Warranties
Limited product & accessory warranty
KlipTank Product Warranty (Tank Structure Only) – 15 Years
The KlipTank shall be free, from any defects in material or workmanship for a period of up to fifteen (15) years prorated for the structure of the tank from the date of supply, subject to any qualifications, exclusions, conditions and limitations set out in these Terms or in any Sales Agreement or in any Limited Product and Accessory Warranty provided by KlipTank to the Customer. The tank liner carries a warranty as per the supplier of the manufacturer of the liner. This warranty can carry a 10 – 15 years on material and a 1 -2 years on workmanship term depending on the liner supplier.
** Tank Liner Warranty is detailed on a separate document from the Supplier which will be provided in the Owners pack
Floating Covers and all other accessories supplied by KlipTank carry a one (1) year warranty.
* Floating Cover Pump Warranty provided by the pump supplier
KlipTank’s standard warranty on the composite tank is up to 15 years on condition that the customer registers for a two-yearly service and inspection plan. Should the customer choose not to register for Bi-annual service and inspection plan, KlipTank reserves the right to reduce the standard warranty term to 5 years.
***Refer to Extended Warranty & Service Agreement doc.
Floating covers are warranted against material defects for a period of 1 year. Failure to adhere to the recommended operating instructions will void the warranty.
Provider details: The warranty against defects (Warranty) contained in this clause is provided by: KlipTank Limited, 19 Poturi Street, Tauriko, Tauranga, New Zealand.
We warrant that the Goods are supplied free from defects in material and workmanship as normally regarded as commercially acceptable.
KlipTank Limited warrants to the original purchaser whose name appears on the original invoice (Owner) that the purchased KlipTank manufactured Tank or Accessory (Product) will be free from defects in both materials and workmanship (Defect) under normal use and service for the period specified above from the date of completed installation (Completion Date). The Owner shall be responsible for determining the position of the tank on suitable ground, carrying out all site preparation work and ensuring that the foundations are prepared to design and geotechnical specifications stipulated by KlipTank.
KlipTank’s sole obligation under this express warranty shall be, at KlipTank’s option and expense, to repair the defective Product or part, or to deliver to the Owner an equivalent Product or part to replace the defective item.
The Owner must give written notice to KlipTank as soon as practicable after the Owner becomes aware of the Defect. KlipTank reserves the right to inspect the defective Product in situ prior to any tampering or remedial work being undertaken. The Owner grants KlipTank permission to access the Product in situ for the purposes of such inspection. Failure to give notice or access in accordance with this clause will void this Warranty.
Replacement part warranty: A replacement part supplied by us during the warranty period shall be covered by the warranty for the unexpired portion of the warranty period which covered the original Goods.
In addition to rights: The benefits to you given by this Warranty are in addition to your other rights and remedies under the NZCL or the relevant laws.
In the event of a warranty claiming full replacement of the goods; the warranty is prorated over the 15 year warranty.
Exclusions
KlipTank shall not be liable under this limited Warranty if its inspection and testing disclose that the alleged Defect does not exist or results from:
Loss or damage caused by factors beyond our control, which include, but are not limited to:
- Failure to strictly follow KlipTank’s installation, operation or maintenance instructions including maintaining minimum and maximum liquid levels or the terms of this warranty;
- Unauthorized Product modification or alteration;
- Damage or defects caused to the Goods due to unusual, non-recommended or negligent use of the Goods.
- Use of undesignated or agreed equipment e.g., non specified KlipTank accessories such as a stirrer
- KlipTank shall not be liable for damages resulting from delays in shipment of inability to ship due to normal production and shipment delays to those resulting from acts of God, fires, floods, cyclones or extreme weather, wars, sabotage, accidents, labour disputes or shortages, plant shutdown, equipment failure, voluntary or involuntary compliance with any law, order, rule or regulation or governmental agency or authority, or inability to obtain material (including power & fuel), equipment or transportation or arising from any other contingency, circumstance or event beyond the control of KlipTank.
- Any Goods that have not been installed or maintained according to maintenance or care instructions.
- Any alterations or repairs to the Goods not performed by a qualified KlipTank installer or service technician, or with our prior written consent;
- Abuse, misuse, negligent acts or omissions of the Owner and/or any persons under the Owner’s control or from uses beyond the design capability of the Product;
- Acts of animals, impact by foreign objects, storm, fire, flood, over filling, vandalism, acts of God, earthquake or snow, high winds (in excess of specifications), subsidence or the undermining or erosion of the foundations of the Product installation;
- Unreasonable lapse of time between the Defect occurring and notice of that Defect being given, or damage that would not have occurred had notice of the Defect been given in a timely fashion and had KlipTank been given the opportunity to repair the Defect or replace the defective Product; or
- The Product being moved from its original location by anyone other than a KlipTank representative or approved installer.
KlipTank may, from time to time, after the Completion Date carry out Product inspections at its own cost to ensure the integrity of the Product and the Owner must give access to the Product in situ to enable such inspections to be carried out. Failure to give reasonable access when requested shall void this Warranty.
KlipTank, in its sole discretion, shall determine whether or not any Product is defective or otherwise covered or not covered by this Warranty.
Notwithstanding the above, no legal action for breach of this Warranty may be commenced more than six (6) months from the date of the Defect occurring or the date when the Owner should reasonably have become aware of the Defect, whichever is earlier.
This Warranty only applies to the Product purchased from and installed by KlipTank and does not apply to any accessories, tank fittings, piping, pumping equipment or other attachments used in connection with the Product not supplied or installed by KlipTank.
The principal shall insure works at all time. However, should you require KlipTank to cover the risk of installation or damage during installation; KlipTank require a request in writing to arrange insurance. The rate shall be charged at a rate of 0.28% of the contract value. The principal shall be liable for any excess should a claim be lodged. Should the principal elect not to take up Contract Works Insurance, the principal shall supply certificate of insurance noting KlipTank as additional insured or interested party.
Limitation of Liability
The foregoing warranty and the remedies are exclusive and are in lieu of all other warranties terms or conditions, express or implied, either in fact or by operation of law, statutory or otherwise, including warranties terms or conditions of merchantable quality, fitness for a particular purpose, correspondence with description specification and non-infringement, all of which to the fullest extent permitted by law are expressly disclaimed. Where the product is supplied to the owner for a business purpose, then the statutory guarantees and implied terms, covenants and conditions contained in the Consumer Guarantees Act 1993 are hereby excluded and do not apply. To the extent inconsistent with this warranty, the provisions of the Sale of Goods Act 1908 are hereby excluded and do not apply
To the fullest extent permitted by law, KlipTank shall not be liable for the loss of use, loss of time. Inconvenience, loss of revenue or any other indirect, consequential, special or incidental damages whether base upon breach of the above warranty, breach of contract, negligence, tort or any other legal claim. Without limiting the forgoing, KlipTank shall not be liable for any breach of local authority regulation, statutory requirement or any fine imposed on the owner as a result of the failure or any defect in the product.
Limitation: Our obligations under this Warranty are limited to repairing or furnishing a replacement part of the tank only which has proven to have been defective. This excludes third party fittings/pumps that are connected to our product.
However, should KlipTank be liable for any physical loss or damage. KlipTank is limited to the contract price as stated in the schedule.
Transport charges: You will be liable for all transport charges incurred in returning defective components or parts for repair or replacement together with the cost of returning them to you. An invoice for such transport charges will be provided upon returning the relevant Good(s) to you which will be payable in accordance with these Terms + Conditions.
Claim Notification
Making a claim: You may make a claim under this Warranty by providing us notice in writing to our address specified below containing reasonable description of the defect in the Good(s).
All circumstances that could give rise to a claim must be notified to KlipTank in writing within 30 days of the event and full claim must be provided to KlipTank in writing within 12 months.
Repair and replacement: We will during the Warranty period and subject to clause 10, repair or replace at our option, any component or part of the Goods which our examination shows to be defective.
For further Warranty information, please call or write to:
The Manager
KlipTank Limited
P O Box 9403
Tauranga 3142
New Zealand
Phone: +64 7 5795200