WARRANTY

50 YEAR VINYL FENCING WARRANTY

What and Who Is Covered and for How Long

PFS Fencing Pty Ltd (here-in after called PFS) warrants to the original homeowner/consumer that its Polvin Vinyl Fence products will be free from manufacturing defects, subject to certain limitations and conditions as described further herein, in materials and workmanship that result in blistering, warping, corroding, rotting, flaking, peeling, or abnormal discoloration of surfaces, for a period of 50 years from date of original purchase. For any product of a colour that is not white, this warranty is limited to 20 years from date of first purchase. This warranty only applies to vinyl products supplied by PFS, and does not extend to any accessories supplied by PFS made from other materials, including but not limited to, metal or aluminium.

PFS shall not be liable for any consequential damages of any kind, including but not limited to, labour costs for installing or removing product, loss of time, inconvenience, incidental or special damages of any kind, whether or not such loss was caused by negligence, breach of contract or warranty on the part of PFS or it’s employees, franchisees or agents.

PFS specifically does not warrant that its products are suitable for the secure containment of animals or livestock. The ranch fencing systems are designed to disconnect or break upon any heavy impact, thus lessening the potential for injury to the person, machinery or animal causing such impact. PFS, however, does not warrant that no injuries will be caused through such an occurrence, as the circumstances of such occurrence are totally beyond its control.

The coverage offered by this warranty automatically ends upon the sale of the property or death of the last of the original owners of the property at the time of installation, unless the warranty has been transferred to the new owner by application to PFS in writing and payment of a $100 Administration fee within 30 days of such sale or death of the last of the original owners.

Limitations

This warranty does not provide protection against any failure, defect or damage caused by situations and events beyond normal usage or exposure conditions, including but not limited to:

• Misuse, abuse, neglect or improper handling or storage;

• Improper installation or installation not in strict adherence to PFS’ written instructions;

• Use of accessories which do not properly receive and/or secure Polvin fence;

• Impact of foreign objects, fire, earthquake, flood, lightning, hail, hurricane, tornado or other casualty or act of God;

• Movement, distortion, collapse or settling of the ground or structure on which the fence is installed;

• Any other cause not involving manufacturing defects in the material supplied by PFS.

The fence is not warranted against discoloration or other damage caused by air pollution, mildew, exposure to harmful chemicals or normal weathering from the elements.

Normal weathering is defined as exposure to sunlight and extremes of weather and atmosphere which will cause any coloured surface to gradually fade, chalk, or accumulate dirt or stains. The severity of any condition depends on the geographical location of the fence, the cleanliness of the air in the area, and many other influences over which PFS has no control.

PFS shall have sole discretion to determine, based on reasonable criteria, whether the fence is suffering from normal weathering. If the fence weathers to a degree determined by PFS to be beyond normal, PFS will either repair or provide replacement material, at its option, for the defective fence.

PFS also reserves the right to refund the amount paid by the original owner for the fence material and accessories (but not including the cost of its initial installation), in lieu of all other claims.

This warranty does not apply to a fence which has been painted, varnished or coated in any way over the manufacturer’s original finish.

PFS reserves the right to discontinue or modify any of its products, including the colour, without notice to the homeowner/consumer, nor shall PFS be liable in the event the replacement material may vary in colour or gloss in comparison to the original product as a result of normal weathering. If PFS replaces any material under this warranty, it may substitute products designated by PFS to be of comparable quality or value in the event the product initially installed has been discontinued or modified.

Livestock Enclosures

PFS’ fencing profiles are engineered for superior durability and years of maintenance-free performance. The use of PFS products for containment of livestock is a common practice, but it may not withstand the physical abuse from the livestock that it contains. Product claims resulting from damage caused by contained livestock will be subject to investigation as follows: Damaged products will be evaluated for impact performance in compliance with the testing protocol set forth in the American Society for Testing and Materials (ASTM) Standard Specification for Rigid Poly Vinyl Chloride (PVC) Exterior Profiles Used for Fencing - F-14, F-964, and subsection 6.3.

Materials found to be in compliance with the performance standards set forth in the referenced document will not be eligible for replacement under the terms of this product warranty. Materials tested and determined to be defective will be remedied by providing replacement materials for the affected products or by refunding the original purchase price of the affected products (at the manufacturer's option). Colour disparities arising from products having been installed in different years or involving the installation of accessory components or competitive products which are incompatible with PFS vinyl products will not be eligible for coverage under the terms of this Warranty.

The consumer may be required to submit a sample of the defective material to PFS for analysis.

PFS will then investigate the claim and may examine the material claimed to be defective.

If a defect covered by this warranty is confirmed, PFS, within a reasonable amount of time after the inspection, will repair or provide replacement material for the fence, or refund the amount paid by the original owner for the fence and accessories, per the terms of this warranty.

Transferable Limited Warranty

This warranty is transferable by the original owner to any subsequent owner of the property on which the fence is installed, provided PFS received a written request of transfer, proof of the original purchase, and $100 transfer fee payable to PFS within thirty (30) days from the date of the real estate title transfer. Failure to request to transfer the warranty to the new owner and pay the specified transfer fee within the specified time will relieve PFS of any further obligation under this warranty.

What the Customer Must Do

The customer must sign and return the original of this warranty within 60 days of purchase, together with proof of purchase, to PFS at the address below, and retain their copy in a safe place.

Failure to do so will render this warranty nul and void and relieve PFS of all non-statutory warranty obligations.

The customer must promptly notify PFS in writing of any manufacturing defect and provide proof of the date of purchase and installation, as well as proof of property ownership. All notifications should be sent to:

Polvin Fencing Systems Pty Ltd,

PO Box 601

Palmwoods Qld 4555

This warranty is in lieu of all other warranties, express or implied and PFS makes no representations as to merchantability or suitability for any specific purpose, except where a particular term or clause of any statutory warranty may not be varied by agreement between the parties. The parties agree to the jurisdiction of the magistrates’ court in the state of Queensland Australia for any disputes arising from this warranty.