FLOOR-TECT WARRANTY.

Terms & Conditions

FLOOR-TECT WARRANTY

Terms & Conditions

Subject to the conditions appearing below, and payment for the goods being received in full, MARKHAM warrants to the owner that the applied FLOOR-TECT™ system will retain anti-dusting, hardening, enhanced durability properties, and concrete internal moisture control in accordance with AS 1884:2021 and that installed floor covering systems will be protected against separating from the concrete substrate due to water migration or moisture vapour transmission from within the concrete in the specific treated area(s) 15 years for FLOOR-TECT™.

Important:

MG warrants to the owner that the warranted work performed shall be as required in the contract. This warranty shall be subject to the conditions which follow.

TERMS & CONDITIONS

updated 7/2025

FLOOR-TECT WARRANTY

system warranty is entirely conditional upon:

1. The provision of this system warranty is entirely conditional upon the system having been applied by an accredited applicator.

2. MARKHAM’s obligations under this warranty shall be limited to the timely repair or reapplication free of charge by MARKHAM of any area where applied MG shall have no further liability or responsibility other than that set out in this warranty. In particular, MG shall not be liable for any further than stated, direct, indirect or consequential injury loss or damage to the owner whatsoever or howsoever arising.

3. This limited warranty is for the sole and exclusive remedy of purchaser for any claim concerning this product, including, but not limited to, claims alleging breach of warranty, negligence, strict liability or otherwise covers against failures due to concrete water and subsurface water transmissions through the parent concrete, but not from topical surface intrusion, transfer and/or migration from an untreated external source such as flooding, or seepage through concrete via joints, wall joints, structural cracks, and/or other contiguous untreated areas of the facility.

4. By this limited warranty, MARKHAM agrees that should the FLOOR-TECT treatment fail due to water migration or alkalinity (up to pH of 14); MARKHAM will repair and/or replace, at its expense including direct labour and materials affected in the FLOOR-TECT treated area, the FLOOR-TECT treatment and the following:

5. MARKHAM will be involved in the repair work; proposed costs for labour and material costs shall be submitted to MG for review and approval. Flooring systems will be replaced based on current pricing for the same materials or equivalent at MARKHAM’s discretion.

6. This applies only to the installed system as originally applied and only to that portion of the system which is affected by the defect between closest transitions. MARKHAM will not be responsible for the replacement of any portion of the installation that is not defective, regardless of whether such non-defective portions are replaced for cosmetic or other such reasons.

FLOOR-TECT WARRANTY

Exclusions:

7. Without limiting the generality of the preceding clause, this warranty shall not cover and Markham Distributing Limited shall have no liability in respect of the following acts, conditions or circumstances or any damage or defects which might arise therefrom; or

a. Wars, strikes, lockouts, delays, acts of God, fire, earthquake, flood, hail, lightning, hurricane, tornado, windstorm and storm or any other cause (whether similar or dissimilar to the above) beyond the reasonable control of MG; or

b. The act, omission, default or representation of any party other than MG or its employees or

c. Cracking, settlement, distortion, slumping failure of walls or foundations of any building, or of any slab or paved or sealed surface; or

d. Infiltration or condensation of moisture in through, or around the walls, coping, foundation, structures, slab, or sealed areas or surface which have not been AQURON treated; or

e. Any unexpected cracking that is beyond the scope of AQURON Solutions efficacy to deal with; or

f. Any failure of joint sealant due to joint movement that is beyond 40% of 10mm joint width: or g. Defects in design; or
h. Materials other than the concrete with AQURON protection including, but not limited to, metal work expansion or control joints, fasteners, drains, vents, embedded reinforcing, flashing materials, and rooftop units and equipment; or

i. Expansions or contraction of any flashing or metal work, or of any adjacent or abutting building, structure or surface, or any component thereof, including but not limited to, structure failure or damage, leakage or drainage; or

j. Any new installations repairs or other maintenance or construction on, to, or through the AQURON protected concrete;

k. Damage caused directly or indirectly by falling objects or excessive load stresses of any nature on the slab or surface which has been treated.

l. Improper installation of insulation or defects or failure of any material used in any base or insulation over which is placed the concrete treated with the AQURON Solution or

m. The failure of materials or structures to conform with the manufacturers specifications, building code or any such other regulatory requirements; or

n. Negligence, misuse, improper treatment or improper site preparations; or

o. Hidden, latent or unknown defects which may include (but are not limited to) voids, air spaces, honeycombing, the presence of any foreign object or injurious deleterious or contaminating substance in or on the surface of the concrete to be treated.

p. Any neglect or unnecessary delay by the owner in giving notice to MG of a defect in the warranted works becoming apparent; or

q. Design faults, errors or discrepancies; or r. Unintended use of the warranted works by the owner or any occupant thereof; or

s. Failure by the owner or any occupant thereof to maintain the warranted works in accordance with good practice and any manufacturer’s stated or recommended instructions or requirements; or

t. Variation to agreed design without the written approval of MG.

How FLOOR-TECT WARRANTY works.

updated 7/2025

FLOOR-TECT WARRANTY

Claim:

This Warranty shall be invalid unless MG receives “The Owners” written claim within the warranty period and within fourteen (14) days after the date of discovery of any alleged defect. MG agrees that if MG is advised by the owner in writing of any defect in the warranted works within the warranty period, MG will promptly take steps to remedy the defect.

Any remedial work which MG may need to undertake under this warranty will be carried out:

in a prompt and timely manner
without unnecessary inconvenience to any occupants
subject to reasonable access being provided to MG for the purpose of carrying out the remedial work. Where the cost of replacement of work and/or materials may be out of all proportion to the consequences of the defect, MG may:
where the defect is reasonably rectified by repair rather than by replacement, MG’s obligation under this warranty shall be only to repair or otherwise make good the defect or
propose reasonable monetary compensation in lieu of remedying the defect • propose a combination of both repair and compensation

The owner must consider MG’s reasonable proposals, and the parties must endeavour in good faith to reach agreement.

FLOOR-TECT WARRANTY

Access to Material and Site & Consumer Guarantees Act:

Access to Material and Site:
9. In the event that it is necessary for MG to repair or replace any defective AQURON Application the Owner shall provide MG with clear and unrestricted access to any AQURON treated areas. Nothing in this Warranty shall require MG to remove and/or replace plant, equipment or any other object or substance in order to gain access to the defective AQURON treated areas. The Owner shall cooperate in all respects with MG to accomplish the said repair or replacement. MG’s costs and expenses of making any site visit requested under the warranty claim in circumstances where this warranty has no application will be reimbursed to MG if MG in its discretion seeks such reimbursement. Reimbursement will be made at current trade consultancy rates.

Consumer Guarantees Act
10. This Warranty shall apply in addition to, and not in substitution for any rights which a consumer may have in terms of the Consumer Guarantees Act 1993.

FLOOR-TECT WARRANTY

No Other Warranty & Validity of Warranty

No Other Warranty
11. Except as expressly set out in this document, and with the exception of any relevant statutory warranties contained in the Consumer Guarantees Act 1993, no other warranty or condition shall be implied against MG by any statute, at common law or otherwise, and no representation, express condition, warranty or variation of this Warranty shall be binding on MG unless it is in writing and signed for or on behalf of MG. This Warranty shall prevail despite any indication to the contrary by any person acting or purporting to act on MG behalf and shall replace all or any other alleged rights or remedies contained in any other document or representation whether issued or made prior to or subsequent upon the granting of this Warranty by MG.

Validity of Warranty
12. This Warranty is valid and enforceable on the condition that MG have been paid in full for the System supplied.