Agricised Warranty Terms & Conditions

Please read the following warranty (‘this Warranty’) carefully.

This M&M Timber Warranty for Agricised and DeerGuard is for the benefit of the Buyer only and is not intended to benefit, and no term of it shall be enforceable by, any other person (including, without limitation, any person who purchases or otherwise receives the Goods from the Buyer).

In this Warranty, the following definitions will apply:

Buyer: means the end-user of the Goods who is in receipt of an Agricised or DeerGuard warranty card with unique reference number has registered their right to this Warranty through the M&M Timber website.

Company: means Forest Garden Ltd, a company registered in England and Wales with company number 1771349, trading as M&M Timber.

Failed Products: means Goods which have failed as a result of Rot/Fungal Decay or Insect Attack within 15 years of supply by the Company to such an extent that such Goods are no longer fit for purpose.

Goods: Agricised 15 timber purchased by the Buyer from the Company (including via a third party retailer or distributor).

Insect attack: means attack by wood destroying insects that destroy the timber structure, including but not limited to termites.

Replacement Product: means Goods supplied by the Company in accordance with the terms of this Warranty to replace a Failed Product.

Rot / Fungal Decay: means attack by wood destroying fungi that disintegrate the wood cell walls but excluding damage by staining fungi associated with the weathering of wood.

Words in the singular include the plural and in the plural include the singular.

This Warranty applies to Goods which are:

1.

• a) Purchased from M&M Timber, a division of Forest Garden Ltd
• b) supplied and installed in the U.K.; and
• c) Failed Products only (and not those Goods within the same order, batch, location or otherwise which are not Failed Products).

2. The buyer is responsible for registering their right to the warranty online within three months of purchase through the M&M Timber website and referencing the Agricised or DeerGuard warranty card unique reference number.

3. The Company shall, at its option, replace the Failed Product with a Replacement Product via the original distributor within a period of 0 – 15 years from the date of purchase. If the Company chooses to supply the Buyer with a Replacement Product, such supply shall be the limit of the Company’s liability under this Warranty, and shall be the Buyer’s sole remedy.

The Company shall not be liable to the Buyer for any labour or other costs in relation to the removal of any Failed Product or the installation of any Replacement Product. The Company shall not be liable to the Buyer for any failure or delay in the supply of a Replacement Product.

4. This Warranty shall not apply to any Replacement Product.

5. The Buyer must give written notice to the Company of the Failed Products within 14 days of the time when the Buyer discovers or ought to have discovered that some or all of the Goods are Failed Products, and no later than 14 days after the expiry of the 15 year period, accompanied with proof of purchase and a sample of the Failed Product. The Buyer shall be precluded from bringing any claim under the Warranty that has not been notified in accordance with this paragraph.

6. The Company shall not be liable for Goods which are Failed Products in any of the following events:

• a) the Buyer has failed to follow the Company’s instructions as to the installation, care and maintenance of the Goods in the relevant instruction guide;
• b) damage caused to Goods due to or as a result of mechanical strimming, or other physical damage
• c) weathering of wood including but not limited to greying, raised grain, splitting, cracking, warping, shrinkage, swelling, or any other physical property of the wood;
• d) timber degrade which is the result of the natural movement of wood in service, including weathering, twisting and splitting of components; or
• e) mould growth on treated wood products.

7. The Company shall in no circumstances have any liability to the Buyer for: (a) any direct economic loss; or (b) any indirect or consequential loss (including, without limitation, for, or in connection with, any loss of profits, future revenue, reputation, goodwill or anticipated savings); or (c) any damage suffered by the Buyer whether arising under contract, in tort or otherwise; or (d) any liability of the Buyer to any other person for any of the loss or damage of the type referred to in paragraphs 7(a) to 7(c) or any claim for damages or awards, in each case howsoever arising from the Goods or Failed Products or Replacement Products or their supply to the Buyer. This paragraph shall not exclude or restrict the Company’s liability in respect of death or personal injury caused by the Company’s own negligence.

8. The Buyer may not, at any time, assign, charge or otherwise transfer its rights under this Warranty to any other person (including, without limitation, any subsequent owner(s) of the Goods). The Company may, at any time, assign, charge or otherwise transfer its rights and/or obligations under this Warranty to any third party without re-course to the Buyer.

9. This Warranty sets out the entire agreement and understanding between the Company and the Buyer in connection with the subject matter hereof.

10. This Warranty is for the benefit of the Buyer only and is not intended to benefit, and no term of it shall be enforceable by, any other person (including, without limitation, any person, firm or company who purchases or otherwise receives the Goods from the Buyer) by virtue of the Contracts (Rights of Third Parties) Act 1999.

11. This Warranty shall be governed by and construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts.

For further information please call 0333 003 5133 or email sales@mmtimber.co.uk

© Copyright M&M Timber – A Division of Forest Garden Ltd.