The First Comprehensive Guarantee Programme

Arch Wood Protection (SA) (Pty) Limited is the first wood preservative manufacturer to launch a comprehensive Wood eservative Treatment Guarantee Programme in South Africa in 2002 (the “Guarantee Programme”). The Guarantee Programme pertains to wood products that have been pressure treated with wood preservatives manufactured by Arch Wood Protection, hereafter referred to as “the Company” or “Arch”. The Guarantee Programme is provided as a benefit to consumers on behalf of the Treaters who use the Company’s wood preservative products.

1. THE GUARANTEE

1.1 The Company offers a “Guarantee” against certain insect attack and wood decay, subject to the terms and conditions available on the website www.tanalised.co.za (“The Guarantee”).

1.2 The Guarantee is offered in respect of the following products, subject to Terms and Conditions provided they have been treated by a Treater accredited by the Company at the time of treatment, in terms of a written Tanalised® and Vacsol® Treater Accreditation Agreement between the Company and the Treater.

1.2.1 Tanalised® C treated sawn timber will have a 50 year Guarantee when used for interior aboveground
applications in a H2 Hazard Class environment and will have a 25 year Guarantee for exterior above-ground applications in a H3 Hazard Class environment;*

1.2.2 Tanalised® C treated poles will have a 25 year Guarantee when used for H2 Hazard Class (interior use) and for H3 Hazard Class (exterior use) above-ground applications. A 15 year Guarantee will apply for H4 Hazard Class (in-ground contact) applications and certain applications exposed to H5 Hazard Class conditions (fresh water contact)*;

1.2.3 Vacsol® Azure® treated timber products will have a 25 year Guarantee when used for H2 Hazard Class (interior use) above-ground applications;

1.2.4 Tanalised® E treated sawn timber and poles will have a 25 year Guarantee when used for H2 Hazard Class (interior use) above-ground applications and for certain H3 Hazard Class (exterior use) above-ground applications. A 15 year Guarantee will apply for treated poles in H4 Hazard Class (inground contact) applications and certain treated pole applications exposed to H5 Hazard Class conditions (fresh water contact).

1.3 Information of the abovementioned Hazard Class Levels can be found after section 2.4 of these Terms and Conditions.

*Poles or sawn timber treated with a combination of Tanalised® and Weatherwood® additive will be subject to the same terms and conditions.

2. REGISTRATION OF GUARANTEE

No Guarantee will be valid and enforceable, and you will not be entitled to make any claims against the Company in respect of the Guarantee unless you have registered your Guarantee as set out below, and it has been accepted in writing by the Company. The Guarantee must be registered within thirty (30) days of the date of purchase of the Product.

2.1 STEP 1: Ensure that your product (being any of the Products described in paragraph 1.2 above) bears the
TANTM Trade Mark, which shows that the product has been treated with the Company’s wood preservative:

tan-mark

and the SABS permit stamp

image008

or SATAS permit stamp

image012

You may need to contact your contractor or the person you purchased the treated wood product from to confirm this.

For sawn timber:

Timber-Diagram

For poles:

Pole-Diagram

2.2 STEP 2: STEP 2: Log on to www.tanalised.co.za and complete the Guarantee registration process in accordance with the prompts. You will need to submit at least the following information on the interactive Guarantee Registration Form:

2.3.1. the name and contact details of the purchaser of the product;

2.3.2. the details of the person/entity that you purchased the product from and date of purchase;

2.3.3. a description of the quantity of the product when purchased;

2.3.4. the sizes and dimensions of the product;

2.3.5. a description of what you will use the product for;

2.3.6. the Treater permit name information recorded on the product. (If you have purchased sawn timber, this is usually stamped onto the product, or in the case of poles, it will be imprinted on a silver plate attached to the end of the pole).

2.3 STEP 3: Read and accept the terms and conditions applicable to the Guarantee on the website. The registration process will direct you to these terms and conditions; and

2.4 STEP 4: Submit your registration online and wait for a response from the Company who will process the information and, if all of the relevant conditions have been fulfilled, will confirm your Guarantee in writing by Arch Wood Protection.

Your Guide to the Tanalised® and Vacsol® Treated Wood Guarantee Programme

Wood Preservative Treated Product Hazard Class * Guarantee Period
Tanalith® C(CCA) image018 H2 Sawn Timber: 50 Years
H3 Sawn Timber: 25 Years
H2 & H3 Poles: 25 Years**
H4 & H5 Poles: 15 Years*
Tanalith® E(Copper Azole) image019 H2 & H3 Sawn Timber and Poles: 25 Years
H4 & H5 Poles: 15 Years
Vascol® (TBTN) and Vascol® Azure® (Metal Free) image020 H2 Sawn Timber, Laminated Beams, Timber Cladding, T&G Flooring & Ceiling
*Hazard Classes:- refer to the biological hazard, specifically wood decay and insect attack, to which wood would be subjected to during its service life as per SANS 10005 – “The Preservative Treatment of Timber”
H2 – Interior above-ground
H3 – Exterior above-ground
H4 – In-ground contact
H5 – In fresh water contact** ** including poles treated with Tanalith® C plus Weatherwood® additive

TERMS AND CONDITIONS OF THE GUARANTEE

3. DEFINITIONS

Unless the context suggests otherwise, the expressions below shall have the following meanings:

3.1 “Accredited Treater” means a timber Treater accredited by Arch Wood Protection in terms of its Guarantee Programme, who has entered into a written Treated Wood Treater Accreditation Agreement with Arch Wood Protection (SA) (Pty) Limited, a Lonza company, and which Agreement is valid and in force at all relevant times;

3.2 “The Company” means Arch Wood Protection (SA) (Pty) Limited, Registration Number 1996/003175/07, a Lonza company;

3.3 “Customer” means the person who registers the Guarantee, which can be either the end user of the Product or the contractor or agent who purchased the Product, to be used in a building or any structure constructed for the end user, but not both, and includes any end user to which the Guarantee is transferred in accordance with clause 10;

3.4 “Customer Protection Act” means the Consumer Protection Act 68 of 2008;

3.5 “Date of Purchase” means the date on which the Product is first purchased from the dealer or other supplier;

3.6 “the Guarantee” means the Guarantee provided to the Customer by the Company in terms of these Terms and Conditions;

3.7 “H2 Hazard Class Level” means a low hazard class level, applicable to Products used for interior above-ground use only.;

3.8 “H3 Hazard Class Level” means a moderate hazard class level applicable to Products used for exterior, above ground structures.;

3.9 “H4 Hazard Class Level” means a hazard class level applicable to Products used in contact with the ground;.

3.10 “H5 Hazard Class Level” means a hazard class level applicable to products exposed to fresh water and continual wetting or where the Product is planted in wet soil;

3.11 “Product” means wood substrates used in South Africa or Swaziland which have been treated by an Accredited Treater with Tanalith® or Vacsol® wood preservatives in accordance with the South African National Standard 10005: “The Preservative Treatment of Timber” standards and as described in clause 4.1.1;

3.12 “these Terms and Conditions” means these Terms and Conditions of the Guarantee.

4. GUARANTEE

4.1 Subject to these Terms and Conditions and for the duration set out in clause 5, the Company guarantees the Products against damage which is a direct result of insect attack such as wood borer and termites or wood decay such as brown rot, soft rot and white rot or substantially similar biological degradation (but excluding the carpenter bee) as would make the Product structurally incapable of use for the relevant purposes set out below in this clause 4.1:

4.1.1 Tanalised® C treated sawn timber, when used for:

4.1.1.1 interior, above-ground applications in the H2 Hazard Class, or

4.1.1.2 for exterior, above-ground applications in the H3 Hazard Class;

4.1.2 Tanalised® C treated poles (including poles treated with Tanalith® C plus Weatherwood® additive) and Tanalised® E treated poles when used for:

4.1.2.1 interior structures in the H2 Hazard Class or for exterior, above-ground applications in the H3 Hazard Class;

4.1.2.2 in the ground H4 Hazard Class applications;;

4.1.2.3 poles used in flood irrigation, high fertiliser/faecal areas such as livestock pens, and fresh water contact applications are to be treated to H5 Hazard Class Level in order to be covered by the Guarantee;

4.1.3 Vacsol® treated timber, when used for interior above-ground applications in the H2 Hazard class; and

4.1.4 Tanalised® E treated sawn timber when used for interior, above-ground applications in the H2 Hazard Class or for certain exterior, above-ground applications in the H3 Hazard Class.

4.2 Subject to these Terms and Conditions, the Company’s liability under the Guarantee is limited to the actual cost of new Products purchased to replace the damaged wood. The foregoing is the Customer’s exclusive remedy and specifically excludes any other damages or costs associated with the failure of the Product, including without limitation, costs of installation, repair, construction, labour or similar costs, indirect loss or damage or any other loss or damage that results as a consequence of buying or using the Product.

5. DURATION

The Guarantee shall commence on the date of the Company’s acceptance of registration of the Guarantee, as contemplated in clause 6. The Guarantee shall terminate 50 years after the Date of Purchase of any Products described in clause 4.1.1.1 and 25 years after the Date of Purchase in respect of any Products referred to in clauses 4.1.1.2, 4.1.2.1, 4.1.3 and 4.1.4, and 15 years in respect of Products referred to in 4.1.2.2 and 4.1.2.3.

6. REGISTRATION OF THE GUARANTEE

6.1 Only 1 (one) Customer per Product (being either the end user of the Product or the contractor or agent contracted by the end user, but not both) may register the Guarantee.

6.2 Subject to clause 6.1, only Customer listed during the registration process will be entitled to any rights or benefits arising out of or in connection with the Guarantee.

6.3 The Customer shall register the Guarantee electronically at www.tanalised.co.za within thirty (30) days of the date of purchase of the Product.

6.4 The Customer warrants that all information submitted during the registration process shall be true, accurate and complete in all respects.

6.5 Only a Guarantee which has been registered and the registration accepted by the Company in writing will be effective.

6.6 Any acceptance of registration of the Guarantee will not prejudice any right of the Company to reject a claim for payment under the Guarantee, in terms of clause 7.2 or any other applicable provisions of these Terms and Conditions..

7. PRODUCTS SUBJECT TO THE GUARANTEE

7.1 The Guarantee shall only apply to Products that:

7.1.1 have the TANsymbol clearly marked on them by an Accredited Treater;

7.1.2 have been stamped by SABS or SATAS with their stamp of approval,

confirming compliance with the South African National Standard (SANS) 10005: “The Preservative Treatment of Timber”;

7.1.3 have been treated by an Accredited Treater in terms of the Accredited Treater Agreement;

7.1.4 have been used in accordance with the applicable description and hazard class set out in clause 4.1, in South Africa or Swaziland.

7.2 This Guarantee is subject to the following specific exclusions (no payment will be made by the Company if these circumstances apply):

7.2.1 any damage to the Product whatsoever or any loss suffered by the Customer which arises out of or in connection with the Carpenter Bee or any cause other than those listed in clause 4.2, being woodborer, termites, wood decay such as brown rot, soft rot, white rot or substantially similar biological decay;

7.2.2 aany Product that has undergone a change of physical appearance (including without limitation cracking) or any other change that does not render the Product incapable of the intended use set out in clause 4.1, whether or not due or linked to natural causes, such as UV degradation and weathering or otherwise;

7.2.3 any poles with a H4 or lower Hazard Class used in or in close proximity to livestock pens (including without limitation cattle feed lots), in drip or flood irrigated areas or structures which may be subject to contact with fertilizers, high urea levels and/or faecal levels, and/or in constant contact with water. Products used in these circumstances will be covered if treated to H5 Hazard Class Level;

7.2.4 any poles of a diameter of less than 50mm (including droppers & lathes) will not be covered by the Guarantee;

7.2.5 utility poles are not covered by this Guarantee;

7.2.6 all garden edging and trellising products are excluded from the Guarantee;

7.2.7 any Product used in an application or in any manner which does not conform to the Hazard Classifications set out in clause 3 and 4.1. The appropriate Product must be used in the prescribed appropriate hazard application set out in 4.1;

7.2.8 any Product that is machined, cross-cut, drilled or dealt with in a similar manner, after the original Tanalised® or Vacsol® pressure treatment has been applied by the Accredited Treater, unless the affected areas have been resealed during production or construction with an insecticidal/fungicidal protective product approved by the Company (such as Tanalised® Enseal);

7.2.9 any Products used in an H3 Hazard Class application, including, without limitation, decking, fascias, external cladding and laminated beams, which have not been treated with penetrative preventative sealers providing water repellence and UV protection designed to reduce weathering and surface degradation, resulting in the Product not being capable of its usual use, which is not related to the performance of the Company’s chemical;

7.2.10 any Products sold and applied outside South Africa or Swaziland or used and/or installed in structures for any purpose whatsoever outside South Africa or Swaziland; and

7.2.11 any Product returned to the supplier in terms of the Consumer Protection Act.

8. CLAIMS IN TERMS OF THE GUARANTEE

8.1 No claim under this Guarantee shall be accepted by the Company if it reasonably considers that any of these Terms and Conditions has not been complied with.

8.2 To register a claim, the standard Guarantee Claim form must be completed and submitted to the Company. This form is available from the Company’s offices or the www.tanalised.co.za website. Any claims submitted must be accompanied by at least the following documents:

8.2.1 the abovementioned claim form;

8.2.2 all purchase/delivery documents;

8.2.3 photographic evidence of the damage;

8.2.4 where possible, physical samples of the damage;

8.2.5 any other reasonable information required by the Company from time to time.

8.3 All claims will be investigated by the Company and to that end, the Company is authorised to conduct inspections of samples of the Product on the Customer’s site or elsewhere. The Customer agrees to co-operate where this is necessary.

8.4 The customer warrants that all information submitted in respect of any claims submitted or during any investigation procedure is true, accurate and complete in all respects and that the Company can rely on such information without further enquiry or investigation.

8.5 All proceeds of any claims accepted by the Company shall be paid to the Customer in a bank account nominated in writing within 3 months of approval of the claim by the Company.

9. ACCREDITED TREATERS

9.1 Only Products treated by Accredited Treaters in accordance with the Accredited Treaters Agreement will be within the Guarantee. The Customer acknowledges that if the Company discovers that any Product was purchased from a Treater who was not accredited or was treated by an Accredited Treater in a manner that falls short of the requirements of the Accredited Treater Agreement, the Company shall not be liable for payment under the Guarantee whether or not Customer was aware of the Treater’s accreditation or lack thereof, or whether or not the Customer was aware that the Treater had treated the Product in terms of the Accredited Treater Agreement.

9.2 The Customer acknowledges that Accredited Treaters are not employees or agents of the Company, and shall not be entitled to make a promise or representation on behalf of or bind the Company in any manner. The Company shall not be liable in any manner for the acts or omissions of the Accredited Treater.

9.3 The Company can decide at any stage to remove any Treater from the Guarantee programme and to cancel the Accredited Treater Agreement, without notifying Customer, but a list of Accredited Treaters will be published by the Company on its website. Any Products supplied by a former Accredited Treater or Treater removed from the Guarantee Programme in respect of Guarantees which have not yet been registered, will not be subject to this Guarantee and no Guarantee registration will be accepted by the Company. Any Products treated by the former Accredited Treater in respect of which a Guarantee has already been registered, will remain subject to this Guarantee if the Accredited Treater treated the Product as required by the Accredited Treater Agreement.

9.4 A list of Accredited Treaters can be found on the Guarantee Registration Form on www.tanalised.co.za.

10. TRANSFER OF THE GUARANTEE

Neither this Guarantee nor any rights, benefits or obligations arising out of this Guarantee may be transferred or passed on to any other person or entity without the prior written consent of the Company, which consent the Company will not unreasonably withhold. Customers may apply to the Company to have the Guarantee transferred. Only the Customer registered in terms of these terms and conditions shall be entitled to any benefits of the Guarantee.

11. ACKNOWLEDGEMENTS BY THE CUSTOMER

The Customer acknowledges that:

11.1 it has read and understood these Terms and Conditions;

11.2 it understands the circumstances in which the Guarantee will not be applicable and those in which a claim will not be paid;

11.3 the Company is only the producer of the chemicals used to treat the Product, and that the Company is neither a supplier nor the promoter of the Product and has not entered into any transaction with the Customer in respect of the supply of the Product as contemplated in the Consumer Protection Act. Accordingly, the Company makes no warranties or promises whatsoever in respect of the Product, other than as set out in this Guarantee.

12. GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be interpreted in accordance with the Laws of the Republic of South Africa from time to time. The Customer agrees that any disputes that may arise out of this Guarantee may be dealt with in a Magistrate’s Court, either where the Customer is resident or where the dispute arose, and the Customer consents to the jurisdiction of such Court.

NOTICE REQUIRED IN TERMS OF SECTION 49 OF THE CONSUMER PROTECTION ACT 2008: CLAUSES IN THE GUARANTEE THAT MAY LIMIT THE RISK OR LIABILITY OF ARCH WOOD PROTECTION (SA) (PTY) LTD, A LONZA COMPANY, HEREAFTER REFERRED TO AS “THE COMPANY”, OR BE AN ACKNOWLEDGEMENT OF FACT BY YOU.

Clause Nature of provision Effect of provision
4.2 Limitation of amount of liability of Arch Wood Protection The effect of this clause is that the Company will not be obliged to pay to you more than the cost of replacing the product that has been Guaranteed, despite any cost, expense, loss or other damage you may suffer.
5 Limit to duration of liability of the Company The effect of this clause is that claims may only be made against the Company under the Guarantee for 15, 25 or 50 years (depending on the product), from the date that the product was purchased from the dealer or other supplier.
6.4 Acknowledgement of fact The effect of this clause is that you confirm that all information provided is true, accurate and complete. If it is not, the Company may not be liable under the Guarantee and will have a claim against you for breach of contract.
6.5 Limitation of liability of the Company The effect of this clause is that you will not be entitled to make any claim under this Guarantee unless you have registered the Guarantee and the Company has accepted the Guarantee in writing.
6.6 Limitation of liability of the Company and assumption of risk by you The effect of this clause is that even if the Company has accepted the Guarantee in writing, it does not mean that all claims made will be paid. There are a number of clauses in the Guarantee that limit the circumstances in which the Company will pay you. By the Company accepting the Guarantee in writing, it does not mean that payment will be made in respect of all claims.
7 Limitation of liability of the Company and assumption of risk by you The effect of this clause is that the Company will not be required to pay you any amount whatsoever if the product which you have bought and for which you have registered the Guarantee, does not:
a. have a TAN symbol on it;
b. is not stamped with an SABS or SATAS stamp of approval;
c. where the Treater has not concluded an Accredited Treater Agreement with the Company or has not complied with any of its requirements in terms of that Agreement; or
d. if the product has not been used as described by the hazard classes in clause 4.1 of the Guarantee and the product is not used in either South Africa or Swaziland.
7.2 Limitation of liability of the Company and assumption of risk by you The effect of this clause is that the Company will not be obliged to, and you will not be entitled to, any payment in terms of this Guarantee if any of the circumstances listed in 7.2.1 to 7.2.11 apply.
8 Limitation of liability of the Company The effect of this clause is that the Company will not be obliged to pay under this Guarantee if you do not comply with all of the terms and conditions of the Guarantee document. The Company is entitled to determine whether or not it considers that you have complied with your obligations or not, but it must be reasonable in doing so.
8.4 Assumption of risk and acknowledgement of fact by you The effect of this clause is that you confirm that all information you give when making a claim is true, accurate and complete. If it is not, the Company may not be liable under the Guarantee and will have a claim against you for breach of contract.
9 Limitation of liability of the Company The effect of clause 9 in general is that the Company will not be obliged to pay any amounts under the Guarantee if your product has not been treated by a Treater who has entered into an Accredited Treater Agreement with the Company. An Accredited Treater Agreement is an agreement between the Treater and the Company which determines the manner in which that Treater treats the products with the Company’s product. If the products are not treated according to the Company’s instructions, it may affect the performance of the product. In addition, if the Treater is an Accredited Treater but does not comply with the Company’s instructions in terms of its Accredited Treater Agreement with the Company, the product will not fall within the Guarantee and you will not be entitled to any payment under this Guarantee at all.
11 Acknowledgement of fact by you The effect of this clause is that you confirm that:

a. you have read all of the terms and conditions and that you understand when you will or will not be paid for claims under the Guarantee;
b. you understand that the Company only makes the chemicals used to treat the products but does not actually apply them to the product or sell the product to you;
c. you have not purchased any products from the Company and there is no supply agreement for the product between you and the Company;
d. the Company makes no promises with regard to the product, other than what it agrees to in this Guarantee.