1. Scope of Warranty


1.1 Definitions

 

“Seller” means Duraco Ltée, a private company incorporated under the laws of Mauritius, with company file number C11764, having its registered office at Taylor Smith House, Old Quay D Road, Port Louis, Mauritius.

 

“Water Tank” means any water tank supplied by the Seller.

 

“Buyer” means any person or entity purchasing a Water Tank from the Seller.

 

“Delivery” means:

a) the collection of the Water Tank by the Buyer (or its representative or carrier) from the Seller’s premises; or

 

b) where delivery is agreed, the handing over of the Water Tank to the Buyer (or its representative) at the agreed delivery location.

 

1.2 This Water Tank Warranty applies exclusively to any Water Tank supplied by the Seller.

 

1.3 This Water Tank Warranty is offered in addition to the general warranty provided under the Seller’s General Conditions of Sale (“GCS”) and shall be subject to Clause 6.8 of the GCS.



2. Warranty Period and Remedies


2.1 The warranty period shall commence on the date of Delivery.

 

2.2 The Seller’s obligations under this Water Tank Warranty shall be limited, at the Seller’s option, to repair of the Water Tank or to the supply of a replacement Water Tank, whether free of charge or at the discounted price set out in the schedule below:

 

Warranty Period Applicable Remedy
Years 0-4 Repair of the Water Tank free of charge or supply of a replacement Water Tank free of charge, at the Seller’s option.
Years 5-6 Repair of the Water Tank free of charge or right to purchase a replacement Water Tank at 85% discount off the then current retail price, at the Seller’s option.
Years 6-8 Repair of the Water Tank free of charge or right to purchase a replacement Water Tank at 70% discount off the then current retail price, at the Seller’s option.
Years 8-10 Repair of the Water Tank free of charge or right to purchase a replacement Water Tank at 55% discount off the then current retail price, at the Seller’s option.
Years 10-12 Repair of the Water Tank free of charge or right to purchase a replacement Water Tank at 40% discount off the then current retail price, at the Seller’s option.

 

2.3 For the purposes of this Clause 2, a “replacement Water Tank” means the same model or, where such model is no longer manufactured or available, the closest equivalent model as determined by the Seller. The “then current retail price” shall mean the Seller’s applicable retail price for such model at the date the warranty claim is accepted.

 

2.4 For the avoidance of doubt, the remedies set out in the warranty schedule above constitute the Buyer’s sole and exclusive remedies under this Water Tank Warranty.



3. Claims Procedure and Service Conditions


3.1 In connection with any warranty claim, the Seller may, at its discretion, carry out an inspection of the Water Tank, which may include a site visit. Where the defect is notified within one (1) month from the date of Delivery, such initial inspection shall be carried out free of charge for diagnostic purposes. The Seller reserves the right to charge reasonable transport and labour costs for any claim notified after this one-month period.

 

3.2 Where the performance of any inspection, repair or replacement under this Warranty requires sea or air transport, all transportation, shipping, handling and associated logistics costs (including delivery of any replacement Water Tank) shall be borne exclusively by the Buyer. The Seller shall not be required to perform any remedy under this Warranty unless such costs have been paid in advance by the Buyer.

 

3.3 The Buyer shall ensure that the Water Tank is fully disconnected from all plumbing systems and completely emptied prior to any inspection, removal or repair. The Seller shall not be responsible for disconnection, draining or any associated plumbing work.

 

3.4 The Seller reserves the right to refuse any warranty claim where the Buyer fails to comply with the obligations set out in this Clause 3.



4. Warranty Exclusions


This Water Tank Warranty does not cover, and the Seller shall not be liable for, any of the following:

4.1 Any failure or damage resulting from an external cause or from any factor not inherent to the manufacture or design of the Water Tank.

 

4.2 Any failure or damage resulting from accidental damage, external impact, misuse, physical interference by the Buyer or any third party, incorrect installation or any attempt to repair the Water Tank by any person other than the Seller or a service agent accredited by the Seller.

 

4.3 Any event beyond the reasonable control of the Seller.

 

4.4 Any plumbing components, fittings or accessories supplied with or in connection with the Water Tank, including but not limited to float valves, outlet fittings, underground foot valves and lids.

 

4.5 Any leakage at or around the inlet or outlet connections of the Water Tank resulting from improper plumbing installation.

 

4.6 Without limiting the exclusions and limitations of liability set out in the Seller’s GCS, any damage to furniture, carpets, foundations and/or any indirect, incidental or consequential loss or damage arising directly or indirectly from leakage or failure of the Water Tank.

 

4.7 Where the Water Tank has not been installed in strict accordance with the installation requirements set out in Schedule A.

 

Schedule A

 

Installation Requirements

This Water Tank Warranty is conditional upon strict compliance with the following installation requirements. Failure to comply with these mandatory installation requirements shall render the Water Tank Warranty unavailable to the Buyer.

 

Aboveground Water Tanks

a) The Water Tank must be installed on a smooth, flat and stable surface capable of supporting the full load of the Water Tank when filled.

 

b) No external load shall be applied to the Water Tank.

 

c) Inlet and outlet pipes must be independently and adequately supported so as not to impose strain on the Water Tank.