MELTIN VASTE

FENCING
LIMITED WARRANTY

THIS LIMITED WARRANTY IS MADE AND GIVEN BY MELTIN VASTE LIMITED

10 years decreasing warranty for Meltin Vaste CrabWood wood plastic composite fencing.

The limited warranty sets forth the sole and exclusive warranty being provided by Meltin Vaste to any customer or user of its Wood Plastic Composite Fencing.

Please read this warranty carefully before purchasing, using or installing Meltin Vaste Crabwood Fencing.

The limited warranty provided by Meltin Vaste constitutes a basis of a bargain and purchase of the Meltin Vaste product. The limited warranty sets forth the entire warranty and responsibility of Meltin Vaste.

The purchase and / or use of any Meltin Vaste product constitutes acceptance by the purchaser and / or user of an agreement to these terms.

Products covered by this warranty:

  1. Composite Post
  2. Composite panel.
  3. Clips

A·    THE LIMITED WARRANTY

Meltin Vaste warrants to the original purchaser ( Name of purchaser ) of

Meltin Vaste Crabwood fencing products that, for the specified warranty

period, such products shall

  1. Under normal and proper service conditions
  2. When installed in accordance with Meltin Vaste’s written instructions and will be joint together using the appropriate clips and screws supplied by Meltin Vaste .
  3. Nail guns cannot be used to fix the WPC fencing
  4. The product is not to be nailed.
  5. The consumer /contractor acknowledges that Meltin Vaste composite fencing products are not structural lumber and therefore may not be used as such and when used and maintained ( above ground application ) remain free from material manufacturing defects and will not crack, splinter, delaminate, rot or suffer structural damage from fungal decay, for purposes of the limited warranty.

The “original purchaser” means the individual or individuals who were the owners of the real property upon which Meltin Vaste fencing product was installed.

 

B  THE TERM OF THE LIMITED WARRANTY

B-1 The term of the limited warranty ( warranty period ) for the Meltin Vaste wood plastic composite fencing shall be ten (10) years from the date of original purchase provided that such purchaser maintains ownership of the real property upon which the Meltin Vaste fencing was installed.

B-2  The term of limited warranty ( Warranty period ) for Meltin Vaste plastic clips shall be ten (10) years from the date of original purchase provided that such purchaser maintains ownership of the real property upon which the Meltin Vaste fencing was installed.

B-3 Meltin Vaste written instructions are available from Meltin Vaste or its authorised retailer or from Meltin Vaste official web site : meltinvaste.co.nz

B-4 In the event of a failure of the above described Meltin Vaste fencing within the applicable warranty period as warranted above ,when properly installed, used and maintained in an appropriate manner Meltin Vaste will replace the non-conforming item.

B-5 The limited warranty set forth herein is the only warranty (whether written or oral, express or implied) Meltin Vaste makes for the above described Meltin Vaste Wood Plastic Composite fencing products. The limited warranty is subject to all terms and conditions stated herein and no one (including but not limited to Meltin Vaste, retailer, dealer, installer, reseller, agent or employee) is authorised to modify, expand or add to this limited warranty.

B-6 Meltin Vaste makes no other representation, guarantee or warranty regarding any Meltin Vaste fencing product. No one is authorised to make any representation, guarantee or warranty on Meltin Vaste behalf, and Meltin Vaste shall not be bound by or liable for, any representation, guarantee warranty, or condition with regard to any Meltin Vaste fencing product other than as expressly stated in this limited warranty.

B-7 This Limited Warranty comprises Meltin Vaste sole and entire warranty and obligation in connection with Meltin Vaste wood plastic composite fencing. Meltin Vaste disclaims and excludes all other warranties expressed or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, condition, suitability or performance.

B-8 All implied warranties, including merchantability and fitness for a particular purpose, not effectively, disclaimed are limited to the applicable statute of limitations, but in no event will extend beyond the applicable warranty period.

B-9 Meltin Vaste excludes and will not pay for any incidental and / or consequential damages. Under no circumstance shall Meltin Vaste be liable for any damages (of any nature or description whatsoever) which exceeds the actual purchase price of the defective product as adjusted on the basis of the pro-rated warranty schedule provided herein.

Product Returns or claims

Due to any condition that was clearly apparent prior to installing any part of Meltin Vaste CrabWood fence products, returns will not be considered after CrabWood fencing products has been applied/fastened to the fence structure.

 

  1. Meltin Vaste CLAIM PROCEDURE

 C-1  In order to proceed with a warranty claim against Meltin Vaste, the purchaser must send to Meltin Vaste a copy of this warranty document, a copy of original proof of purchase, and photos or other supporting evidence of the defective or non-conforming Meltin Vaste product.

All Warranty claims should be forwarded to Meltin Vaste address or email : Purchasers original proof of purchase must be from Meltin Vaste or its authorised Meltin Vaste retailer / dealer.

The proof of purchase will also show

  1. The date of the original purchase and
  2. That sufficient CrabWood product has been purchased to cover the number of linear feet or meter claimed to be damaged.

All warranty claims must be received by Meltin Vaste within the applicable warranty period and in no event later than thirty (30) days after any discovery of a possible non – conforming nature / or other failure of the Meltin Vaste product.

C-2 Upon discovering a possible defect of any CrabWood product, purchaser shall, at purchaser’s sole expense, make temporary repairs or cordon off the area in order to fully protect all property and persons that could be affected.

Purchaser is not authorised to make any permanent repairs or remove any of the Meltin Vaste products prior to Meltin Vaste having confirmed its claim investigation and, should purchaser violate these requirements, such violations shall serve to invalidate and terminate the limited warranty provided by Meltin Vaste.

Purchaser is to Call or email Meltin Vaste or its authorized retailer / dealer regarding the problem

Call 021 074 7741. Email us at :  contact@meltinvaste.co.nz

(Meltin Vaste or its authorized retailer /dealer) will then arrange for the product to be inspected and make a determination as to whether any of the product should be replaced under the terms of this warranty.

At any time in the investigation Meltin Vaste (CrabWood) may request the assistance of engineers, scientists or any other party Meltin Vaste deems appropriate to verify the claim.  If the claim is proven, Meltin Vaste  at its discretion will replace the product on a case by case basis or alternatively provide a refund for the quantity found to be defective on the prorated basis as given below.

No CrabWood products shall be returned to Meltin Vaste unless directed and authorised by Meltin Vaste in writing to do so. Any removal or disposal of defective CrabWood products shall be at purchaser’s sole cost and expense.

D·    GENERAL CONDITIONS, EXCLUSIONS AND    

       LIMITATIONS.

 

D-1  Purchasers sole remedy and Meltin Vaste sole responsibility to purchaser, for

  1. Any claim what so ever relating to the CrabWood product.
  2. Any claims arising out of marketing, purchase, installation ,use , storage possession or maintenance of CrabWood products ( whether such claim arises in contract warranty, tort, gross negligence, strict liability, statutes or regulations or otherwise or
  3. Any claims that the CrabWood products failed to perform as warranted above, is and shall be limited to Meltin Vaste replacement of the defective

CrabWood product. Meltin Vaste shall not be responsible for the costs associated with the installation of the replacement Crabwood products or the disposal of the defective CrabWood products.

 

D-2 Meltin Vaste’s obligation to provide replacement product shall only be in an amount equal to the volume ( Linear feet or Meter ) of defective material as listed on the prorated warranty schedule contained herein or the number of defective CrabWood fasteners / clips/ . Meltin Vaste replacement obligation allows Meltin Vaste to provide products as close in colour, design, and quality to the original installation as reasonably possible, in Meltin Vaste’s discretion and determination. Purchaser acknowledges that Meltin Vaste does not guarantee an exact match as colours and designs may change. Purchaser agrees to the use of such fasteners / clips as adequate for reinstallation of the defective part irrespective of the existing method. In Meltin Vaste’s sole and absolute discretion, Meltin Vaste may at its opinion elect to refund the percentage of the original purchase price listed under recovery on the prorated warranty schedule in lieu of replacing the defective product.

 

D-3  Under no circumstances whatsoever shall Meltin Vaste be liable for any direct ,indirect, incidental, special, consequential, punitive, exemplary, statutory, special or other damages based upon the CrabWood products or resulting directly or indirectly, from any defect in the CrabWood  products including but not limited to damage to, diminution in value of and /or loss of use or enjoyment of ,any property or part thereof whether based on contract, tort, strict liability, statute regulation or otherwise, even if Meltin Vaste is expressly advised about the possibility of such damages.

Some states do not allow the exclusion or limitation of incidental or consequential damages in certain circumstances, so the above limitation may not apply to you.

.

 

Percentage Recovery            10 Year of Warranty Claim

100%                                       1-2 years

75%                                         3 years

50%                                        4-5 years

25 %                                       6-7 years

15 %                                       8-9 years

10%                                         10 years

  • Provide physical evidence to replace defective CrabWood products.
  • Refund the portion of the original purchase amount that is defective in quality in monetary terms.
  • The compensation percentage is calculated according to the original purchase price of the defective product.
  • The limited warranty does not cover and Meltin Vaste shall not be liable for any of purchaser’s transport, installation removal or re installation costs.

D-4 Meltin Vaste does not warrant against and is not responsible for and no express or implied warranty shall be deemed to cover, any condition attributable to in whole or in part to:

  1. Improper installation of CrabWood products.
  2. Failure to abide by Meltin Vaste’s written instructions.
  3. Failure to comply with any or all applicable laws or building codes, including but not limited to improper structural support, fastenings, ventilation or gapping.
  4. Use of CrabWood products beyond normal use or in an application not recommended or permitted by Meltin Vaste’s written instructions and applicable laws and building codes.
  5. Movement, distortion, collapse or settling of the ground or the supporting structure upon which CrabWood products are installed.
  6. Defects in or failure arising from fencing structure resulting from water caused by improper installation, workmanship, maintenance or repair.
  7. Any act of God (including but not limited to Flooding, Hurricane, Tornado, Wind, Earthquake, Lightning, Hail etc…
  8. Discolouration, fading, spotting or staining from or caused in whole or in part, by mould, mildew, other fungal growth, organic materials, metallic oxides, or particles( including but not limited to rust or corrosion of any fasteners) dirt, other atmospheric or environmental pollutants, foreign substances such as grease or oil, chemicals ( including but not limited to those found in cleaners ) or normal weathering ( defined as natural efflorescence, exposure to sunlight, weather and atmospheric conditions which causes any coloured surface to gradually fade, flake ,chalk, or accumulate dirt or stains.
  9. The application of paints
  10. Stains, surface treatments or other chemical substances including but not limited to cleaners or pesticides.
  11. Fading, flaking or other deterioration of any paints, stains or other coatings placed on the CrabWood products.
  12. Climate change, environmental conditions, static electricity or any cause beyond the control of Meltin Vaste.
  13. Variations or changes in colour of CrabWood products
  14. Improper handling, Maintenance, storage, abuse or neglect of CrabWood products by purchaser or any other party.
  15. Ordinary wear and tear.

D-5 Purchaser and /or purchaser’s contractor or representative is solely responsible for determining the suitability of any CrabWood products for purchaser’s property and for the installation and use of any CrabWood products. Purchaser and /or purchaser’s contractor or representative shall be solely responsible for determining whether the CrabWood product meets the requirements of any applicable building or safety code or similar regulation relating to the purchaser’s property. Purchaser acknowledges that Meltin Vaste does not provide architectural or engineering services. Meltin Vaste makes no express or implied warranty or representation as to the suitability of the CrabWood products for, or actual performance, Capabilities or operation of CrabWood products at, purchaser’s property or under the conditions of purchaser’s use.

All warranties provided by Meltin Vaste, whether express or implied, and including the limited warranty, are void if anyone or any of the following applies or occurs.

  1. The CrabWood product is not installed, maintained and /or used strictly in accordance with Meltin Vaste’s written instructions.
  2. The CRabWood product is not installed in accordance with all applicable laws, codes, and regulations.
  3. The intentional or unintentional misuse of the CrabWood product, whether foreseeable or unforeseeable.
  4. The failure of purchaser to properly and /or timely maintain or repair the CrabWood product.
  5. The failure by purchaser to provide timely notice to Meltin Vaste of any failure or defect of the CrabWood product.

 

Effective law:

 

This warranty is subject to the laws of New Zealand.  This warranty gives you specific legal rights, and you may also have other rights. Nothing in this warranty limits or restricts, or is intended to derogate from, any right or remedy which the purchaser or ultimate user of the product may have pursuant to New Zealand Sale of Goods Act, Consumer Guarantees Act, Fair Trading Act or any other relevant and applicable New Zealand legislation.

All information contained in this document is correct and current at the time of publishing and is subject to change without notice.