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Guarantee Clauses
Subject to the type of Sarnafil guarantee specified, the clauses applicable to the guarantee are as follows:
- Sarnafil Ltd's aggregate liability to the Customer under this Guarantee shall not exceed £500,000.
- The invoice(s) in respect of the Materials has/have been paid in full.
- The Materials have been installed or laid by the Registered Contractor strictly in accordance with the instructions of Sarnafil Ltd.
- The Materials have been used only for those purposes and in a manner for which they are commonly accepted as being suitable within the European roofing industry.
- Any defective Materials are reported in writing to Sarnafil Ltd as soon as the defect is, or should reasonably have been, discovered, e.g. after adverse weather.
- The 20 year Guarantee period will only remain valid (irrespective of when any defect occurs) if roof inspections are carried out at intervals of not more than 5 years, with the first inspection being before the fifth anniversary of the Date of Supply of the Materials. Inspections must be carried out by Sarnafil Ltd at the cost of the Customer. Failure to comply with these inspection obligations shall cause the period of this Guarantee to reduce to 15 years.
- The Materials have been maintained with reasonable care in accordance with Maintenance Requirements.
- This Guarantee is for the sole benefit of the Customer. It may be assigned no more than three times. Each assignment shall be effective on the date on written notice being given to Sarnafil Ltd, provided that such notice states the full name and registered office and/or principal place of business of the assignee.
- The parties do not intend that any of the terms of this Guarantee shall be enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person not a party to it.
- This Guarantee shall be construed in accordance with English law and the parties hereby submit to the exclusive jurisdiction of the English courts.
- For ballasted and green roofs, the Customer is responsible for all investigative works and related costs for any alleged waterproofing failure until it can be demonstrated that there is a fault with the Sarnafil membrane.
Note: Clause 6 is only relevant to 20 year guarantees
© 2006 Sarnafil Ltd. Legal Disclaimer
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