Five (5) Year Workmanship Guarantee
Terms and Conditions:
1. DAVKEL Limited, trading as Dave Rowe Painter & Decorator (DRPD) provides a workmanship guarantee for works carried out by members of their staff or any person acting on behalf of and with the authority of DAVKEL Limited on residential dwellings where the homeowner chooses to use Dulux, Resene or Valspar paint products (premium line). The guarantee does not apply to workmanship in connection with the use of any other paint or decorative products or any other Dulux, Resene or Valspar products including, without limitation, waterproof membranes.
2. The guarantee only covers defects in workmanship which are any failure by DRPD to comply with all relevant trade practices and standards.
3. This is the only warranty made by DRPD and takes the place of all other expressed or implied warrantees.
4. The guarantee may only be applied for by owners of single residential dwellings.
5. In order to be entitled to file a claim under this limited warranty, the Client must first:
· contact the Contractor to report the claim
· make the property accessible to the Contractor to make the repairs
· maintain evidence of payment in full
· maintain a copy of the original contract
· pay the original, quoted price, in full
6. The term of the guarantee is five years from the date of completion of the works by DRPD. Confirmation of the completion date, product purchased and that payment in full has been received is required from the contractor, for final acceptance.
7. What is covered by the Guarantee:
a. Defect in Materials and Defect in Workmanship cover, that applies from the date of Acceptance up to and including the fifth anniversary of that date.
i. Defect in Materials means a substantial failure of any materials prematurely, having regard to recognised trade practice. Where there is a manufacturer or supplier warranty or guarantee on materials, the Client must make a claim on such warranty or guarantee first.
b. Defect in Workmanship means a Defect from any failure by DRPD to comply with:
i. the Contract; or
ii. regard to relevant trade practices and standards; or
iii. any relevant instruction or recommendation given by the manufacturer or supplier.
8. The warranty shall not cover any defect or damage which may be caused or partly caused by or arise through:
· failure on the part of the Client to properly maintain any Materials; or
· failure on the part of the Client to follow any instructions or guidelines provided by the Contractor; or
· any use of any Materials otherwise than for any application specified on a quote or order form; or
· the continued use of any Materials after any defect becomes apparent or would have become apparent to a reasonably prudent operator or user; or
· fair wear and tear, any accident or act of God.
· paint failure at horizontal surfaces or any surface that permits moisture to collect because of their specific design (i.e., railings, porches, wooden gutters, decks, stairs, roofs, etc.)
· work for which Contractor did not supply the paint or other materials.
· any work not performed by the Contractor.
· surfaces made of, or containing, galvanized metal, or varnished surfaces.
· bleeding caused by rust, cedar, or knots.
· the cost of paint required to perform the repairs.
· exact paint match, since environmental conditions will affect the colour and finish of all paints over time.
· cracks, flaking or peeling that occur in drywall, plaster, fibrous plaster, or wood after completion of painting.
· repairs which are needed due to results of a defect in the paint (despite paint being supplied by the Contractor or the Client)
· waterproofing or weathertight coatings and membranes.
· roof coatings, either for product or application.
· Any peeling, chipping, or blistering caused by:
a. mill-glazing from smooth cedar.
b. peeling of layers of paint existing prior to the work performed by the Contractor.
c. moisture content of the substrate.
d. abrasion, abrasive cleaning, mechanical damage, abuse, or damage that results from use of chemicals (or cleaning agents).
e. exposure to harmful solids, liquids, or gases.
f. ordinary wear and tear, or extraordinary wear and tear, resulting from improper use and care.
g. defects or damages caused by fire, flood, acts of God, explosion, vandalism, extreme weather conditions, alterations, abuse, negligence, misuse, or any additional reason beyond the control of the Contractor.
h. structural defects, including settling or movement.
i. harm or neglect of the Client (including abnormal use or misuse of area).
9. Repairs under this warranty will only be performed on the areas where blistering, peeling, or chipping have occurred and only to the level deemed necessary to blend or interface with the undamaged finish as determined in the sole discretion of the owners of DRPD.
10. Any remedial works required over the value of the original contract price shall be the responsibility of the homeowner.
11. The guarantee will terminate and DRPD shall not be liable for any claims if the homeowner undertakes any remedial works without the prior written consent of DRPD.
12. The homeowner may not transfer the guarantee or its rights under the guarantee to any third party.
13. This guarantee does not affect the rights of a consumer under the Consumer Guarantees Act 1993.