Ampack warranties

a) Ampack provides a warranty to skilled manual workers for defects to products sold by Ampack in accordance with the following conditions.

b) A skilled manual worker is deemed to be someone who uses Ampack products in the construction, renovation or repair of buildings, streets, pipelines or other immovable structures as part of their professional work, and who has the expertise for working with such products.

c) Exceptions to a) or b) must be confirmed in writing.

a) The warranty period ends five years after the acceptance of the work or part of the work in which the skilled manual worker installed Ampack products, but at the latest ten years from the delivery of the relevant products by Ampack. Defects can be notified at any time during the warranty period. When taking out a premium warranty, the provisions under item 5 shall apply in partial amendment of this provision.

b) There will be no new warranty period for replaced or repaired parts. The limitation of the warranty for such parts is the same as for the original delivery.

c) The warranty expires immediately if modifications or repairs are made to the delivered products that have not been authorised by Ampack, or if a defect has arisen and the measures required to mitigate the damage have not been taken immediately.

a) Defects include both material defects and the absence of warranted properties. The warranted properties are the properties expressly designated as such in the written specifications of Ampack.

b) The warranty requires the skilled manual worker to work with and install the products professionally in accordance with current application guidelines and standards and best practice at the time of installation.

c) Ampack commits to repairing or replacing any products that are proved to be defective at its own discretion and as soon as possible. The right to cancel the purchase or reduce the price is excluded.

d) In addition, Ampack shall assume the costs for removing, dismantling or uncovering the defective products (removal costs) and the costs of subsequently installing, fitting or moving goods that are free of defects, including the costs for repairs to floors, ceilings, walls, etc. (installation costs).

e) If Ampack cannot agree on the defectiveness of the product or the costs of removal and installation with the skilled manual worker, both Ampack and the skilled manual worker have the right to seek expert advice to determine the matters in dispute. For this purpose, each party shall appoint an expert and these two choose an arbitrator before the start of their investigations. If the experts agree on the reasonable removal and installation costs, their findings are binding on both Ampack and the skilled manual worker. Should they differ from each other, the arbitrator will make a binding decision within the limits determined by both experts. Should the experts differ on the defectiveness of the product, this question can be settled by way of evidence-taking court proceedings, if necessary. Each party bears the costs of their expert, and pays half the cost of the arbitrator. In asserting a claim in accordance with these warranty conditions, the skilled manual worker agrees to be bound by this process for determining damage and costs.

a) The warranty does not cover damage that cannot be proven to be caused by poor materials supplied by Ampack, but is rather due to, for example, errors in construction, wear and tear, improper maintenance, failure to observe instructions for use, unprofessional storage or working, excessive loading, unsuitable equipment, faults in or damage to other components in the construction, intervention by third parties or other reasons for which Ampack is not responsible.

b) In particular, no liability exists when auxiliary material is used that is not part of the system (adhesive tapes, nail seals, etc.) and does not originate from Ampack, or product combinations that do not meet the application guidelines and standards issued by Ampack (e.g. the list of applications of adhesives).

c) No warranty is offered to the skilled manual worker who is not a direct contracting partner of Ampack when claims are made against Ampack by the contracting partner (distributor) itself or by third parties as a result of non-contractual liability for the same defective products.

d) The property-related warranty granted by Ampack to skilled manual workers who are not direct contracting partners of Ampack apply in addition to and not instead of the skilled manual worker’s warranty claims against their direct contracting partner. The skilled manual worker is responsible for asserting their claims against their direct contracting partner (notification of defects, interruption of warranty period).

e) The warranty conditions above are only valid for products listed in Ampack’s official price list and sold by Ampack after 1 January 2011.

f) The skilled manual worker’s warranty and liability claims are conclusively regulated by these conditions. Subject to imperative provisions of the law, the skilled manual worker does not under any circumstances have any contractual or non-contractual claims to indemnity for damage such as loss of production, loss of use, loss of orders, loss of profits or other direct or consequential damage.

a) For specific properties, the 10-year skilled manual worker warranty can be extended to 20 years for certain products.

In partial amendment of 1a), 2a) and 4f), the following provisions apply.

b) The skilled manual worker remains the contracting partner. In exceptional cases, another party (property developer, architect) can be defined as the contracting partner.

c) Extending the warranty is subject to the following:

• The selected products are used correctly (see 5f)
• The applicable standards, construction best practices and Ampack application guidelines are adhered to
• The products are used by the fabricator within two years of purchase and any expiry dates are observed
• The roof and façade are regularly maintained in a professional manner
• The property registration form is completed in full and signed by Ampack and the skilled manual worker.

d) Extended scope of warranty for defects

• For ten years after acceptance of work once the property has been completed, Ampack will assume the expenses for removing, dismantling or uncovering the defective products (removal costs) and the costs of subsequently installing, fitting or moving goods that are free of defects, including the costs for repairs to floors, ceilings, walls, etc. (installation costs).
• The subsequent costs will be reimbursed during this ten-year period to the extent required by law
• Ampack will replace the defective material for a period of 20 years after installation.

e) The warranty will only become legally valid upon being signed by both parties.

• The warrantee will receive a copy of the property registration for their records.
• Ampack reserves the right to refuse the warranty extension to 20 years without explanation.

f) List of products for which the 20-year warranty is offered:

• Ampatop roof membranes with monolithic technology: Ampatop Protecta, Ampatop Secura, Ampatop Seal / Seal GHS
• Sisalex vapour seals
• Ampatex vapour checks
• Tyvek roof membranes
• Tyvek façade membranes: Tyvek Solid, Tyvek H1, Tyvek Soft, Tyvek Soft Antireflex