This Limited Warranty is made and given by DDecks Limited (“DDecks”) warrants the DDecks composite products for a decreasing period of 10 years from the date of the original purchase valid for wood plastic composite decking.
The limited warranty sets forth the sole and exclusive warranty being provided by DDecks to any customer or user of its wood plastic composite decking. Please read this warranty carefully before purchasing, using or installing your DDecks product. PARTICULAR, PLEASE NOTE THAT YOU MUST COMPLY WITH CERTAIN INSTRUCTIONS RELATING TO ITS INSTALLATION AND MAINTENANCE TO BE ABLE TO CLAIM UNDER THIS PRODUCT WARRANTY. The limited warranty provided by DDecks constitutes a basis of the bargain and purchase of the DDecks product. The limited warranty sets forth the entire warranty and responsibility of DDecks. The purchase and/or use of any DDecks product constitutes acceptance by the purchaser and/or user of the agreement of these terms.
This limited warranty sets forth the binding arbitration clause and class action waiver. The clause and waiver will impact how the purchaser and/or user must proceed in resolving any warranty dispute with DDecks.
Registering your Product – IMPORTANT
You must register your Product with us within 45 days of buying it, otherwise you will not be able to claim through this limited Warranty in the future. You can register your Product through our website www.ddecks.co.uk/register-warranty by completing and submitting the product warranty registration form, answering some questions, and uploading some photos of your installed Product. If you do not do this within 45 days of buying your Product, you will not have the benefit of this Limited Warranty in the future.
DDecks warrants to the original purchaser of the DDecks composite products, for the specified warranty period such product shall, (a) under normal and proper service conditions, (b) when installed in accordance with DDecks written instructions and (c) the consumer/contractor acknowledges that DDecks composite decking products are not structural lumber and therefore may not be used as such, and when used and maintained in an aboveground application, remain free from material manufacturing defects and will not crack, splint, delaminate, rot or suffer structural damage from fungal decay. For purposes of the limited warranty, the “original purchaser” means the individual or individuals who were the owners of the real property upon which DDecks product was installed. Please note that the Product will vary slightly in colour; this Product Warranty does not cover these variations in colour, colour fade or discolouration. The Product is expected to weather naturally over a full seasonal cycle before the colour pigments stabilise.
The term of the limited warranty (Warranty Period) for the DDecks composite decking shall be ten (10) years for a residential and ten (10) years for a commerical application from the date of original purchase provided that such purchaser maintains ownership of the real property which the DDecks product was installed.
For the purposes of this Limited Warranty, the “Product” does not include the screws, clips and other accessories which are ancillary to the wood plastic composite product (“Accessories”). Accordingly, this Limite Warranty does not include or extend to the Accessories.
DDecks written instructions are available from your DDecks distributor or your contractor or from the DDecks official website: www.ddecks.co.uk
In the event of a failure of the above described DDecks products within the applicable warranty period as warranted above, when properly installed, used and maintained in the manner required by above section, DDecks will replace the nonconforming item in the manner set out below.
The limited warranty set forth herein is the only warranty (whether written or oral, express or implied) makes for the above described DDecks wood plastic composite decking. The limited warranty is subject to all terms and conditions stated herein and no one (including but not limited to a DDecks distributor, installer, employee or reseller) is authorised to modify, expand or add to this limited warranty. DDecks makes no other representation, guarantee or warranty regarding any DDecks product. No one is authorised to make any representation, guarantee or warranty on DDecks behalf and DDecks shall not be bound by or liable for any representation, guarantee, warranty, or condition with regard to any DDecks product other than as expressly stated in this limited warranty.
This limited warranty comprises DDecks sole and entire warranty and obligation in connection with DDecks wood composite decking. DDecks disclaims and excludes all other warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, quality, condition, suitability or performance.
All implied warranties, including merchantability and fitness for a particular purpose, not effectively disclaimed are limited to the applicable statute of limitation, but in no event will extend beyond the applicable warranty period.
DDecks excludes and will not pay for any incidental and/or consequential damages. Under no circumstances shall DDecks be liable for any damages (of any nature or description whatsoever) which exceed the actual purchase price of the defective product as adjusted on the basis of the prorated warranty schedule provided herein.
If a fault occurs with the composite product within the warranty period, then the purchaser shall notify by submitting to the company/retailer the product was purchased from in writing and include a minimum of two photos showing the extent of the problem within 30 days of the date that you discover the fault with the Product, and in any event no later than the end of the Warranty Period detailed above. DDecks will investigate the fault and if necessary, appoint a representative to inspect the deck (any expenses incurred by DDecks will be charged to the buyer and will be fully refundable if DDecks product is found to be at fault). DDecks reserves the right to request additional information in connection with the warranty claim as outlined below. DDecks sole responsibility shall be if the product is found to have a fault, at its option, to either replace the whole or part of the product, not a refund of the purchase made by the buyer for such defective item, as set out below (not including the cost of its initial installation or delivery). This warranty shall not cover and DDecks shall not be responsible for costs and expenses incurred with respect to the removal of defective DDecks products or the installation of replacement products and materials, including but not limited to labour, haulage, freight and delivery. The foregoing remedies are the SOLE AND EXCLUSIVE REMEDY FOR BREACH OF ANY WARRANTY.
If there is any dispute over a claim, the decision of DDecks is final and binding.If you have a claim under this Warranty your report must be submitted to the company/retailer the product was purchased in writing and include a minimum of two photos showing the extent of the problem within 30 days of the date that you discover the fault with the Product, and in any event no later than the end of the Warranty Period detailed above.
You the original purchaser will be required to complete a form and your claim must include the following:
• original proof of purchase of the Product
• detailed statement explaining the defect or fault
• date of installation
• address of installation
• company name and address of installers of the Product
• Photographic and supporting evidence of the defective or nonconforming
• photographs of the installation
• photographs of the failed Product in situ
Upon discovering a possible defect of any DDecks product, the purchaser shall, at Purchaser’s sole expense, make temporary repairs or cordon off the area in order to fully protect all property and person that could be affected. Purchaser is not authorised to make permanent repairs or remove any of the DDecks product prior to DDecks having confirmed its claim investigation and should the purchaser violate these requirements, such violations shall serve to invalidate and terminate the limited warranty provided by DDecks unless directed and authorised by DDecks in writing to do so. Any removal or disposal of defective DDecks products shall be at the Purchase’s sole cost and expense.In no circumstances shall our liability under this limited warranty exceed the replacement value of the defective part of the product.
As mentioned above DDecks reserves the right to request additional information in connection with the warranty claim from you and/or ask to visit your home to view the Product and assess it further. After reviewing all information, we will tell you whether the fault falls within the scope of this Limited Warranty. If it does, we will make arrangements with you to provide the relevant whole or part replacement.
General Conditions, Exclusions and Limitations
DDecks does not warrant against and is not responsible for any condition attributable (but not limited) to any one or more of the following in whole or in part:
1. You do not register your DDecks Product with us within 45 days of buying the product, as explained above.
2. Failure to comply with the instructions and/or guidelines which are supplied with the product or are available on our website (www.ddecks.co.uk) or any other instructions or guidance provided to you by us, the manufacturer, a reseller or the outlet from which you purchased the Product. This includes, but is not limited to, there being improper spacing between joists and/or insufficient gaps between boards and not providing a sufficient gradient for water runoff and drainage.
3. Incorrect installation of DDecks products
4. Use of DDecks products beyond normal use and/or service conditions, modified or in an application not recommended by DDecks guidelines
5.Use of the Product which is not recommended by us or UK building codes and practices.
6. If the Product has been modified or otherwise treated in a manner not intended by us.
7. Faults due to improper handling, storage,or abused or neglect of the product. The product has been improperly handled or stored, or abused or neglected. DDecks decking must be stored on a flat solid surface. DDecks decking should not be stored on rack or rail systems without its original pallet.
8. Movement, distortion or collapse of the ground supporting the structure upon which product is installed, including but limited to the land being is susceptible to distortion or land subsidence.
9. Defects in or Failure arising from decking structure resulting from water caused by improper installation, workmanship, maintenance or repair.
10. The surface of the DDecks product being damaged or punctured
11. The product has suffered decay caused by other metal fasteners.
12. The product has been damaged by animals including but not limited to pets, wildlife and vermin.
13. Mould or Mildew growth (unless from structural failure) that has been allowed to grow on the product.
14. Variations or changes in colour of the product.
15. Discolouration, fading, spotting or staining from or caused, in whole or in part by mould, mildew, other fungal growth, organic materials, metallic oxides, dirt other atmospheric or environmental pollutants, foreign substances such as grease, fat, oil, chemicals or normal weathering, including but not limited to that caused by (defined as natural efflorescence), exposure to sunlight, weather and atmospheric conditions which causes any coloured surface to gradually fade, flake, chalk or accumulate dirt or stains.
16. Ordinary wear and tear of the product including but not limited to scratching and gouging.
17. The Product has suffered damage caused by an Act of God (such as flooding, hurricanes or earthquakes) or war or environmental condition.
18. Damage resulting from casualty, fire or exposure to heat sources such as cooking devices or retro-reflective surfaces.
19. Climate changes, environmental conditions or any cause beyond the control of DDecks
| Time After Original Purchase | Percentage Recovery |
|---|---|
| 1-2 Years | 100% |
| 2-4 Years | 75% |
| 4-6 Years | 50% |
| 6-8 Years | 25% |
| 8-10 Years | 15% |
| >10 Years | 0% |
If a valid warranty claim is made during the valid period after the original purchase date, then the buyer’s recovery will be prorated as indicated herein. If DDecks is providing replacement materials this shall only be an amount equal to the volume of defective material, it may elect to replace the percentage listed below of DDecks products: In DDecks sole and absolute discretion, DDecks may at its option, elect to refund the percentage of the original purchase price as listed below in the prorated schedule in lieu of replacing the defective product. DDecks replacement obligation allows DDecks to provide products as close in colour, design quality to the original installation as reasonably possible, in DDecks discretion and determination. Purchaser acknowledges that DDecks does not guarantee an exact match as colours and designs may change.
If any of these provisions are determined to be invalid, illegal or unenforceable, the validity, legality and enforceability of these terms shall be unaffected.
This warranty is not transferrable or assignable and is provided only to the original buyer of the product in question.
Purchaser and/or Purchaser’s contractor or representative is solely responsible for determining the suitability of any DDecks products for Purchaser’s property and the installation and use of any DDecks products. Purchaser and/or Purchaser’s contractor or representative acknowledges that DDecks does not provide architectural or engineering services. DDecks makes no express or implied warranty or representation at to the suitability of the DDecks products for, or actual performance, capabilities or operation of the DDecks products at Purchasers property or under the conditions of purchasers use.
Under No circumstances will DDecks be liable for special, incidental or consequential damages (including, but not limited to, lost profits, lost sales, use of money, stoppage of work, personal injury), whether such damages are sought in contract, in tort (including but not limited to negligence and strict liability) or otherwise, and DDecks liability with respect to defective products shall in no event exceed the replacement of such products or refund of the purchase price, as described above.
All warranties provided by DDecks, whether express or implied, and including the limited warranty are void if any one or more of the following applies or occurs:
1. The DDecks product is not installed, maintained and or used strictly
in accordance with DDecks written instructions.
2. You do not register your Product with us within 45 days of purchase.
3. The intentional or unintentional misuses of the DDecks product,
whether foreseeable or unforeseeable.
4. The failure of Purchaser to properly and/or timely maintain or repair
the DDecks product.
5. The willful neglect the DDecks product.
6. The failure by Purchaser to provide timely notice to DDecks of any
failure or defect of the DDecks product
7. The Product has been installed outside of the UK.
Governing law and jurisdiction
This warranty is governed by and interpreted in accordance with the laws of England and Wales. The relevant courts of the United Kingdom will have exclusive jurisdiction in relation to this Limited Warranty.
Your legal rights
You have legal rights in relation to the Product (such as under the Consumer Rights Act 2015) which are also known as ‘statutory rights’, and these are not affected by this Warranty.