Vseal Engineering Sdn. Bhd. (“Vseal”), warrants o the owner of the building described above (“Owner”), that subject to the terms, conditions, and limitations stated herein, Vseal will repair leaks originating from the waterproofing membrane installed according to the manufacturing requirement for a agreed period commencing with the date of final inspection, of the installation of the waterproofing.
Terms , Conditions and Limitations of Warranty:
- VSEAL shall not be responsible for any incidental or consequential damages due to the breach of its warranties.
- During the warranty period, if there is leakage Vseal shall be provided the access to the building for the inspection during the business hours
- The warranty shall ONLY cover the material and the labor to repair the leakage.
- Vseal shall have no obligation under this warranty until all invoices for materials, installation and services have been paid in full.
- Vseal’s failure at any time to enforce any of the terms and conditions state herein shall not be construed to be a waiver of such provision.
- Should the waterproofing membrane be concealed, the cost of exposure of the waterproofing membrane for purposes of Vseal investigation and / or repair , such as removal and replacement of any concrete, paving, backfill or overburden, shall be the Owner’s responsibility.
- The waterproofing membrane will be laid according to existing floor level. It is the management / owner responsibility to ensure there is no water ponding and causing the membrane soaked in the water over the time. As such, VSEAL will not be reliable for the damage of the membrane.
- This warranty does not apply and may be null and void if any of the following occur:
- The waterproofing membrane or accessory is damaged by natural disaster including, but not limited to, earthquake, lighting, hail, windstorm, hurricane, tornado or flood. or ;
- The waterproofing membrane or accessory is damaged by any act of negligence, accident, or misuse including, but not limited to, vandalism, falling objects, civil disobedience or act of war, or ;
- Metal work or other accessories or equipment is used in the waterproofing and causes leaks, or;
- There are any alterations or repairs made on or through the completed waterproofing membrane, or object such as but not limited to fixtures, equipment, or structures are placed on or attached to the completed structure without first obtaining written authorization from Vseal, or;
- Settlement, cracking, warping, expansion, contraction, deflection, or other movement of the deck, walls, cement screed, foundations or any other part of the structure.
- Failure by the Owner or his lessee to use reasonable care in maintaining the waterproofing membrane.
- The waterproofing membrane is damaged by contaminates and / or spills, or ;
- The owner fails to comply with every term and condition stated herein.
THIS WARRANTY IS GIVEN IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF. THE REMEDIES STATED HEREIN ARE EXCLUSIVE REMEDIES AND VSEAL SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES INCLUDING THE PRESENCE OF MOLDS, FUNGI, BACTERIA, SPORES, MYCOTOXINS OR THE LIKE OR FURTHER LOSS OF ANY KIND WHATSOEVER. INCLUDING BUT NOT LIMITED TO, DAMAGE TO THE STRUCTURE ON WHICH THE COMPONENTS OF THE WATERPROOFING MEMBRANE ARE SITUATED, DAMAGE TO THE CONTENT THEREOF, LOSS OF THE USE OF THE STRUCTURE OR ANY COMPONENT PART THEREOF, OR DAMAGE TO ANY OTHER PROPERTY OR PERSONS.
