Ubiflex Finio Warranty Terms

Who is the warrantor and to what products does this warranty apply?

UBBINK (U.K.) Limited, (hereinafter: “Ubbink”), registered in England and Wales with company number 01168143, whose registered office is at Unit 2, Mansard Close, Westgate Industrial Estate, Northhampton NN5 5DL, United Kingdom, grants the end-customer a warranty for the product: Ubiflex Finio (hereinafter: “ Ubiflex Finio or the Product”) in accordance with the terms and conditions outlined below.

Warranty period

The warranty period for Ubiflex Finio is 25 years. The warranty period starts from the day of purchase and sales invoice date to the installer and expires after 25 years. 

To whom do we give this warranty?

This warranty is only applicable for Ubiflex Finio, if purchased from an authorised Ubbink dealer or reseller in the United Kingdom under the Ubbink brand as new product for domestic use in the United Kingdom. To qualify for this warranty, the end-customer or the installer must register the installation of the Product with Ubbink within 30 days of installation on www.ubbink.com/gb  This warranty is not assignable nor transferrable and solely applicable for the registered property-owner (end-customer) where the Product is installed . The warranty for direct sale from Ubbink is subject to a sales contract.

What is covered under this warranty

Ubbink warrants, subject to the terms, limitations and conditions set forth in this document, the watertightness of Ubiflex Finio. 

In the event of  a failure within the terms of the guarantee, Ubbink will supply a replacement Product free of charge to the project location.

This warranty is in addition to other legal rights you have under the law

This warranty is a voluntary product warranty. The benefits conferred by this warranty are in addition to all rights and remedies provided by consumer law, including but not limited to those relating to non-conforming goods. This warranty does not affect the ability to claim against the seller under the statutory warranty obligations.

What this warranty does not cover

 All warranty claims lapse in case:

• without Ubbink's prior written consent the end-customer has modified, repaired or attempted to repair the supplied Products or has had third parties modify, repair or attempt to repair them;
• of inexpert use and/or use for other purposes than the original, regular purpose as described in the Ubbink Ubiflex Finio manual (online at www.ubbink.com/gb or otherwise provided by Ubbink);
• the installation manual of Ubiflex Finio (online at www.ubbink.com/gb or otherwise provided by Ubbink), applicable building regulations or industry recognised  “good working practice guides ”and accepted methods of good workmanship has/have not strictly been observed;
• of  use of non-approved accessories in combination with the Product that impact the quality of the Product; 
• parts other than original parts supplied by Ubbink have been used in assembly;
• of damage to the Product or impairment of its performances by any other processes, materials or airborne pollutants;
• the defect is caused by an external event or influence, or caused by an act of God;
• the defect is the result of physical damage caused to the Product, prior to, during or after installation, including for instance, during regular maintenance (inspections); if required, or during maintenance on the roof;
• any items of equipment employed for installation, or to be used in any way connected with the Product either directly or indirectly adversely affected the Product or its performance, prior to, during or after installation;
• of algae growth (as such growth should not limit functionality); 
• of any gaps between the product and the tiles; or 
• the warranty was not registered within 30 days after installation.

This warranty does not cover deviations in dimensions, colour or weight.

Ubbink is not liable for any kind of expenses resulting from dismantling the defective Product nor to installation of the new Product. Ubbink is in no event liable for costs of repairs to the supplied products that the end-customer has carried out or has had third parties carry out without Ubbink's prior written consent.

Procedure to make a claim under this warranty

If a defect appears in the product within the period specified above, to make a claim under this warranty end-customer must:

• before the warranty period (see above) expires, at own  cost, within 14 days after the fault has been discovered or should reasonably have been discovered, submit details of the  claim to Ubbink  in writing to our business address detailed above, including:
  • end- customers name, address, phone number [and warranty registration number];
  • what is  considered to be the defect and the circumstances in which the defect appeared and the claim under this warranty; 

and

• provide Ubbink with all other information they  reasonably request about the circumstances in which the  considered  defect was caused.

Ubbink  will then arrange for the product to be inspected, at their  cost, and determine whether it is defective and if, acting reasonably, Ubbink agrees it is defective Ubbink  will replace the Product with new Product. If a warranty claim proves to be unfounded, any inspection costs (including transport costs) may be charged to the end-customer, and the end-customer will be required to take back the defective Products that were subject of the claim.

Liability Limitation of Warranty

These limited warranty terms for the Product as set forth herein are expressly in lieu of and exclude all other express or implied warranties (save for such warranties, if any, as may not, at law, be excluded).

A warranty claim honored by Ubbink does not automatically mean that Ubbink also accepts liability for any damage suffered. The liability of Ubbink never extends beyond what is described in these warranty conditions. Under no circumstances shall Ubbink be liable for  indirect or consequential loss or damage such as loss of profit, loss of production, business interruption or delay, loss of opportunity, damage to goodwill or otherwise.  

Ubbink's liability is in any event limited to the maximum amount for which Ubbink has insured its liability or, if in any particular case the loss or damage is not covered by Ubbink’s insurance, the invoiced amount of the products in question. Nothing in this Agreement shall limit or exclude Ubbink’s liability for (i) death or personal injury caused by its negligence, or the negligence of its employees (ii) fraud or fraudulent misrepresentation or (iii) any matter in respect of which it would be unlawful for Ubbink to exclude or restrict liability.

Other

The terms and conditions set forth in this warranty and the application thereof are governed by and shall be construed in accordance with English law. The United Nations Convention on Contracts for the International Sale of Goods does not apply. 

Ubbink reserves the right to amend this warranty.

Dated, September 12 2023