Bosun undertakes to replace, at its own cost, any Bosun products that suffer from defects in material or manufacture within a period of 5 (five) years from the date of delivery thereof to the Customer.
Please note that Bosun will not honour any guarantee whatsoever for any product that has not been paid for in full.
Bosun’s liability under this guarantee is as follows:
- The Replacement of Defective Goods. Bosun will replace defective products at its cost. Bosun will pay the costs associated with the delivery of the replacement products to site, and for the removal of the defective products.
- Other Costs Associated with Remedial Work. Bosun will pay the direct costs associated with the replacement of defective products, in particular, Bosun will pay for bedding sand (if required) and for the cost of labour required to uplift defective products and to install the replacement product. Bosun is entitled to uplift the specific pavers or kerbs that are defective and to replace them (as opposed to uplifting and replacing all of the products).
Bosun’s liability under this guarantee does not extend to:
- Defective Installation. Bosun’s liability under this guarantee is conditional upon the products having been installed in compliance with SANS 1200 MJ, SANS 1200MK or SANS 207.
- Exposure to Conditions beyond Specifications / Industry Norms. Bosun is not liable for any product that fails as a result of the products having been exposed to conditions beyond the specification for the product, or for products that fail because they have been either incorrectly specified, or because they are applied contrary to industry norms for such products. Bosun is not responsible for breakages that occur on site as a result of poor handling.
- Indirect or Consequential Damages. Bosun’s liability is limited to the express provisions of this guarantee. Accordingly (and without limitation) Bosun is not liable for penalties, consequential losses or for any other indirect damages.
- Failure by the Customer to Report Defects to Bosun & to Allow Bosun to Replace the Product. Bosun’s promise is that it will replace and install products that are defective (on the terms and conditions of this guarantee). The Customer must immediately notify Bosun of any alleged defects in order that Bosun can take steps to assess the alleged problem and, where necessary, to take the necessary remedial steps. Bosun’s obligation to replace and install new products will immediately terminate in the event that any such remedial work is undertaken by the Customer, owner or by any third party other than Bosun, or its nominated contractor.
- Efflorescence, Colour Variation & Failure to Maintain. Paving products manufactured utilising concrete may present with efflorescence. Similarly, over time, the colour on any coloured product may fade. Bosun does not warrant that the products will not present with efflorescence or, over time, with a colour variation (from the original product) and accordingly this guarantee does not extend to products that suffer from efflorescence, or that fade over time. Further, Bosun’s liability under this guarantee is conditional upon the product having been properly maintained. Sprawling and damage resulting from a failure to replace and maintain grouting consistency is not covered by this guarantee.
- Bosun conducts business in terms of its Standard Trading Terms and Conditions (copies of which are available on request). This guarantee shall be read in conjunction with the Bosun Standard Trading Terms and Conditions, and, save to the extent that the terms of this guarantee are expressly at variance with the Bosun Standard Trading Terms and Conditions, the Bosun Standard Trading Terms and Conditions shall apply.