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h.
a Force Majeure event (e.g. cyclone, flood, fire, earthquake, terrorism); and
i.
cosmetic, superficial or other defects, or dents, marks, scratches or other
damage which do not impair the proper functioning of the Water Tank.
9.
To the extent permitted by law, Kingspan or any of its employees, officers,
contractors, subcontractors or related bodies corporate, do not have any liability to
you or any other person for any indirect, consequential, special or economic loss or
damage or exemplary damages arising due to a breach of these Warranty Terms &
Conditions or in tort (including negligence) in connection with the provision of, or
failure to provide, any Product or service including, without limitation, loss of
revenue, profits, production or opportunity, increases of operating and financing
costs, loss of water or consequential damage caused by leakage, or damage to
reputation.
10.
This Warranty is subject to the Pro Rata terms and will be limited to, at Kingspan’s
discretion:
a.
replacement of the Product or supply of an equivalent product; or
b.
repair of the Product; or
c.
the payment of the cost of replacing the Product or acquiring an equivalent
Product or having the Product repaired.
11.
These Warranty Terms & Conditions only apply to the person or entity who purchased
the Water Tank for use (not re-supply or transformation in trade or commerce)
unless Kingspan is notified and agrees in writing to extend the application of these
Warranty Terms & Conditions to another person or entity (e.g. a new owner of the
property on which the Water Tank is located).
12.
You may need to arrange for water to be discharged from the Water Tank so as to
permit inspection and/repair of the claimed defect. Kingspan will not be liable to
replace any water discharged in this process but will advise on how to do so with
minimal loss if requested. Upon completion of the inspection and/or repair of any
defects (including replacement of the Water Tank), you will need to fill the Water
Tank with sufficient water so as to ensure its stability and continued compliance with
the Warranty Terms & Conditions.
Variations to the Warranty
13.
Certain Water Tanks are sold with a more limited, 10 year pro rata warranty. This
clause applies to:
a.
Water Tanks installed above the Tropic of Capricorn. Other than the varied
warranty period, all other Terms & Conditions contained in this document apply
fully to such Water Tanks; and
b.
Water Tanks installed by someone other than Kingspan or its Contractor. In the
case of such tanks, the reduced 10 year pro rata warranty provided by
Kingspan relates exclusively to manufacturing faults. For the avoidance of
doubt, damage or defects resulting from the manner of installation of such
