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Conditions of Sale, Warranty and Disclaimer

It is being specifically drawn to the Buyer’s attention that Elastik is sold strictly to the following conditions:

(i) When correctly stored, handled and applied the reasonable use of the Elastik is for waterproofing; 

(ii) All information and recommendations relating to the application of Elastik are given in good faith, and of a general nature only, when any Waterproofing Warehouse products are properly stored, handled and applied, and neither implies warranty nor any liability whatsoever arising out of it, or any information, recommendations or other advice offered whether here, on the Waterproofing Warehouse website or elsewhere;

(iii) Waterproofing Warehouse has relied on third parties for some of the information and recommendations, and while every attempt is made to ensure that the information and recommendations are accurate and up-to-date, Waterproofing Warehouse will not be liable for inaccuracies. Waterproofing Warehouse reserves the right to alter the information and recommendations. Any updated information and recommendations will be provided to the Buyer on request;

(iv) Except as expressly provided below, neither warranty with regards to Elastik nor liability of any nature is implied (and is hereby expressly excluded) since several factors which are beyond the control of Waterproofing Warehouse, including (but not limited to storage, handling, site conditions, materials, surface, sub-surface conditions, weather, other products used with Waterproofing Warehouse, competence and skill of application, etc.) - determine whether or not Elastik is of acceptable quality and fit for a particular purpose/project. Accordingly, the Buyer assumes all risks whether direct or indirect;

(v) Should the Buyer be keen to obtain some sort of warranty or liability, it should engage the services of one of Waterproofing Warehouse’s authorised agents to visit the site, analyse what is required, proceed to selecting Waterproofing Warehouse products only and applying them where needed. Any such warranty or other liability so provided will be from the authorised agent to the Buyer but not from Waterproofing Warehouse;

(vi) Waterproofing Warehouse warrants that the Elastik conforms to the manufacturing specifications and will be free from manufacturing defects for a period of 12 months from the date of manufacture. Should the Buyer prove a defect in the Elastik which has not been caused by inappropriate storage or handling, Waterproofing Warehouse’s liability is limited to either the replacement of the faulty product or reimbursement of the cost of the faulty product. Under no circumstance will Waterproofing Warehouse be liable for any loss, consequential or otherwise, from the use of the Elastik.

(vii) The warranty stated above is in lieu of all other warranties, conditions or other terms, express or implied, statutory or otherwise, including without limitation any implied warranties of terms as to quality, fitness for particular purpose, merchantability or otherwise, whether implied by custom or law; and 

(viii) In no event shall Waterproofing Warehouse be liable to the Buyer for any indirect, incidental, consequential, special or punitive damages of any kind or nature arising out of or relating to its purchase of Elastik or connected with or resulting from the manufacture, sale, delivery, resale, replacement, or use of any products or the furnishing of any service thereof, whether such liability is based in contract, tort, negligence, strict liability or otherwise, even if Waterproofing Warehouse had been warned of the possibility of any such damages.