, designs, materials ordering processes and pricing systems.

The entire warranty that we offer with respect to our System is set out in this document (Warranty), which is subject to some important qualifications and limitations.

Fair Dinkum Builds does not manufacture, sell or install any of the products used to supply or build Buildings (Component Products). The supply chain we make available to our network of licensed franchisees and distributors manufacture the Component Products in accordance with detailed specifications.

For each Component Product used within the System, the manufacturer of such Component Product may have its own warranty. Please refer to the information provided by the relevant manufacturer with respect to any warranty against defects for such Component Products.

The Fair Dinkum Builds Warranty: Subject to the limitations and qualifications set out in this Warranty, Fair Dinkum Builds warrants that each Building designed using the System and purchased by you in Australia from an authorised Fair Dinkum Builds licensee, will withstand the Wind Conditions for 30 years.

Wind Conditions, for the purpose of this Warranty, mean the wind conditions calculated using independently certified site specification technology in line with the requirements of the Building Code of Australia as at the purchase date for the wind rating at the location of the Building as specified by you and detailed in the map and calculation provided at the time of purchase.

This warranty is subject to the limitations and qualifications set out below. Please read these limitations and qualifications carefully and contact your Fair Dinkum retailer if you have any questions.

What is Covered by this Warranty: To the full extent permitted by law, Fair Dinkum Builds’ liability under this Warranty:

is limited at Fair Dinkum Builds’ option to either the repair or replacement of the Building free of charge;
will not include or extend to:

a) defects in the Component Products (this would be covered under a separate warranty);

b) labour costs incurred in connection with locating the defective product, the removal of the defective product or installation of any replacement product;

c) damage to property, 3rd party property or building elements such as furniture, floor coverings, walls, tiles or cabinetry;

d) injury to persons; or

e) loss of profit, loss of revenue, loss of use, loss of business, loss of opportunity, loss of goodwill, loss of contracts, loss of production, business interruption or any kind of indirect, special or consequential loss or damage arising in connection with the defective product; and

will not exceed, in the aggregate, the total purchase price of the original Building kit purchased.

Warranty Conditions and Exclusions: For this Warranty to be and remain valid, the following must occur:

strict compliance at all times with the Component Products’ manufacturers’ building and engineering plans, product guides and manuals, and recommendations in relation to storage, handling, installation and maintenance of the Component Products;
the Component Products are wholly supplied through and in accordance with the System from an authorised Fair Dinkum Builds licensee;
the Building has been constructed within ten (10) days of the delivery date by an authorised licensed builder and/or in strict adherence to the engineering and building plans supplied and certified and approved by a qualified registered building certifier;
the product is installed in Australia at the exact site location specified at the time of purchase and for which the wind rating calculations and map were prepared; and
the Building and the Component Products are not modified and or changed in any way from the original specification as detailed in the plans at the time of purchase.

The warranty is not transferrable and is only valid for the original purchaser named in the contract of sale of the Building in relation to the specified location.

This warranty will not apply if the failure, or defect is caused or contributed to by an event or action beyond the reasonable control of Fair Dinkum Builds, including without limitation each of the following:

normal wear and tear;
damage to a Component Product prior to or during installation;
incorrect storage or handling;
mechanical overload, attack from chemical agents or abrasion;
harsh or adverse environmental conditions;
exposure to corrosive conditions or unusually corrosive environments at any time in the future;
accidental or intentional damage by any person or animal;
cosmetic defects;
interference with the product or other action taken to remedy a defect prior to Fair Dinkum Builds being notified of the suspected defect and Fair Dinkum Builds being given a reasonable time to inspect the Building in situ;
fire, flood, cyclone, earthquake or other ‘acts of God’; and
use of the Building other than for its stated and intended use as at the time of purchase.

This Warranty does not apply to any product sold (at no charge) as scrap, SLOB stock, second-hand product or equivalent.

Fair Dinkum Builds reserves the right to inspect the Building in situ at the installation site and to conduct tests at any time after a Warranty claim is received. Any interference with the Building prior to inspection by Fair Dinkum Builds may void a claim under this Warranty.

No repair or replacement carried out under this Warranty will renew or extend the Warranty period. Fair Dinkum Builds will not provide a new warranty in relation to repaired or replaced product provided under this Warranty. Any replacement product provided under this Warranty will be covered by this Warranty for the balance of the Warranty term as if the replaced product were the original product.

Any product replaced under this Warranty becomes the property of Fair Dinkum Builds.

Any failure, delay or indulgence by Fair Dinkum Builds will not operate as a waiver. A waiver by Fair Dinkum Builds of any condition of this Warranty is not a waiver of any other condition. No waiver is effective unless it is in writing.

All terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the product are excluded. This Warranty does not exclude, restrict, or modify any liability that cannot be excluded, restricted or modified at law.

Making a Claim: You can only make a claim under this Warranty if you notify Fair Dinkum Builds in writing of the claim before the Warranty period expires.

All Warranty claims must be made by forwarding a letter or email containing:

details of the suspected defect;
proof of installation by an authorised builder; and
proof of purchase documents evidencing the date and place of purchase and the date of delivery or sale,

to Fair Dinkum Builds at the following address:

Post: Email: info@fdbuilds.com.au

FBHS (Aust) Pty Limited

ABN 83 126 232 504

1051 Nudgee Rd,

Banyo, QLD, 4014

All Warranty claims must be made within 30 days of the date you first become aware (or ought reasonably to have been aware) of the defect.

Any replacement excludes transportation and any labor re-installation costs.

If a Warranty claim is made, and the fault or defect is not the responsibility of Fair Dinkum Builds, Fair Dinkum Builds reserves the right to charge a reasonable investigation service fee.

Expenses: If a Warranty claim is accepted by Fair Dinkum Builds, any pre-approved expenses incurred in relation to claiming the Warranty claim will be paid directly by Fair Dinkum Builds. If you have incurred any such expenses, Fair Dinkum Builds will only reimburse you where such expenses were pre-approved in writing by Fair Dinkum Builds and you supply evidence of the expenses and payment to Fair Dinkum Builds. Any other expenses or costs incurred by you in connection with claiming the Warranty, including transportation costs, will be borne by you.

For Australian Consumers: The benefits given to you by this Warranty are in addition to other rights and remedies under any law.

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Component Products may have their own warranty. Please refer to the information provided by the relevant manufacturer with respect to any warranty against defects for such Component Products.