Warranty

LIMITED WARRANTY AGAINST DEFECTS POLICY

This document sets the limited warranty against for certain products manufactured by Provis Pty Ltd ABN 37 661 467 456 trading as ShadeSpot™ (referred to in these terms and conditions as ‘ShadeSpotT™,’ ‘we’, ‘us’, or ‘our’). A person who has purchased a ShadeSpot™ product will be referred to in this document as ‘you’ or ‘your’.

1 AUSTRALIAN CONSUMER LAW DISCLAIMER

• Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law.

• Under the Australian Consumer Law, you are entitled to choose a refund or replacement for major failures with goods. If a failure with the goods or a service does not amount to a major failure, you are entitled to have the failure rectified in a reasonable time. If this is not done you are entitled to a refund for the goods. You are also entitled to be compensated for any other reasonably foreseeable loss or damage from a failure in the goods.

• This warranty is in addition to your rights under the Australian Consumer Law.

2 PRODUCTS COVERED BY THIS WARRANTY

The following products manufactured by us (Approved Models) are covered by this warranty:

• ShadeSpot™ retractable shade sail (WaveSail™).

3 ONGOING WARRANTY COVERS

This warranty applies to any Approved Models for:

(a) five (5) years from the date you purchase an Approved Model; or

(b) seven (7) years from the date you purchase an Approved Model, if an additional two (2) year warranty was purchased at the time of sale,

and covers parts and labour required to remedy any defects in an Approved Model.

• The warranty only applies to defects that were not caused by your failure to use an Approved Model in accordance with the manufacturer’s instructions, failure to take reasonable care of the relevant Approved Model, lack of maintenance or fair wear and tear.

• The warranty specifically excludes the following issues:

1. slight discoloration of any Approved Model, if discoloration is reasonably viewed by us as being within 10% of the Approved Model’s purchase colour;

2. non-functionally impactful corrosion of metal parts;

3. damage to the Approved Model occasioned by winds exceeding 26 knots/48 kilometres per

   hour (Wind Damage);

4. damage caused by additional dead-loads (including but not limited to hail, snow, leaves or

   branches) (Weather Damage); and

5. incidents and/or neglect caused by you that damage the Approved Model, excluding issues

   relating to component quality or faulty workmanship.

4 HOW TO MAKE A CLAIM UNDER THIS WARRANTY

4.1 AUSTRALIAN BUILDING STANDARDS

• In order for this warranty to be valid, you must adhere to all guidelines provided by ShadeSpot™ and ensure that Approved Models are installed by a suitably qualified and experienced professional who is aware of and complies with any relevant Australian Building Standards and ShadeSpot™’s methods and tools for installation. For your purchase to be valid under this warranty, you must:

(a) ensure that you have engaged a registered builder and/or structural engineer to inspect any existing structures that any Approved Models are attached to ensure that these structures can tolerate any specific forces that may affect the Approved Models, with any recommended modifications made prior to installation of the Approved Models; and

(b) ensure that ShadeSpot™ has been provided with accurate information regarding the existing structures intended to support the Approved Models, members, materials, condition, means of attachment dimensions and anchoring points.

(c) ensure that the installation of new structures are to the specifications recommended by ShadeSpot™ in the Structural Plans provided.

• While ShadeSpot™ uses their best endeavours to provide accurate installation guidelines for Approved Models, any false or misleading representations made by you or your failure to ensure that installation of the Approved Models is actioned by a suitably qualified professional adhering to the Australian Building Standards (Unapproved Installation) may result in property damage, injury or death (Installation Consequences). To the maximum extent permitted by law, ShadeSpot™ will not be held liable for any Installation Consequences that arise due to Unapproved Installation and any Unapproved Installation will void this warranty.

4.2 PRE-CLAIM REQUIREMENTS

• Any warranty contemplated under this agreement will only apply if:

(a) you are the original purchaser of the Approved Model; and

(b) you have purchased an Approved Model directly from ShadeSpot™, or an authorised retailer.

• Your warranty will be voided if you make a claim and we reasonably determine that:

(a) any damage caused to the Approved Model has occurred due to your failure to reasonably avoid any Weather Damage;

(b) you have installed an Approved Model using third-party components;

(c) you have failed to follow the instructions of ShadeSpotTM when installing an Approved Model;

(d) any Wind Damage that has occurred was due to your failure to securely retract your Approved Model in the manner described on our website (www.shadespot.com.au)

(e) any damage caused to the Approved Model was due to your failure to adequately care for the Approved Model; and

(f) you have installed an Approved Model in an area unsuitable for the use of WaveSail™

(g) you have gone against recommendations provided by ShadeSpot™ or a representative of ShadeSpot™ via the website, Discovery Call, Structural Plans or Installation Videos (each a Specific Exclusion).

4.3 MAKING A CLAIM

If, within five (5), or seven (7) years of the purchase date (whichever is relevant), you believe that an Approved Model you purchased is faulty, please contact us via support@shadespot.com.au with full details of the fault including:

• images and/or videos of the fault;

• a detailed description of the fault; and

• proof of purchase of the Shade Sail.

After providing the above details, ShadeSpot™ will arrange a video call in which they will discuss the perceived fault in the Approved Model.

Following the video call with ShadeSpot™, if we determine, in our absolute discretion:

(a) that upon inspection, the relevant Approved Model is faulty and covered by this warranty, we will repair or replace the Approved Model at our cost; or

(b) that the relevant Approved Model is not faulty, or is faulty due to a Specific Exclusion, a lack of maintenance, fair wear and tear, misuse, failure to use in accordance with the manufacturer’s instructions, or failure to take reasonable care, we will refuse your warranty claim.

4.4 EXPENSES RELATED TO REPAIR

ShadeSpot™ will cover any travel expenses incurred by us related to the repair of an Approved Model under this warranty.

5 NO OTHER WARRANTIES

• To the maximum extent permitted by applicable law, all express or implied representations and warranties not expressly stated in this warranty document, or in written terms and conditions issued by us, are excluded.

6 LIABILITY

• To the maximum extent permitted by law, we exclude any liability that may arise as a result of you pursuing a warranty claim in accordance with this warranty document.

7 JURISDICTION

• This warranty document is governed by the laws of Victoria, Australia.