Warranty
condition of the ground, the type of soil on which the Post has installed upon; and the Damaged Posts on which the Postsaver
Sleeve has been applied upon.
3.2 The Customer shall ensure that the Damaged Post(s) in question is available for inspection and in this regard, We reserve the right
to require the Customer to deliver the Damaged Post(s) in question (without cost to Us) to Us for Our inspection.
3.3 The Customer shall procure such rights for us from the End User in order for Us to inspect the site and premises where the
Damaged Post in question was installed and failure to do so will invalidate the Guarantee.
3.4 We reserve the right to remove samples of wood, soil or other material for testing as may be appropriate.
3.5 We will give the Customer notification as to whether the Customer’s claim is accepted within a reasonable period and in most
cases within 90 days from the date we receive the Customer’s claim. Please note that in some circumstances we may have to carry
out further investigations which may delay our final response.
3.6 If the Customer’s claim is successful, We will at Our discretion pay to the Customer the Replacement Cost by making a direct
payment to the Customer’s bank account; by supplying a replacement Post(s) of the same or equivalent quality with Postsaver
Sleeves duly installed upon; by crediting the Customer against future supply of Postsaver Sleeves; or by supplying free issue
sleeves of equivalent value to that of the Replacement Cost as appropriate to the customers needs. For the avoidance of doubt,
we will not be liable for any other cost other than the Replacement Cost e.g. costs of removal of the Posts and the installation of
any replacements.
4. EXCLUSIONS
4.1 The Guarantee shall be void if:
4.1.1 The Postsaver Sleeve has been damaged or punctured in anyway tampered with or in any way altered, adapted and/or
modified other than by Us;
4.1.2 The Postsaver Sleeve has been applied to any posts which has not been preservative treated to the requirements as outlined
in 1.8 above;
4.1.3 The Postsaver Sleeve has not been installed or applied onto Post pursuant to Our installation instructions;
4.1.4 The Postsaver Sleeve has been subject to misuse, negligence acts or abuse; and/or
4.1.5 The Postsaver Sleeve has been stored, handled, maintained or used in a manner contrary to our instructions or not
originally intended.
4.2 The Guarantee does not cover any forms of mechanical damage e.g. a wind damage, application of excessive load or tree falling on
the Post.
4.3 The Guarantee will be void if:
4.3.1 The section of the Damaged Post above the top of the Postsaver Sleeve has been persistently immersed in water, or has had
ground contact or come into permanent ground contact or has been enclosed in anyway;
4.3.2 The Damage has originated from any part of the Post that is not directly protected by the Postsaver Sleeve;
4.3.3 The Postsaver Sleeve has been exposed to materials, chemicals, gasses or petroleum products which may cause premature
degradation of the boot/sleeve or bituminous liner (which was not caused by Us);
4.3.4 The Damage has originated from checks cracks splits or holes in the post; and/or
4.3.5 The Posts have been used for a purpose for which they were not designed.
5. LIABILITY
5.1 Nothing in these Conditions exclude or limit our liability for death or personal injury caused by Our negligence or for fraudulent
misrepresentation.
5.2 Except for clause 5.1, We shall not be liable to the Customer for any loss of income, loss of business profits or contracts,
intellectual property infringement in respect of the Postsaver Sleeve, loss of anticipated savings, loss of opportunity, goodwill or
reputation and any indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including
negligence), breach of contract or otherwise.
5.3 Subject to clauses 5.1 and 5.2, Ourtotal liability in contract, tort (including negligence or breach of statutory duty),
misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of these
Conditions shall be limited to:
5.3.1 in respect of matters for which We do not carry insurance, the Replacement Cost; and
5.3.2 in respect of matters for which We carry insurance, the insured value.
5.4 The exclusions and limitations of liability set out in this clause 5 shall be considered severally. The invalidity or unenforceability of
any one of these sub-clauses shall not affect the validity or enforceability of any other part of this clause 5.