Drymix NZ’s manufacturers’ warranty is a no consequential damage warranty for the Product(s) only and does not warrant the workmanship of the Applicator.
Except where the Consumer Guarantees Act 1993 requires otherwise, the liability of Drymix NZ for Product(s) proven to be defective pursuant to the above warranty is limited, at Drymix NZ’s sole discretion, to replace the Products(s) or a refund of the purchase price paid for the Product(s).
Drymix shall not be liable under the above warranty for:
- Damage caused by maltreatment of the Product(s), such as mechanical damage, either during application or at some subsequent time.
- Damage caused by faulty design and/or construction of the premises on which Product(s) are applied.
- Product failure due to faulty application.
- Any consequential, incidental or special damages arising directly or indirectly from the use of the Product(s) (as conditions of use are beyond Drymix NZ’s control).
- Loss, damage, physical injury or loss of income sustained arising from the use of any of the Product(s) (as conditions of use are beyond Drymix NZ’s control).
- Durability of the Product(s) when subjected to abnormal conditions.
- Applicator not following the mixing instruction or water quantities.
- Applicator using the incorrect product.