OmniCrete Pty Ltd
ACN 102 904 058
(“OmniCrete”)
SureStone Flooring Limited Commercial Warranty
OmniCrete trust you are happy with your SureStone flooring purchase and wish you to be confident in your investment. OmniCrete is committed to providing a high quality natural stone flooring product.
Structural Warranty
OmniCrete warrants that the SureStone Flooring sold under this Warranty is, at the time of sale, free from defects in material and manufacture and that it conforms to SureStone standard published specifications.
OmniCrete further warrants that when professionally installed according to OmniCrete specifications, used for its intended purpose, and maintained according to the SureStone Flooring instructions, the Flooring matrix will not delaminate, separate or become unserviceable as a result of a manufacturing defect for seven (7) years from the date of sale.
This Warranty does not cover general wear and tear including but not limited to scratches, a reduction in the shine of the finish, or damage to the finish caused by impact and other day to day activities. In addition, no warranty is provided or to be implied in respect of the physical application and installation of the products. You should obtain a separate warranty from your installer.
The SureStone installation instructions MUST be followed as a condition for this Warranty to have effect. You may obtain these instructions by sending an email request to info@surestone.com.au
Causes specifically excluded
These Warranties do not cover damage or defects resulting from or in any way attributable to:
1.Improper storage, handling or installation of the Flooring;
2. Abuse, accidents, lack of maintenance, neglect, abnormal use or misuse, negligence, application of solvents, corrosives or other chemicals to the Flooring, burning, colour change, fading, weathering or damage due to exposure to the sun, excessive pivot and point-loads, spike heeled shoes, unpadded furniture feet, water, damage from sand, pebbles or other abrasives or other unintended uses;
4. Improper alterations of original installed product;
5. Excessive subsurface moisture penetration or emissions from concrete, leaking pipes, taps or, appliances such as but not limited to washing machines, dishwashers, and refrigerators;
6. Settlement or movement of the structure upon which the Flooring is laid including but not limited to the effects of hydrostatic pressure, thermal movement or other excessive atmospheric conditions;
7. Natural events such as hurricanes, tornadoes, earthquakes, and floods; or
8. Variations in colour or texture that exist in the Flooring when new (such variation is a natural occurrence, hence laid flooring may not match display samples) or any discolouration that develops over time due to weathering or varying exposure to sunlight or UV light.
Who is covered?
This Warranty extends to the buyer and to the owner of the first structure in which the Flooring is installed during the Warranty Period and is not transferable.
Disclaimer of Implied Warranties
The above Warranties are the exclusive and sole Warranty given by OmniCrete for the Flooring. They supersede any prior, contrary or additional representations, whether oral or written. SureStone disclaims all other Warranties – whether express, implied or statutory, including any Warranty of merchantability, any Warranty of fitness for a particular purpose, and any implied Warranties arising from course of dealing or usage of trade, except that any Warranties implied by law which prohibit the exclusion of such Warranties are deemed to be included, but OmniCrete’s liability will be limited to one or more of the following at the option of OmniCrete:
(a) repair of the defective SureStone Flooring;
(b) payment of the cost of replacing the defective SureStone Flooring or of acquiring equivalent flooring;
(c) replacement of the defective SureStone Flooring or the supply of equivalent flooring.
How to make a claim
If the SureStone product does not comply with the Warranty, the owner of the product must notify OmniCrete in writing at Po Box 79 Eltham Victoria 3095 within thirty (30) days after discovering the non-conformity. The notice must describe the location and nature of the nonconformity.
The owner must give OmniCrete a reasonable opportunity to examine the claimed non-conformity before undertaking any repairs, removal or replacement.
The owner must present the original invoice, bill or other proof of the date of purchase. Compliance with the requirements of this paragraph is a condition to coverage under the Warrant. If these requirements are not complied with, OmniCrete will have no obligation to remedy any nonconformities.
What we will provide if the SureStone Flooring is non-compliant
If the Warranty claim is valid and in accordance with this document, OmniCrete will, at its option, provide one of the following:
1. repair of any non-compliant or defective areas of SureStone Flooring;
2. refund of a proportion of the purchase price in respect of or proportionate to any areas of defective SureStone Flooring; or
3. refund the percentage of the proportion of the purchase price in respective of or proportionate to any areas of defective SureStone Flooring reduced by the percentage of the Warranty Period expired when OmniCrete is notified of the non-conformity.
Exclusion of Incidental and Consequential Damages
In no event shall OmniCrete be liable for any incidental, special, indirect or consequential losses or damages, whether resulting from non-delivery or late delivery or from the use, misuse or inability to use the Flooring or from defects in the Flooring. Such excluded loss and damage includes but is not limited to loss of profit or rent, loss of use, cost of alternative accommodation or delay costs.
Laws
This document and all Warranty issues are governed by the laws of the State of Victoria, Australia and you agree to the exclusive jurisdiction of the Courts of or in that State.