Terms & Conditions

1. LIMITED WARRANTY

Subject to the terms and conditions herein, RUBBER SEALANT ("RUBBER SEALANT"), a company registered under the laws of South Africa, warrants to the original purchaser ("Purchaser") that, at the time of delivery, the product purchased ("Product") is free from manufacturing defects and conforms to RUBBER SEALANT’s written specifications. These specifications are available upon request from RUBBER SEALANT’s Head Office. This Limited Warranty ("Warranty") constitutes the sole warranty provided by RUBBER SEALANT in respect of the Product and supersedes:

(a) Any prior warranties, whether express or implied, contained in any previous documentation or agreements relating to the Product; and

(b) Any warranty terms in RUBBER SEALANT’s order acknowledgments, save for terms unrelated to the Warranty, which remain unaffected.

This Warranty is non-transferable and applies only to the original Purchaser.

2. LIMITATIONS

2.1 To the fullest extent permitted by South African law, including the Consumer Protection Act 68 of 2008 ("CPA"), this Warranty is the sole and exclusive warranty provided by RUBBER SEALANT. RUBBER SEALANT disclaims all other warranties, whether express, implied, statutory, or arising from trade usage, including but not limited to warranties of merchantability or fitness for a particular purpose, except where such disclaimers are prohibited by law.

2.2 Where the CPA or other applicable law implies a warranty (e.g., under Section 56 of the CPA, which provides an implied warranty of quality), the duration of such implied warranty shall be limited to the duration of this Warranty, unless otherwise required by law.

2.3 This Warranty does not affect the Purchaser’s statutory rights under the CPA or other applicable South African legislation, which may vary depending on the Purchaser’s status as a consumer (as defined in Section 1 of the CPA) and the nature of the transaction.

3. DURATION OF WARRANTY

3.1 The Warranty duration for Products used as part of a "Qualifying Application System" is specified in the table below. A Qualifying Application System requires:

(a) The use of three or more RUBBER SEALANT Products;

(b) At least one Product from each applicable product category; and

(c) Exclusive use of Products.

3.2 Where a Qualifying Application System includes Products with differing Warranty durations, the shortest duration applies to the entire system.

3.3 For Products not forming part of a Qualifying Application System, the Warranty duration is three (3) years from the date of delivery, unless otherwise specified in writing by RUBBER SEALANT.

APPLICATION WARRANTY DURATION TABLE

Product CategoryWarranty DurationRubberising Product13 yearsSurface Preparation Materials3 years

4. CONDITIONS

4.1 This Warranty applies only if:

(a) The Product is installed and maintained in strict accordance with:

(i) RUBBER SEALANT’s most recent Technical Data Sheet (available from RUBBER SEALANT’s Head Office);

(ii) The manufacturer’s instructions, guidelines, and data;

(iii) Applicable South African building codes and standards (e.g., SANS 10400); and

(iv) Standard industry practices as recognised in South Africa.

(b) The Product is used within its shelf life and stored as specified in the Technical Data Sheet.

(c) The Purchaser tests the Product’s suitability for its intended use prior to installation. RUBBER SEALANT does not warrant suitability for specific applications beyond its written specifications and accepts no liability for such determinations.

(d) In the event of an alleged defect, the Purchaser notifies RUBBER SEALANT in writing within 30 days of discovery and provides RUBBER SEALANT with a reasonable opportunity to inspect the installation and take samples before any repair or replacement work is undertaken.

4.2 Failure to comply with these conditions voids the Warranty, subject to the Purchaser’s rights under the CPA.

5. EXCLUSIONS

5.1 This Warranty does not cover damage or defects resulting from:

(a) Structural failure, faulty design, movement, excessive deflection, or inadequate substrate preparation, or surfaces where water ingress is unavoidable, not attributable to RUBBER SEALANT;

(b) Moisture levels exceeding those specified in RUBBER SEALANT’s Technical Data Sheet or manufacturer’s guidelines, including moisture from substrates, atmospheric conditions, flooding, leaks, or hydrostatic pressure;

(c) Exposure to temperatures or humidity outside the Product’s specified tolerances;

(d) Acts of God, negligence, misuse, or improper alteration by the Purchaser or third parties;

(e) Normal wear and tear, or changes in appearance due to sunlight, aging, efflorescence, or inherent properties of cementitious products;

(f) Exposure to corrosive materials, contaminants, or industrial conditions involving chemical or mechanical abuse; or

(g) Variations in colour, shade, or texture from samples or marketing materials.

5.2 These exclusions do not limit the Purchaser’s rights under Section 55 of the CPA (right to safe, good-quality goods) where applicable.

6. REMEDY FOR BREACH OF WARRANTY

6.1 For a valid claim under this Warranty:

(a) If the claim relates to a Qualifying Application System, RUBBER SEALANT shall, at its discretion, either:

(i) Supply replacement Products; or

(ii) Pay the reasonable cost of materials and labour (calculated per square meter) to repair or replace the defective portion of the original installation.

(b) For all other valid claims, RUBBER SEALANT shall, at its discretion, either:

(i) Supply replacement Products for the defective portion; or

(ii) Refund the original purchase price of the defective Product.

6.2 The remedies in clause 6.1 are the Purchaser’s sole and exclusive remedies under this Warranty.

6.3 To the maximum extent permitted by law, RUBBER SEALANT shall not be liable for direct, indirect, incidental, consequential, special, economic, or other damages (including loss of profits or business opportunity), whether arising in contract, delict, or otherwise. This limitation does not apply where prohibited by the CPA (e.g., Section 61, which imposes strict liability for harm caused by defective goods).

6.4 Where the CPA applies, remedies under this Warranty are in addition to, and do not exclude, the Purchaser’s rights under Sections 56 and 61 of the CPA.

7. MAKING A CLAIM

7.1 Claims must be submitted in writing to RUBBER SEALANT at [email protected] within 30 days of discovering an alleged defect, accompanied by proof of purchase (e.g., invoice or receipt).

7.2 No claim will be valid if repair or replacement work is undertaken before RUBBER SEALANT has inspected the installation and taken samples, unless such prior action is permitted under the CPA (e.g., urgent safety concerns).

7.3 RUBBER SEALANT reserves the right to investigate claims and determine their validity in accordance with this Warranty and applicable law.

8. GENERAL PROVISIONS

8.1 Severability: If any provision of this Warranty is found to be unlawful, invalid, or unenforceable by a South African court, that provision shall be severed, and the remaining provisions shall remain in full force to the extent permitted by law.

8.2 Governing Law: This Warranty is governed by the laws of South Africa. Any disputes shall be subject to the exclusive jurisdiction of the South African courts, provided that this does not limit the Purchaser’s rights to approach the National Consumer Commission or other bodies under the CPA.

8.3 CPA Compliance: Where the Purchaser is a "consumer" under the CPA, nothing in this Warranty limits or exempts RUBBER SEALANT from liability for gross negligence, unfair contract terms, or other conduct prohibited under Sections 48, 51, or 61 of the CPA.

8.4 Fallback Provisions: If this Warranty is deemed unenforceable in its entirety, the warranty disclaimers in RUBBER SEALANT’s Technical Data Sheet and Product labelling shall apply as the sole warranty terms.

Last updated: 01 January 2020

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://rubbersealant.co.za website and the ​My Mobile App (change this)​ mobile application (the “Service”) operated by ​My Company (change this)​ (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

TERMINATION

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

LINKS TO OTHER WEB SITES

Our Service may contain links to third-party web sites or services that are not owned or controlled by ​Rubber Sealant.

Rubber Sealant has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that ​Rubber Sealant shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

CHANGES

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least ​7 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

CONTACT US

If you have any questions about this Terms & Conditions, please contact us:

By email: [email protected], [email protected] or [email protected]
By phone number or Whatsapp: 083 822 7675 or 072 332 7504