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Accoya Wood Warranty Worldwide Excludin
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/\accsys ACCOYA® WOOD - CERTIFICATEOF WARRANTY (Worldwide excluding United States of Americaand Canada) o704n 1. SCOPE OF WARRANTY 1:1 This Warranty is exclusive to the original purchaser of Accoya® wood from Accsys Technologies, the original owner of any structure on which the Accoya? wood is installed and the next owner of that. structure. tis non-transferable or assignable to any other person. 1.2 Acesys Technologies warrants that at the date of delivery as stated on the invoice, Accoya” wood shall be in accordance with our Grading Specifications (available via our website: www accoya.com) 13 Inaddition, Accsys Technologies warrants that Accoya® wood shall remain free of material damage from the date of delivery of the Accoya” wood as stated on the invoiceand for: (@ 80 years when the Accoya” wood product is used in use classes 1,2 and 3 as defined in EN 335-15 and (0) 25 years when the Accoya” wad product is usedin use class 4 as defined in EN 335-1. DEFINITION OF MATERIAL DAMAGE 21 For the purposes of this Warranty, Accoya” wood shal be materially damaged ifit is shown that in ordinary usage: (@)__ the Accoya” wood product has been materially damaged by fungal decay or rot (for the purposes of this Warranty fungal decay shall be limited to decay caused by all soft-rot fungi and fungal species Poria placenta, Coniophora puteana, Gloeophyllum trabeum, Corriolus versicolor, Serpula Jacrymansand shall not include common surface mold, mildew or any other organism, bacteria or fungi}; or (b) __themaximum swellor shrinkage in one direction is greater than 2.5% during normal use; and (©) inboth (a) and (b) above, such that the Accoya” wood does not perform its intended function. * For the avoidance of doubt, where the end-product doesnot comply withestablshed norms for water drainage or water ‘evaporation or is positionediess than 20cm above ground it shall be deemed use class 4 and the 25 year Warranty shall apply. Swelling and shrinkage.can only be validated by removal and testing thatthe shrinkageor swellis greater than 2.5% from fully ‘water saturated to oven dry according to standard tests (details of which are available from Accsys Technologies) performed by ‘an independent research institute approved in writing by Accsys Technologies agstras adress oe eeeepecam ‘Tean Wood BV Rayjtced a The Netherlands 0913642 Waterearsosie”s, "312600 400 ‘ees an Acne Teenage we ad tras Tian WosdBV. 2 whalpovted een AV Arhor aidan Aen Teco LE ACCSYSE, ACCDYRE, TRICOVA® rite Tea Peat Posts 2, ‘VAT nLap0se0801 Devce arregisara vasenris ned Tean Woodland may ot based (6802.60 khan epoduced without writen person,4l 42 51 52 53 54 55 /\accsys REMEDY Accsys Technologies shall at its sole option either replace, repair or compensate by cash payment any materially damaged Accoya" wood from the date of delivery until the expiry of the periods as set out at paragraph 1.3 above. Any cash compensation shall be limited to the value of the original invoice for the Accoya” wood purchased. EXCLUSIONS OF REMEDY WARRANTIES In no event will Accsys Technologies be liable for any incidental, economic, exemplary, special, punitive or consequential damages, whether direct or indirect, howsoever arising, ‘The statements in this Warranty constitute the only warranties given by Accsys Technologies and all other ‘express or implied warranties, including any implied warranties of merchantability or fitness for a particular purpose (save where arising under applicable product warranty laws that cannot be lawfully disclaimed) are ‘expressly excluded CONDITIONS This Warranty shall be subject to the following terms and conditions: Claims must be made in writing to Accsys Technologies within 30 days after discovery of suspected damage, accompanied by this original Certificate of Warranty, copies of the relevant invoice(s), a statement describing the damage and photographs showing the suspected damage. ‘Accsys Technologies reserves the right to inspect the defect in situation prior to the authorisation by Accsys Technologies, in its sole discretion, of any repair, replacement or financial compensation. From the date a potential claim is detected, the claimant must take all reasonable steps to protect the Accoya? wood from further damage. ‘Accoya” must be stored, installed and/or used in accordance with Accsys Technologies’ written instructions and all certification bodies and building codes adopted by federal, central, state or local governments or government agencies and applicable to the installation Failure to install Accoya’ wood in accordance with ‘Acesys Technologies’ printed instructions will invalidate this Warranty. ‘This Warranty does not cover the costs associated with removal of damaged Accoya® wood or installation of replacement Accoya” wood or any remanufacturing costs. Failure to follow these procedures may invalidate any claim under this Warranty.61 62 63 64 65 /\accsys EXCLUSIONS ‘This Warranty does not cover: ‘any use of the Accoya® wood in the relevant use class that contravenes the requirements set out in EN 335- 1 (NB see also footnote 1) ‘any contact between Accoya® wood and liquids that have a pH higher than 9, ‘any continual contact between Accoya® wood exposed to salt and brackish water (use class 5 according to EN 3354); ‘any Accoya? wood subsequently modified or impregnated, for example by chemical treatments, without the prior written approval of Accsys Technologies; damage or defects resulting from or in any way attributable to: (@) improper storage, handling, installation or use of the Accoya” wood, including but not limited to ‘any damage where Accsys Technologies’ written instructions have not been followed; (0) misuse, neglect, alteration or abuse of theAccoya” wood; (©) __ settlement or structural movement and/or movement of materials to which the Accoya® wood is attached; (@) damage from incorrect design of any structure or where the maximum designed wind loads are exceeded for any structure; (©)__acts of God, such as hurricane, tornado, hail, earthquake, flood or other severe weather or natural phenomena; and (any cause other than manufacturing defects attributable to Accsys Technologies. GEOGRAPHICAL COVERAGE ‘This Warranty applies to Accoya® wood purchased from Accsys Technologies in all countries world-wide, save for the United States of America or Canada CONTACT ‘You may contact Accsys Technologies by writing to The Chief Operating Officer at the address shown on page 1 of this Warranty. GOVERNING LAW AND DISPUTES ‘This Warrantyis governed by the laws of the Netherlands and any disputes relating to this Warranty shall be subject to the exclusive jurisdiction of the courts of the Netherlands or to arbitration at the discretion of Accsys Technologies.
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