This warranty is subject to all of the terms & conditions listed below. The provisions of this warranty shall be interpreted and governed pursuant to the laws of Australia and the State in which the installation was carried out. This warranty is valid only in Australia.

 

1. Definitions

For the purposes of this warranty:

  • The “Property” means the building at the address identified on this certificate.
  • The “Owner” means the registered legal owner(s) of the Property.
  • The “Builder” means the authorised representative of the owner(s) of the Property, contracted to construct the Property.
  • The “Intended Purpose” means the requirements of a residential waterproofing system, as defined by the AS 3740 – 2010: Waterproofing of wet areas within residential buildings.

 

2. Scope of the Warranty

This certificate warrants to the Builder that the waterproofing system installed by Multiskill Pty Ltd in the wet areas of the Property consists of quality materials applied by trained applicators, is free from defects and will perform the Intended Purpose, when subject to normal use, for a period of seven (7) years from the date of handover.

Multiskill Pty Ltd.’s obligation under this warranty shall be to repair and/or replace, at their discretion, any defective workmanship at no cost to the Builder subject to the Warranty Exclusions and Limitations outlined below.

Under the terms of this warranty, Multiskill Pty Ltd shall not accept liability for any incidental, consequential or punitive damages arising from the use, loss of use or failure of a Multiskill Pty Ltd waterproofing system, including but not limited to:

  1. Lost income, profits, property value or sales;
  2. Injury or damage to person or property;
  3. Structural or other damage not directly related to the waterproofing system;
  4. Any other incidental, consequential or punitive damage or loss.

In any case where a repair and/or replacement of any or all of the defective waterproofing system has been carried out by an authorised and approved Multiskill agent, the original warranty issued at the time of installation shall continue to apply for the remainder of the warranty term and no additional, replacement or extended warranty shall apply or be issued.

The warranty herein is expressly in lieu of any and all other warranties, expressed or implied. Any expressed or implied warranty of merchantability or fitness for a particular purpose is excluded from this transaction and shall not apply.

 

3. Warranty Exclusions and Limitations

The warranty herein does not apply, and Multiskill Pty Ltd makes no warranties, express or implied, with respect to:

The waterproofing system installed in any Property which after installation has been repaired or altered by anyone other than has been authorised and approved by Multiskill Pty Ltd, unless, in Multiskill Pty Ltd’s sole and reasonable opinion, such modifications are in no way responsible for the condition complained of.

  1. Damage or malfunction caused by flooding (natural or otherwise) or severe weather conditions including but not limited to cyclone, hurricane, tornado, severe thunderstorm, lightening strike, or any other natural weather events causing the waterproofing system to endure conditions outside the scope of normal use.
  2. The waterproofing system installed in any Property which is determined to have been pierced, torn or otherwise damaged after installation causing failure of the waterproofing system that is not a result of defective materials or workmanship.
  3. The waterproofing system installed in any Property in which any surrounding materials, including but not limited to tiles, tiling systems, bath, bath frame, floor wastes, fittings etc. are removed, damaged or otherwise altered unless, in Multiskill Pty Ltd.’s sole and reasonable opinion, such modifications are in no way responsible for the condition complained of.
  4. The waterproofing system installed in any Property which has been used for any purpose other than that which is considered by Multiskill Pty Ltd to be reasonable use.
  5. Any defects or faults reported to Multiskill Pty Ltd later than sixty (60) days after the Owner becomes aware of any alleged waterproofing defect or failure.
  6. The waterproofing system installed in any Property which has not been built according to the specifications supplied to Multiskill Pty Ltd and/or does not meet State and National building requirements and/or has not been constructed by a licenced and qualified builder.
  7. Any waterproofing system where the cause of the defect or failure is deemed to be the result of anything other than a defect in materials or workmanship, as reasonably determined by an assessment conducted by an approved Multiskill Pty Ltd agent.

 

4. Making a Claim

To make a claim under the terms of this warranty the Builder shall:

  1. Notify Multiskill Pty Ltd of the alleged defect no later than sixty (60) days after the Owner becomes aware of any alleged waterproofing defect or failure, the Owner must cease using the wet area at the time of discovering the alleged defect.
  2. Present in conjunction with the claim a copy of the Multiskill Pty Ltd Water Proofing Installation Certificate.
  3. The Owner must make themselves available within a reasonable time frame and allow Multiskill Pty Ltd or an approved third party the opportunity to inspect/reinspect and assess the alleged defect before commencing any repairs or alterations to the alleged defective area.
  4. Where the defect is determined to be covered under the terms of the warranty, the Owner must make themselves available no later than sixty (60) days from inspection date and allow Multiskill Pty Ltd or an approved third party access to the Property to repair and/or replace the defective waterproofing.

Where a defect or failure is determined not to be covered by the warranty, the Builder will be provided with a quote by Multiskill to perform rectification works and it is at the Builder’s discretion to accept or decline this quote.