3.1 Niagara will not be liable to the customer for any breach of Warranty unless the customer gives Niagara written notice of any claim for breach of Warranty within 30 days of the defect becoming reasonably apparent.
3.2 In any event, the customer’s sole remedy under the Warranty is (at Niagara’s discretion) that Niagara will either
supply replacement Products, rectify the affected Products where such Products are capable of rectification, or
pay for the reasonable cost of the replacement or rectification of the affected Products.
3.3 Aside from the remedy described in clause 3.2, Niagara will not be liable for any other losses or damages
(whether direct or indirect) including property damage, personal injury, consequential loss, economic loss or loss
of profits, whether arising under statute, contract, tort including negligence, or howsoever arising. Without limiting the foregoing, Niagara will not be liable for any claims, damages or defects arising from, or in any way attributable to:
3.3.1 poor workmanship;
3.3.2 poor design or detailing;
3.3.3 incorrect design of the structure;
3.3.4 settlement or structural movement and/or movement of materials to which the Products are attached;
3.3.5 acts of God including, but not limited to, earthquakes, cyclones, floods or other severe weather conditions or unusual climatic conditions;
3.3.6 efflorescence or performance of paint/coatings applied to the Products;
3.3.7 normal wear and tear; or
3.3.8 growth of mould, mildew, fungi, bacteria, or any organism on the surface of any Products (whether on the exposed or unexposed surfaces).
3.4 All warranties, conditions, liabilities and obligations other than those specified in this Warranty are excluded to the fullest extent permitted by law. The Warranty does not exclude or modify any legal rights a customer may have under the Consumer Guarantees Act 1993. Unless otherwise specified in writing at the time of sale, Niagara assumes no liability for the Products being fit for any particular purpose under the Building Act 2004, other legislation or at common law.