In this guarantee, unless the context otherwise requires, the following expressions have the following meanings:

“Contract” means the contract between you and us for the supply of the Product(s), subject to our standard terms and conditions, copies of which are available on request;

“Product(s)” means the DuraPost Urban, Vista, Vento, Prima, and Sleek ranges, as well as additional products as specified in Schedule 1 below, provided such Products are installed within the United Kingdom or Ireland;

“We/Us/Our” means BJA Trading Ltd t/a Birkdale, a company registered in England and Wales under number 05547795, whose registered office address is at Granville House, The Heights Business Park, Ibstone Road, Stokenchurch, High Wycombe, HP14 3BG; and “You/Your” means the original purchaser of the Product(s), being the customer in Contract with us.

The length of the guarantee is dependent on whether the product has been powder-coated and the nature of the local environment.

To register your guarantee with us please click here.

1.         
Guarantee Period

1.1.      
We guarantee that the Product(s) provided by us will be free from defect in respect of fading, rotting, splintering, peeling, corrosion, and manufacturing defects as specified for each Product, for the guarantee period specified in Schedule 2. 

1.2.      
The guarantee period commences with effect from the date of delivery of the Products to you, and is subject to the following conditions. For the guarantee to apply, you must register the Product(s) on our website, within 28 days from the date of their delivery.  The registration process requires the submission of a high-resolution photograph of the installed Product(s) and a copy of the purchase invoice. Failure to comply with this clause will render the guarantee null and void. 

1.3.      
This guarantee exists in addition to, and is subject to, the Contract.

1.4.      
We will only offer this guarantee provided we have received payment under the Contract in full, within the required due date(s) for payment.  

2.         
Defects and Remedies

2.1.      
You must contact us in writing at mail@birkdalesales.com as soon as possible and, in any event, within 3 days of any defect to the Product(s) becoming apparent.  

2.2.      
If, at our discretion, we deem an inspection of the Product(s) is necessary, such inspection will be conducted at your expense. However, should the Product(s) be found to be faulty under the terms of this guarantee, the inspection cost will be reimbursed to you.  You must allow us full and free access for the purpose of such inspection and any necessary rectification works.

2.3.      
Upon our confirmation that a valid guarantee claim has been made, we will have the option to either:

2.3.1.  replace the affected Product with new Product in an amount equal to the volume (linear meters) of defective material;

or

2.3.2. refund the portion of the purchase price paid by you under the Contract for such affected Product (not including the cost of its installation) both of which are subject to the proportional replacement value calculations in Schedule 3.

2.4.      
Any guarantee we provide covers the refund or replacement of defective Product(s) only as set out in clause 2.3. It expressly excludes any other costs including, but not limited to, freight, labour, installation, re installation, incidental expenses or disposal of any Product(s) or other materials.

2.5.      
Replacement Products will be as close in colour, design, and quality to the original Products as reasonably possible, but we cannot guarantee an exact match, as colours, designs and specifications may change and our obligation as to replacement will be limited to replacement with such similar Products as are available at the time of the replacement.

2.6.      
Any repairs carried out by us or replacement Product(s) supplied by us within the guarantee period will also be covered by this guarantee, but only for the portion still remaining of the guarantee period. 

3.         
Guarantee Exclusions

3.1.      
You must ensure the Product(s) is/are installed, maintained, cleaned and protected properly, in accordance with the Contract and our instructions. 

3.2.      
This guarantee does not apply to damage, defects or issues arising in any of the following circumstances (whether caused by you or any third party):

3.2.1.   normal wear and tear, including but not limited to any natural aging process of the Product(s), such as fading (unless it is excessive fading, which is defined as a change in colour greater than fifteen (15) Delta E (CIE) when calculated according to ASTM D2244 for all non-variegated colour surfaces), bowing, stains, mould, mildew, or any other cosmetic changes that do not affect the structural integrity of the Product(s);

3.2.2.  incorrect installation of the Product(s) including, but not limited, installation of the Product(s) in a manner that does not comply with our recommended standards, methods and guidelines, such as allowing correct expansion gaps with Prima, Vento, Vista and Urban fence boards;

3.2.3. incorrect maintenance of the Product(s) including, but not limited, to the failure to treat cut or damaged surfaces or failure to comply with our recommended standards, methods and guidelines, as can be found at https://www.birkdalesales.com/pages/maintenance

3.2.4.  improper storage or handling of the Product(s) including, but not limited,  failure to comply with our guidelines as can be found at https://www.birkdalesales.com/pages/durapoststorage

3.2.5.  if the Products are stored before installation in areas C4 and C5 as set out in Schedule 2;

3.2.6improper or misuse of the Product(s), in a manner not originally intended or advised against by us or the manufacturer, such as burns, stains, high pressure washing, installation damage, adding paint, or any other coating materials to the Product(s), or the  application of excessive load beyond the Product’s design specifications;

3.2.7.  accidental damage including, but not limited to, impacts, cuts, or other physical damage; 

3.2..  vandalism or neglect;

3.2.9. any adjustments, modifications, interference with, alterations, adaptations or repairs to the Product(s) by you or any third party not authorised by us;

3.2.10. defects due to atmospheric conditions at the Site;

3.2.11  if the Product(s) are used for a purpose other than the purpose stated at the time the Contract is formed;

3.2.12  if the Product(s) are used for the purpose of retaining soil (except for the T Post and the HD post ranges);

3.2.13 defects as a result of any cause beyond our reasonable control including, but not limited to, natural disaster, severe weather conditions including wind, flood, drought, earthquake, or any other naturally occurring phenomena (such as a tree falling on the Product(s)), war, terrorism, fire, explosion, structural movement, collapse, subsidence and any other matters which are (or should in the normal course of things) be covered by your buildings insurance policy.

3.3      
The guarantee does not cover any ironmongery or fasteners used in the installation of the Product(s). 

3.4      
Where we attend the Site to investigate any alleged defect, and the defect is found to be incorrect, unjustified, not in relation to the Product(s) provided by us or as a result of any of the exclusions listed in this clause 3, we reserve the right to charge for any reasonable costs incurred by us as a result. 

4.         
General

The guarantee is granted exclusively to you as the original purchaser of the Product(s) and is non-transferable. In the event of a change of ownership, the guarantee will be  deemed terminated, and no claims can be made by subsequent owners or third parties. 

4.2.      
The terms of this guarantee cannot be amended without our prior written consent.

4.3.      
To the extent permitted by law, and except in respect of death or personal injury caused by our negligence, we accept no liability for direct, indirect or consequential loss or damage, beyond making good defects other than those excluded above.

4.4.      
If you are a consumer (as defined in the Consumer Rights Act 2015), nothing in this guarantee seeks to or will affect your statutory rights as a consumer.

4.5.      
This guarantee is valid for the time period stipulated so long as you fulfil your obligations set out in these terms and the Contract. Any breach of your obligations may render this guarantee
null and void.

4.6.    
No failure or delay by us in exercising our rights under this guarantee or the Contract shall be deemed to be a waiver of that right, and no waiver by us of a breach of any provision of this guarantee or the Contract shall be deemed to be a waiver of any subsequent breach of the same or any other provision.

4.7.
Any part of this guarantee found to be unlawful, invalid or otherwise unenforceable shall be severed from the guarantee and the validity and enforceability of the remaining parts shall not be affected.

4.8.      
Except as expressly stated, no party of this guarantee is intended to confer rights on any third parties and accordingly the Contracts (Rights of Third Parties) Act 1999 shall not apply.

4.9.      
This guarantee and the Contract between us will be governed by, and construed in accordance with, the laws of England and Wales and any dispute will fall within the exclusive jurisdiction of the courts of England and Wales.

If the Product(s) are utilised for commercial, industrial, or any non-residential purposes, the guarantee period will be reduced to a maximum of either 7 years or the number of years specified in the table below, whichever is the lower.  This includes any application that is not solely for private residential purposes. 

The value of any replacement Product(s) supplied under this guarantee shall be determined in direct proportion to the remaining term of the guarantee as per the following
table: