For Sales Post 1st January 2019 |
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1 |
Objective of the Guarantee |
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| 1.1 | This guarantee (the “Guarantee”) applies to the sale and supply by Duggan Profiles and Steel Service Centre Limited (the “Guarantor”) of its Corrifarm and Profarm products (the “Products”) which are to be used as roofing or cladding in the polluted environment of livestock housing, excluding poultry and pig housing, to the owner or owners of the buildings to which the Products are applied (the “End User”) which are to be used as roofing or cladding in the polluted environment of livestock housing excluding poultry and pig housing. | ||
| 1.2 | Subject to the conditions and limits of this Guarantee, the Guarantor hereby guarantees to the End User the proper performance of the Products for the Term (as hereinafter defined). | ||
2 |
Duration of the Guarantee |
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| This Guarantee shall enter into effect from the date of sale of the Products and shall not, in any event, exceed the time period of twenty years (the “Term”). | |||
3 |
Scope of Guarantee |
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| 3.1 | Should the Products be proven to be defective, in full or in part, following a claim to that effect made by the End User, and a subsequent investigation by the Guarantor, to a level whereby the defective Products cover an area greater than 10% or 200m2 (whichever is the lower), of the total external surface of a building to which the Products have been applied, then the Guarantor shall, following consultation with the End User and to the exclusion of responsibility for any other losses or damages, provide such restoration as it sees fit, to the End User. | ||
| 3.2 | It is hereby expressly stated for this Guarantee to be effective, the Products must be installed within 2 months of the date of sale and any defect must be notified to the Guarantor, in writing, within 30 days of discovery. | ||
| 3.3 | The restoration provided by the Guarantor in clause 3.1 above, shall be limited, specifically, to those Products proven to be defective and shall not entitle the End User to any extension or renewal of this Guarantee. | ||
4 |
Limitation of liability |
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| 4.1 | In the event of the Products being defective, within the Term, the Guarantor’s liability (excluding VAT and transport charges) will be limited as follows: | ||
| 4.1.1 | Less than or equal to 5 years from the date of sale – Liability will be limited to 100% of the sale value of the defective Products excluding VAT. | ||
| 4.1.2 | Greater than 5 years from the date of sale – The liability will be limited to that percentage of the sale value, excluding VAT, calculated as follows (number of full years remaining of the Term, multiplied by 100, divided by the length of the Term less 5). | ||
5 |
Conditions of Corrifarm and Profarm Roofing Product Guarantee |
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| 5.1 | Buildings, to which the Products are applied, shall be designed and erected according to professional rules and regulations in force together with any recommendations of the Guarantor. | ||
| 5.2 | Buildings, to which the Products are applied, shall be erected and maintained free of mechanical damage and accumulations of debris and other pollutants. | ||
| 5.3 | Storage, installation and use of the Products shall be in accordance with the Guarantor’s recommendations and published best practice at the date of sale. | ||
| 5.4 | Buildings, to which the Products are applied, shall be constructed with adequate ventilation and in accordance with industry best practice and department of agriculture guidelines. | ||
| 5.5 | Appropriate accessories and material shall be used to prevent any acceleration of corrosion of the Products. | ||
| 5.6 | Buildings, to which the Products are applied, should be inspected annually and maintenance undertaken in line with up-to-date best practice literature. | ||
| 5.7 | A natural wash of the organic coated surfaces by atmospheric rainfall shall normally be assured in order to prevent any clogging which can be detrimental to their appearance (dust deposits, etc.). For surfaces which do not receive this natural washing, a regular maintenance shall be done with a minimum frequency as follows: | ||
| 5.7.1 | An annual washing without the use of abrasive or aggressive substances. | ||
| 5.7.2 | A systematic and immediate treatment of any parts which, for various reasons, show signs of corrosion. | ||
6 |
Exclusions from the Guarantee |
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| This Guarantee shall not cover: | |||
| 6.1 | Corrosion or other defects initiating or resulting from non- protected holes and cut edges. | ||
| 6.2 | Corrosion or other defects initiating or resulting from the collection and/or retention of water and/or other contaminants on or around the Products. | ||
| 6.3 | Corrosion or other defects resulting from above normal concentrations of hydrogen sulphide gas from aerated slurry. | ||
| 6.4 | Products installed on roofs with less than a 10 degree pitch or where water or other contaminants are prevented from running freely from all surfaces. | ||
| 6.5 | Installation of the Products at temperatures other than in the current product data sheet at the time of sale. | ||
| 6.6 | The performance of any touch-up paint or over-paint used on the panels. | ||
| 6.7 | Colour fading of the Products. | ||
| 6.8 | Defects initiating from fire, lightning, flood, explosion, abnormal winds, earthquake, acts of war, riots, civil commotion, radiation, falling objects, vandalism and other extraneous causes, over which the Guarantor has no control. | ||
| 6.9 | Damage caused by misuse, willful act or negligence, by the End User, or any other party. | ||
| 6.10 | Damage to the Products incurred during storage, transport or erection. | ||
| 6.11 | Corrosion or other defects due to accumulations of dirt or debris. | ||
| 6.12 | Corrosion or other defects resulting from inadequate ventilation resulting in severe condensation, or seepage of aggressive or corrosive chemical compounds. | ||
| 6.13 | Any material used in direct contact with or in close proximity to wet and corrosive materials such as wet concrete, wet or treated timber, or other wet material. | ||
| 6.14 | Products exposed to the seafront as defined by a zone where sea water is capable of spraying, either partially or momentarily over the buildings fitted with the Products. | ||
| 6.15 | Any alteration or modification to the Products. | ||
7 |
Assignment |
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| This Guarantee may not be assigned save with the prior written consent of the Guarantor and the End User. | |||
8 |
Jurisdiction and Applicable Law |
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| The formation, existence, construction, performance, validity and all aspects whatsoever of this Guarantee will be governed by Irish law and the Irish courts shall have exclusive jurisdiction to settle any disputes which may arise herefrom. | |||
. . . . For Sales Pre 31st December 2018 |
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1 |
Objective of the Guarantee |
||
| 1.1 | This guarantee (the “Guarantee”) applies to the sale and supply by Duggan Profiles and Steel Service Centre Limited (the “Guarantor”) of its Corrifarm and Profarm products (the “Products”) which are to be used as roofing or cladding in the polluted environment of livestock housing, excluding poultry and pig housing, to the owner or owners of the buildings to which the Products are applied (the “End User”) which are to be used as roofing or cladding in the polluted environment of livestock housing excluding poultry and pig housing. | ||
| 1.2 | Subject to the conditions and limits of this Guarantee, the Guarantor hereby guarantees to the End User the proper performance of the Products for the Term (as hereinafter defined). | ||
2 |
Duration of the Guarantee |
||
| This Guarantee shall enter into effect from the date of sale of the Products and shall not, in any event, exceed the time period of fifteen years (the “Term”). | |||
3 |
Scope of Guarantee |
||
| 3.1 | Should the Products be proven to be defective, in full or in part, following a claim to that effect made by the End User, and a subsequent investigation by the Guarantor, to a level whereby the defective Products cover an area greater than 10% or 200m2 (whichever is the lower), of the total external surface of a building to which the Products have been applied, then the Guarantor shall, following consultation with the End User and to the exclusion of responsibility for any other losses or damages, provide such restoration as it sees fit, to the End User. | ||
| 3.2 | It is hereby expressly stated for this Guarantee to be effective, the Products must be installed within 2 months of the date of sale and any defect must be notified to the Guarantor, in writing, within 30 days of discovery. | ||
| 3.3 | The restoration provided by the Guarantor in clause 3.1 above, shall be limited, specifically, to those Products proven to be defective and shall not entitle the End User to any extension or renewal of this Guarantee. | ||
4 |
Limitation of liability |
||
| 4.1 | In the event of the Products being defective, within the Term, the Guarantor’s liability (excluding VAT and transport charges) will be limited as follows: | ||
| 4.1.1 | Less than or equal to 5 years from the date of sale – Liability will be limited to 100% of the sale value of the defective Products excluding VAT. | ||
| 4.1.2 | Greater than 5 years from the date of sale – The liability will be limited to that percentage of the sale value, excluding VAT, calculated as follows (number of full years remaining of the Term, multiplied by 100, divided by the length of the Term less 5). | ||
5 |
Conditions of Corrifarm and Profarm Roofing Product Guarantee |
||
| 5.1 | Buildings, to which the Products are applied, shall be designed and erected according to professional rules and regulations in force together with any recommendations of the Guarantor. | ||
| 5.2 | Buildings, to which the Products are applied, shall be erected and maintained free of mechanical damage and accumulations of debris and other pollutants. | ||
| 5.3 | Storage, installation and use of the Products shall be in accordance with the Guarantor’s recommendations and published best practice at the date of sale. | ||
| 5.4 | Buildings, to which the Products are applied, shall be constructed with adequate ventilation and in accordance with industry best practice and department of agriculture guidelines. | ||
| 5.5 | Appropriate accessories and material shall be used to prevent any acceleration of corrosion of the Products. | ||
| 5.6 | Buildings, to which the Products are applied, should be inspected annually and maintenance undertaken in line with up-to-date best practice literature. | ||
| 5.7 | A natural wash of the organic coated surfaces by atmospheric rainfall shall normally be assured in order to prevent any clogging which can be detrimental to their appearance (dust deposits, etc.). For surfaces which do not receive this natural washing, a regular maintenance shall be done with a minimum frequency as follows: | ||
| 5.7.1 | An annual washing without the use of abrasive or aggressive substances. | ||
| 5.7.2 | A systematic and immediate treatment of any parts which, for various reasons, show signs of corrosion. | ||
6 |
Exclusions from the Guarantee |
||
| This Guarantee shall not cover: | |||
| 6.1 | Corrosion or other defects initiating or resulting from non- protected holes and cut edges. | ||
| 6.2 | Corrosion or other defects initiating or resulting from the collection and/or retention of water and/or other contaminants on or around the Products. | ||
| 6.3 | Corrosion or other defects resulting from above normal concentrations of hydrogen sulphide gas from aerated slurry. | ||
| 6.4 | Products installed on roofs with less than a 10 degree pitch or where water or other contaminants are prevented from running freely from all surfaces. | ||
| 6.5 | Installation of the Products at temperatures other than in the current product data sheet at the time of sale. | ||
| 6.6 | The performance of any touch-up paint or over-paint used on the panels. | ||
| 6.7 | Colour fading of the Products. | ||
| 6.8 | Defects initiating from fire, lightning, flood, explosion, abnormal winds, earthquake, acts of war, riots, civil commotion, radiation, falling objects, vandalism and other extraneous causes, over which the Guarantor has no control. | ||
| 6.9 | Damage caused by misuse, willful act or negligence, by the End User, or any other party. | ||
| 6.10 | Damage to the Products incurred during storage, transport or erection. | ||
| 6.11 | Corrosion or other defects due to accumulations of dirt or debris. | ||
| 6.12 | Corrosion or other defects resulting from inadequate ventilation resulting in severe condensation, or seepage of aggressive or corrosive chemical compounds. | ||
| 6.13 | Any material used in direct contact with or in close proximity to wet and corrosive materials such as wet concrete, wet or treated timber, or other wet material. | ||
| 6.14 | Products exposed to the seafront as defined by a zone where sea water is capable of spraying, either partially or momentarily over the buildings fitted with the Products. | ||
| 6.15 | Any alteration or modification to the Products. | ||
7 |
Assignment |
||
| This Guarantee may not be assigned save with the prior written consent of the Guarantor and the End User. | |||
8 |
Jurisdiction and Applicable Law |
||
| The formation, existence, construction, performance, validity and all aspects whatsoever of this Guarantee will be governed by Irish law and the Irish courts shall have exclusive jurisdiction to settle any disputes which may arise herefrom. | |||