“Date of Purchase” means the date on which Purepine issues an invoice for the SmartClad product.
“Licensed Building Practitioner” has the meaning prescribed by the Licensed Building Practitioner Rules made pursuant to the Building Act 2004.
“Purepine” means Purepine Mouldings Limited and its assignees.
“Purepine Premium Weatherboards and SmartClad weatherboards checklist” means the checklist to be completed by the customer and returned to Purepine after the cladding is completed.
“Resistant” means resistant to the extent set out in SmartClad product literature at the time the SmartClad products were installed.
“SmartClad” means Purepine’s SmartClad weatherboard cladding system, clips and preformed component products.
“SmartClad Technical Manual” means the SmartClad technical manual as updated from time to time available from Purepine’s website www.smartclad.co.nz or by phoning toll-free 0800 768 253 during normal working hours.
“Warranty” means the Warranty given below under the heading “Warranty”.
“Warranty Conditions” means the conditions and limitations listed below under the heading “Warranty Conditions”.
Subject to the Warranty Conditions, for a period of 15 years from the Date of Purchase, Purepine warrants that SmartClad will be:
free from manufacturing and production defects;
resistant to cracking;*
resistant to rotting;*
resistant to damage from borer attacks;* and
resistant to damage from termite attacks. *
* Note: “Resistant” means resistant to the extent set out in the SmartClad product literature at the time of installation.
This Warranty is strictly subject to the following conditions and limitations. Failure to comply with these conditions may result, at the sole discretion of Purepine, in a Warranty claim being rejected.
1.1 SmartClad must be installed by competent Licensed Building Practitioner.
1.2 SmartClad must be installed strictly in accordance with the SmartClad Technical Manual using only SmartClad products.
1.3 If the SmartClad Technical Manual does not contain the necessary installation instructions, then SmartClad must be installed in accordance with best trade practices as determined by the relevant local authority and, if prudent, as determined by the designer of the structure to which SmartClad is being installed.
1.4 Non-SmartClad products used in conjunction with or alongside SmartClad must be installed/applied strictly in accordance with the relevant manufacturer’s installation specifications and guidelines or best trade practice if such specifications and guidelines are not available.
1.5 The structure or building in which SmartClad has been incorporated must be designed and constructed in accordance with the New Zealand Building Code current at the time of installation, the Building Act 2004 and all rules, standards, and regulations issued thereunder and all consents issued by local authority for the structure.
2.1 SmartClad must be maintained strictly as recommended by the SmartClad Technical Manual.
2.2 Non-SmartClad products used in conjunction with or alongside SmartClad including (but not limited to) coating and jointing systems, must be maintained strictly in accordance with the relevant manufacturers installation specifications and guidelines or best trade practice if such specifications and guidelines are not available.
Timing of Claim
3.1 The Purepine Premium weatherboards and SmartClad weatherboards checklist must be completed and returned to Purepine on completion of cladding and no later than 30 days of a defect becoming apparent.
3.2 Claims under the Warranty must be received in writing by Purepine within 30 days of the date the deficiency or fault became or should have become apparent to a building owner acting reasonably.
3.3 Purepine will not be liable for claims made after the time frame specified in 3.1 has expired.
3.4 Except as otherwise permitted by law, and without limiting anything else contained herein, all claims against Purepine must be made through the supplier of SmartClad.
Privity of Contract
4.1 The Warranty is for the benefit of the customer named on Purepine’s purchase invoice only.
4.2 Without limiting clause 4.1, this Warranty is not transferable to subsequent owners or occupiers of the structure to which SmartClad is installed.
5.1 Upon receipt of a valid Warranty claim, Purepine will in its sole discretion elect to either:
5.1.1 supply replacement SmartClad for installation by the customer; or
5.1.2 undertake rectification works on the affected SmartClad; or
5.1.3 pay for the cost of the replacement or rectification of the affected SmartClad.
5.2 Other than as specified in clause 5.1, no other remedies are available to the customer under this Warranty.
5.3 The customer acknowledges and agrees that replacement product and/or remedial works may result in colour variations between the original and replacement SmartClad due to the effects of weathering and changes to SmartClad materials over time. Purepine shall not be liable to the customer for any such colour variations.
Limitation of Liability
6.1 Other than as stated herein, Purepine will not be liable for any losses, liabilities, costs, charges, expenses, damages whether direct, indirect or consequential, howsoever arising as a result of a defect or deficiency or fault in SmartClad.
6.2 For clarity, but without prejudice to the generality of clause 6.1, Purepine will specifically not be liable for any losses, liabilities, costs, charges, expenses, damages whether direct, indirect or consequential, arising from or in any way attributable to poor workmanship, poor design, poor detailing, structural settlement, structural movement, movement of materials to which SmartClad is attached, improper structural design, acts of God including but not limited to earthquakes, cyclones, floods or other severe weather conditions, efflorescence, performance of paint or coatings applied to SmartClad, normal wear and tear, growth of mould, mildew fungi, bacteria, or any attachment of any organism on the surface of SmartClad (whether on the exposed or unexposed surfaces). This Warranty does not exclude or modify any legal rights a customer may have under the Consumer Guarantees Act 1993.
6.3 To the fullest extent allowed by law, all warranties, conditions, liabilities and obligations expressed or implied by law other than those specifically set out in this Warranty are excluded. Without limiting the generality of the foregoing, unless otherwise specified in writing at the Date of Purchase, Purepine assumes no liability for SmartClad being fit for any particular purpose.
6.4 Failure to complete and return the Purepine Premium weatherboards and SmartClad weatherboards checklist may void warranty.
The recommendations contained in this document are based on good building practice, but are not an exhaustive statement of all relevant information. The successful performance of the system relies on many factors outside the control of Purepine Mouldings Limited such as the quality of workmanship and design.
Purepine Mouldings Limited shall not be liable for the recommendations made in its literature and the performance of the system including conformance with the NZBC, regulations and standards. It is the responsibility of the building designer to ensure that the details and recommendations provided are suitable for the intended project and that the design is executed appropriately.