Speedpanel® Warranty

Document No. SP-PC-SA-008
Rev no. 01

NOTICE TO CONSUMERS UNDER AUSTRALIAN CONSUMER LAW

The Australian Consumer Law provides certain guarantees to consumers when they purchase goods and these guarantees cannot be excluded, restricted or modified. These consumer guarantees are different to, and separate from, this Warranty, which is given voluntarily by Speedpanel Systems. Speedpanel Systems Products 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. The benefits provided by this Warranty are in addition to any other rights and remedies of a consumer under the Australian Consumer Law and any other law which may apply to the goods.

1. Key terms

Capitalised terms in this Warranty have the following meanings:

Building Envelope means the exterior surfaces and components of a building including walls, roof, windows and doors.

Covered Person means a person covered by this Warranty as identified in clause 6.

Date means the original order delivery date of the Product to a Covered Person.

External Applications refers to the Product being installed outside of an enclosed environment with exposure to external elements.

Failure or Fail refers to the inability of the Product to perform its intended function or meet the specified requirements.

Galvanised means Product components supplied in zinc galvanised material.

Industrial influence refers to the proximity of the installation site of the Product to industrial areas or environments that may expose the Product components to increased levels of contaminants, pollutants, or corrosive agents.

Internal Applications refers to the Product being installed within a dry, enclosed environment away from direct and indirect exposure to external elements, pollutants and contaminants.

Maintenance Inspections means an inspection of the Product systems.

Maintenance Requirements means the maintenance requirements published by Speedpanel Systems and otherwise specified in clause 9 of this Warranty.

Marine Environment means an environment located within a 1 kilometre distance from bodies of water.

Metal Spangle refers to the appearance and pattern of the metallic coating on the Products including Galvanised and Pre-painted steel.

Pre-painted means Speedpanel Systems components supplied in standard pre-painted steel material.

Product refers to the Speedpanel® proprietary construction system developed by Speedpanel Systems limited to the system components supplied by Speedpanel Systems to a Covered Person.

React refers to a physical response or interaction between substances or materials that may result in changes, damage or adverse effects.

Speedpanel Systems means Speedpanel Systems Pty Ltd (ABN 92 620 898 400).

Stain means discoloration or alteration of the surface appearance of Product components due to contact with substances that cause visible marks or colour changes.

Warranty Exclusions means the specific circumstances or situations listed in this Warranty where coverage is not provided. These exclusions limit the scope of this Warranty and define the instances where Speedpanel Systems is not liable for any defects or damages.

Warranty Period means the duration of the Warranty coverage provided by Speedpanel Systems from the Delivery Date to the date specified in clause 3 of this Warranty for the relevant system.

2. Who is providing the warranty?

Speedpanel® Systems Pty Ltd

ABN: 92 620 898 400

421 Dorset Road, Bayswater VIC 3153
P: +61 3 9115 6666

E: enquiries@speedpanel.com.au

3. Warranty

Provided a Covered Person complies with the Maintenance Requirements, Speedpanel Systems warrants that the Product purchased and installed in Australia will be free from manufacturing defects for the Warranty Period, subject to the terms and conditions contained in this Warranty.

To honor this Warranty, Speedpanel Systems will at its sole discretion either:

(a) arrange for the defect in the Product to be repaired or replaced, at Speedpanel Systems’ option and expense, within a reasonable period of time; or

(b) pay the Covered Person an amount equivalent to the cost of repairing or replacing the relevant defect in the Product; or

If the original retail price of the Product cannot be established by the Covered Person, the original price shall be determined by Speedpanel Systems in its sole discretion.

If Speedpanel Systems provides the Covered Person with either the replacement cost or a replacement product, ownership of the original Product shall immediately transfer to Speedpanel Systems. Where a Product or a component of a Product is replaced under this Warranty, the time remaining on the original Product warranty period will continue to apply and the replacement Product or component will be subject to the original Product warranty period.

This Warranty is not transferable.

4. Warranty Periods for Products

A. Standard system warranty

Provided the Covered Person complies with the Maintenance Requirements, this Warranty applies to any manufacturing defects in the Covered Person’s Product installed in Internal Applications which appear within the period commencing from the Delivery Date and ending on:

10 Years from the Delivery Date for Galvanised Speedpanel Systems.
15 Years from the Delivery Date for Pre-painted Speedpanel Systems.

B. External system warranty

Provided the Covered Person complies with the Maintenance Requirements, this Warranty applies to any manufacturing defects in the Covered Person’s Products installed with direct or indirect exposure to an External Application which appears within the period commencing on the Delivery Date and ending on:

15 Years from the Delivery Date for Pre-painted Speedpanel Systems.

C. Marine wall system warranty

Provided the Covered Person complies with the Maintenance Requirements, this Warranty applies to any manufacturing defects in the Covered Person’s Products installed within 1 km of a Marine Environment which appear within the period commencing on the Delivery Date and ending on:

10 Years from the Delivery Date for Pre-painted Speedpanel Systems.

5. Application warranty

This Warranty only applies to Products which are manufactured on or after the date of publication of this Warranty but before the next date of publication of this Warranty. Warranty Periods where installations sit outside of the warranties set out in clause 4, may be determined by Speedpanel Systems on a case-by-case basis following Speedpanel Systems’ review of all design and environmental considerations.

Please contact us on +61 3 9115 6666 or via email enquiries@speedpanel.com.au
or visit https://speedpanel.com.au/contact to confirm if applicable.

6. Warranty coverage

Warranty coverage is limited to customers of Speedpanel Systems which is defined as the person who purchases the Product from Speedpanel Systems and whose details appear on the original purchase invoice supplied by Speedpanel Systems to the purchaser.

7. Conditions of Warranty

Warranty coverage under this Warranty shall be subject to the following terms:

Product must be installed and used in strict accordance with published Speedpanel Systems installation instructions and all applicable laws, regulations and/or building codes;
Product must be maintained in strict accordance with published Speedpanel Systems maintenance requirements; and
Product usage is limited to uses published by Speedpanel Systems.

A Covered Person must provide written notice to Speedpanel Systems within seven (7) days after discovery of any claimed defect covered by this Warranty and before beginning any permanent repair. The notice must describe the location and details of the claimed defect and any additional information necessary for Speedpanel Systems to investigate the claim. Photos of the Product, showing the claimed defect must accompany the notice. A claimant under this Warranty must provide proof to Speedpanel Systems that the claimant is a Covered Person.

8. Warranty Exclusions

Except as required by law (including the Australian Consumer Law), this Warranty does not apply if the Product is outside Australia or if the claim is wholly or partly attributable to:

the failure to install the Products in strict accordance with published Speedpanel Systems installation instructions and all applicable laws, regulations and/or building codes;
any damage or Failure resulting from the failure to adhere to the published maintenance guidelines of Speedpanel Systems, including regular inspections, maintenance, cleaning, or necessary repairs;
any Failure caused by components not supplied by Speedpanel Systems;
any Failure of material due to penetration, exposure, immersion or submersion of water or any corrosive media, pollutants and/or contaminants;
any failure to remove protective plastic film;
any Failure resulting from the Building Envelope not being covered during and after construction at any point of time (including improper storage and protection during construction);
any exposure to contaminants;
any exposure to wastewater or products with a pH outside the range of 6-12;
incorrectly installed or maintained air-conditioning, fire-fighting drainage, or other reticulated services;
any chemical reagents, fumes, liquids or soil;
any contact with moisture-retaining substances;
any contact with fire retardants;
any contact chemical treatments associated with timber preservation;
any contact with dissimilar metals;
accidental damage from external sources;
minor amounts of aesthetic corrosion, including white corrosion product or red rust on cut edges;
any Failure to replace the Product components that show any signs of red rust;
any differences in Metal Spangle;
any non-pre-painted Products installed within 1 km of a Marine Environment;
installation within 1 km of Industrial Influence;
the materials being deemed by Speedpanel Systems to React and/or Fail as a result of the reaction between dissimilar metals;
the materials being deemed by Speedpanel Systems to React and/or Fail as a result of poor installation practices and/or physical damage;
the materials being deemed by Speedpanel Systems to React and/or Fail as a result of failure to install inline with our current technical literature;
the materials being deemed to Stain, React and/or Fail resulting from contact with timber;
the materials being deemed to Stain, React and/or Fail result from contact with swarf and/or cutting debris;
any damage or Failure resulting from improper handling, storage, or transportation of the Products that deviate from Speedpanel’s recommended guidelines;
any damage or Failure resulting from acts or omissions of third parties, including contractors, installers and other trades;
any damage or Failure caused by force majeure events or circumstances beyond the control of Speedpanel Systems, including but not limited to natural disasters (including tornados, hurricanes, floods, earthquakes, severe weather, or other natural phenomena), acts of war, riots, strikes, or governmental regulations;
any damage or Failure resulting from improper use, abuse, misuse, neglect, or intentional acts that deviate from the intended purpose, recommended practices, or reasonable expectations of the Products;
any Failure to notify Speedpanel Systems of the potentially warrantable claim within 7 days of initial observation;
any Failure to facilitate an inspection of the potentially warrantable claim by a Speedpanel employee within 14 days of the initial report;
any issues or claims arising from the installation of Galvanised Speedpanel products as external walls;
any Failures arising from the reuse of any Products;
any Failures arising from Products sold by an entity other than Speedpanel Systems;
any Failures arising from considerations outside of the Speedpanel Systems required to create a functional and/or compliant Speedpanel system that supports and/or interfaces with Speedpanel;
damage resulting from incorrect design of the structure upon which the Product is installed;
efflorescence or performance of any grouts, adhesives, paints and/or coatings or any other materials which are manufactured by third parties;
further processing, modification or alteration of the Product in a manner not authorized by Speedpanel Systems; and
any cause other than material or manufacturing defects in the Product attributable to Speedpanel Systems.

9. Maintenance Requirements

Regular documented Maintenance Inspections of the Speedpanel System are required to ensure ongoing fitness for purpose. The frequency as well as any subsequent corrective measures are to be determined by a suitably qualified professional, based on the application and system design. The Covered Person agrees:

that evidence of documented Maintenance Inspections is required, including but not limited to inspection dates, photos and observations;
the Covered Person should immediately inform Speedpanel Systems when the Covered Person observes that the coating no longer provides sacrificial protection to the steel base;
if significant growth of white corrosion occurs, the area should be treated with an appropriate maintenance coating system. This treatment to be determined and warranted by others; and
any Speedpanel Systems component showing signs of red or black rust must be replaced by the Covered Person immediately.

Speedpanel Systems reserves the right to review all documented information pertaining to the design, installation and maintenance of the Product and associated system prior to honouring any warranty claim.

10. Exclusion of other warranties

To the extent permitted by law:

this Warranty constitutes the complete and exclusive warranty agreement between the Covered Person and Speedpanel Systems regarding the Product the Covered Person has purchased;
Speedpanel Systems disclaims all other warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose or otherwise;
this Warranty supersedes any prior agreements, advertisements or other representations that may have been made in connection with the Covered Person’s purchase of the Product other than as a part of a separate written agreement with Speedpanel Systems;
replacement of the defective product or reimbursement pursuant to section 4 of this Warranty shall be the sole exclusive remedy available to a Covered Person under this Warranty;
in no event will Speedpanel Systems be liable for any damages caused by Speedpanel or the failure of Speedpanel to perform; and
in no event shall Speedpanel Systems be liable for any special, incidental or consequential damages, including but not limited to any lost profits or savings, any claim of personal injury or property damage based upon breach of warranty, breach of contract, tort, or any other legal theory.