Warranty
Concrete Sleepers Sydney Pty Ltd
20 Year Product Warranty (“The Warranty”)
For Concrete Sleepers Retaining Wall (when used in Australia)
Product Warranty:
Manufacturer Information:
Concrete Sleepers Sydney Pty Ltd (ABN 1462 757 8152), collectively referred to as “we,” “us,” or “our,” manufactures
and sells concrete retaining wall sleepers (“Sleepers”) for customers in Australia.
Warranty Coverage:
Throughout the Warranty Period, Concrete Sleepers Sydney warrants that its Sleepers are:
(a) Fit for the intended purpose commonly supplied.
(b) Utilize concrete with a compressive strength of at least 65MPa.
(c) Guaranteed to have a lifespan of at least 20 years in natural elements, provided specific conditions during
installation are met.
(d) Must be installed by a licenced retaining wall builder.
Warranty Definitions:
(a) “Lawfully Constructed Retaining Wall” refers to a wall constructed in accordance with all applicable laws and
regulations.
(b) The “Warranty Period” is the 20-year period from the completion of Sleeper installation.
(c) “Consequential Loss” includes liabilities not naturally arising from contractual breaches, covering loss of
opportunity, reputation, use, indirect losses, and loss of profit.
Geographical Restriction:
This Warranty applies exclusively to customers using Sleepers manufactured by Concrete Sleepers Sydney in
Australia, with terms subject to the limitations and qualifications outlined in Section 2.
Precedence over Terms and Conditions:
In case of discrepancies between Concrete Sleepers Sydney’s website terms and conditions and this Warranty, this
Warranty prevails.
Limitations and Qualifications:
Liability Constraint:
Concrete Sleepers Sydney’s liability for breached warranties is limited to repairing or resupplying the defective Sleeper,
with the customer responsible for removal, transportation, and installation costs.
Replacement Considerations:
Efforts will be made to match replacement Sleepers with the original, acknowledging potential variations due to
availability or production changes.
Exclusions from Liability:
Concrete Sleepers Sydney is not liable for defects caused by customer or third-party actions, transportation,
unauthorized modifications, wear and tear, or various specified circumstances.
Additional Warranty Conditions:
Conditions for warranty application include specific Sleeper installation locations, maximum retaining wall height, and
adherence to engineering reports’ soil property assumptions.
Exclusions from Warranty Coverage:
The Warranty excludes normal weathering, aesthetic changes due to water ingress or salt egress, and alterations
made after supply.
Maximum Liability:
Concrete Sleepers Sydney’s maximum aggregate liability for any claim made under this Warranty will not exceed the
price paid by the customer for the defective Sleepers.
Continuation of Warranty for Replacement Sleepers:
Replacement Sleepers provided due to a warranty breach are covered for the remainder of the original Warranty
Period.
Exclusion of Certain Costs:
Concrete Sleepers Sydney is not liable for labour costs, personal injury, property damage, or Consequential Loss.
Change of Control Provision:
The Warranty may cease in the event of a change of control in Concrete Sleepers Sydney, with efforts made to transfer
the Warranty to a prospective purchaser.
Your Rights under the Australia Consumer Law:
Consumer Rights Recognition:
Customer rights under the Australian Consumer Law are acknowledged, with Non-excludable Obligations that cannot
be modified.
Exclusion of Implied Terms:
Except for Non-excludable Obligations, all implied terms are expressly excluded.
Liability Limitation for Non-excludable Obligations:
Liability for Non-excludable Obligations is limited to replacement, refund, or repair.
How to Make a Claim:
Claim Process:
To make a claim or for technical support, contact Concrete Sleepers Sydney via email at
[email protected], providing all requested documentation and information.
Validation Requirements:
Claim documentation includes licensed installer details, engineering reports, council approvals, and property access
for inspection.
Evidence of the purchase date must be provided.
Timely Claim Notification:
Claims must be notified within 30 days of detecting an issue; otherwise, Concrete Sleepers Sydney may deny the claim
at its discretion.
Costs and Expenses:
Customers are responsible for costs related to their claims.
Inspection Rights:
Concrete Sleepers Sydney reserves the right to inspect, test, or investigate claims as deemed necessary.
