AIRTRAK® Warranty

1. NICHOLSON Standard Product Warranty – Maximum 10 years

1.1. This Warranty forms part of the Contract between Nicholson and the Buyer of Goods.

1.2. Definitions as follows are used in this Warranty.

1.2.1. “Nicholson” and or “Nicholson Roof Products” means Nicholson STS Ltd – Company No.12826317. Registered office and trading address – Unit 13, Wireless Station Park, Chestnut Lane, Bassingbourn, SG8 5JH.

1.2.2. “Buyer” means the person, company or firm who purchased the Goods from Nicholson pursuant to the Invoice and/or Order Acknowledgment

1.2.3. “Conditions of Sale” means the terms and conditions of sale of Nicholson as appended to this Warranty;

1.2.4. “Contract” means the contract order(s) between Nicholson and the Buyer pursuant to which the Buyer purchased the Goods

1.2.5. “Force Majeure” means any event or cause beyond Nicholson’s reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including without limitation acts of God, explosion, flood, fire or accident, war, terrorism, riot, civil disturbance, acts, regulations, or measures of any kind on the part of any governmental, parliamentary or local authority, strikes, lock-outs or other industrial action, difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery, nuclear, chemical or biological contamination, natural disasters, pandemics or adverse weather conditions;

1.2.6. “Goods” means those Nicholson manufactured roof products or systems, which Nicholson has supplied in accordance with the terms and conditions of the Contract and in respect of which this Warranty is given. For the avoidance of doubt the reference to “Goods” in this Warranty shall not extend to include any Third Party Products unless specifically referred to in the Warranty.

1.2.7. “Invoice” means the invoice sent by Nicholson to the Buyer, following payment by the Buyer, specifying quantities, prices, payment status and delivery details in respect of the Goods and appended to the Conditions of Sale;

1.2.8. “Order Acknowledgment” means the written acknowledgment of an order received by Nicholson from the Buyer, sent via email by Nicholson to the Buyer confirming quantities, prices, payment status and delivery details in respect of the Goods and appended to the Conditions of Sale;

1.2.9. “Primary Function” means the function which the product is intended to perform as set out in clause 2;

1.2.10. “Third Party Products” means any parts, materials or equipment used in the Goods, or in the installation or fitting of, and/or as a fixture to, the Goods which are not themselves manufactured by Nicholson;

1.2.11. “Warranty” has the meaning given to it under clause 1.4;

1.2.12. “Warranty Period” means the period of time specified in this Warranty, commencing on the invoice date and terminating after 10 years from that date. It is the responsibility of the purchaser to ensure that the invoice information is passed to the building owner where applicable. There shall be no Warranty unless proof of purchase is available. Nicholson are not responsible to notify the Buyer of the Warranty termination date.

1.3. Subject to the provisions of these Warranty terms and conditions, Nicholson warrants to the Buyer that during the Warranty Period the Goods will not fail materially and will continue to perform their Primary Function (the “Warranty”).

1.4. This Warranty applies only to goods purchased from directly Nicholson. Nicholson products purchased via a reseller or as part of a roof system via an alternative supplier will be subject to that suppliers/providers Warranty.

1.5. The Buyer’s rights and entitlement to bring a claim or otherwise make recovery under this Warranty shall be subject to the following having been satisfied (and remaining satisfied):

1.5.1. all terms of the Contract (including terms of payment, and Nicholson’s standard Conditions of Sale pertaining to the Goods) are fully observed and complied with by the Buyer;

1.5.2. all product specific Warranty terms and conditions set out in clause 2 are fully observed and complied with by the Buyer; and

1.5.3. all general Warranty terms and conditions set out in clause 3 are fully observed and complied with by the Buyer.

1.5.4. “This document is not intended to constitute a collateral warranty. The parties expressly acknowledge and agree that this document does not create any direct contractual rights or obligations between any third party and NICHOLSON, except as expressly provided herein. No third party shall have any right to enforce any term of this document under the Contracts (Rights of Third Parties) Act 1999, or otherwise, unless expressly stated otherwise in this document.”

1.6. The Warranty is given by Nicholson in reliance upon and upon condition of the accuracy of the information provided by the Buyer. Any inaccuracy in such information provided by the Buyer shall result in Nicholson ceasing to be liable or having any responsibility under this Warranty.

2. Primary Functions & Product Specific Warranty Terms

2.1. AIRTRAK

2.1.1. The primary function of the AIRTRAK range of products is to introduce ventilation to flat and pitched roof structures, in accordance with the data sheet, to help dissipate the build up of moisture vapour which can lead to interstitial condensation.

2.1.2. Special AIRTRAK Warranty conditions

2.1.2.1. The Warranty applies to all stainless steel and lead fabricated AIRTRAK products. Plastic products not manufactured by Nicholson are not covered by this Warranty, but may be covered by the manufacturers Warranty.

2.1.2.2. AIRTRAK products should be fitted in accordance with the fitting instructions especially taking into account the vertical overlap distance shown on the section detail for the product.

2.1.2.3. Low pitch soakers and Clipfast clips must be used as directed by the Nicholson AIRTRAK literature or as suggested by Nicholson technical or sales staff.

2.1.2.4. The AIRTRAK products must be fixed to the substrate in accordance with the fitting guidelines. It is especially important that products that are situated in positions or areas exposed to high wind uplift forces, are secured both at the head of the detail and the secondary fixing is used within the body of the ventilator to resist wind uplift.

2.1.2.5. AIRTRAK details assume moderate weather conditions. Small amounts of moisture may be admitted under heavy storm conditions. Where AIRTRAK products are used in exposed locations, increased vertical overlap dimensions may be required.

2.1.3. Maintenance

2.1.3.1. The Warranty is dependent on any maintenance as set out in the fitting instructions being completed and where necessary recorded.

2.1.4. Specific Exceptions

2.1.4.1. It should be noted that the use of the AIRTRAK products alone may not stop interstitial condensation. Other factors such as the Vapour Control Layer (VCL), the roof construction, insulation and building use, can all affect the amount of moisture vapour within a construction detail. Guidance should be sought from BS5250:2021

2.1.4.2. The Warranty will be void if the building contains a swimming pool and a specific condensation analysis has not first been carried out, along with a ventilation requirement calculation. Nicholson do not undertake the analysis or calculations.

2.1.4.3. AIRTRAK products are designed to resist water ingress under normal circumstances. It should be noted that small amounts of moisture may be admitted under storm conditions. This is not uncommon on roofs and is acceptable provided the moisture can dry out due to ventilation. Where more severe weather conditions are likely, consideration should be given to increasing the vertical overlap dimension to upstands and to slating or tiling junctions to improve the integrity of the weathering detail.

3. Warranty Provision 

3.1. In the event of failure of the Goods to perform the primary function, as set out in clause 2 then provided a valid claim is notified in accordance with the provisions of this Warranty, Nicholson shall at it’s own discretion, without charge to the Buyer and subject to the other provisions of this Warranty, either;

3.1.1. supply new or similar new goods to replace the defective Goods, or

3.1.2. repair and restore the Primary Function of the defective Goods in such a manner as deemed fit by Nicholson.

3.2. Where deemed necessary and appropriate, and at the discretion of NICHOLSON, in addition to the provision of 3.1 and subject to the following conditions below, Nicholson may support the Buyer with a cash payment of upto 100% of the net contract value.

3.3. NICHOLSON’s maximum liability under 3.2 of this contract, shall be limited to the net contract value pertaining to the failed products or a maximum of £10,000, whichever is lower, and shall further be restricted to the extent covered by NICHOLSON’s valid and applicable insurance policies.

3.4. Outside of 3.1 and 3.2 above, Nicholson shall have no liability for costs associated with the removal and reinstatement of failed products including any access, scaffold or temporary protection costs.

3.5. Outside of 3.1 and 3.2 above, Nicholson shall have no further liability to the Buyer, whether for any direct or indirect costs, losses, consequential damages or claims, and the Buyer’s attention is specifically drawn to the provisions of clause 5.10 and clause 6.2.

3.6. Where multiple claims are made by a single purchaser within the Warranty period, the maximum claimable value will be £10,000 in the aggregate.

4. General Warranty Terms and Conditions

4.1. Roof Construction

4.1.1. The roof in question must conform to the current Building Regulations and any other applicable guidance, standards or codes of practice recognised in the industry. Where this is not the case, the Warranty will be void.

4.1.2. There must be no moisture in the roof construction during installation or at any time after installation. If there is moisture within the roof construction, specifically interstitial condensation or ingress not related to the failure of the goods, then the Warranty is void.

4.1.3. There must be no chemical residue in the roof build up. If an existing roof structure has chemical residue, then the Warranty is void.

4.1.4. The Goods are fully covered by our Warranty as long as all materials in the roof construction are new and approved for use in their applications by building control and current building regulations.

4.2. Modifications

4.2.1. The Goods must be in their original state. Any modification of any product for any reason will render the Warranty void.

4.3. Performance

4.3.1. The colour of all coloured, coated and uncoated parts and any other feature of the Goods not essential to the integrity of their primary function and is excluded from this Warranty.

4.4. Environment and Building Use

4.4.1. Our Warranty fully covers roofs on buildings for residential and commercial use governed by any regulations in force concerning the well-being of the occupants. The external and internal roof environment must be safe for humans to work and live in with no extraction systems or breathing apparatus necessary. Outside of these conditions this Warranty is not valid.

4.4.2. Our Warranty fully covers roofs on buildings for industrial use where the environment is equivalent to such use as stated in clause 4.4.1 and the materials used or stored are chemically inert. Outside of these conditions this Warranty is not valid.

4.4.3. Where the distance to saltwater is less than 2km the Warranty cover is reduced to 5 years Where Nicholson is notified and where AIRTRAK-E and ROOFTRAK 316 products are used accordingly the Warranty for these products will be 10 years.

4.4.5. The Warranty is only valid for buildings with an internal temperature range 5°C to 30°C. Outside of these conditions this Warranty is not valid.

4.4.6. There must be no change of purpose or use of the building on which the products are installed.

4.5. Inspections

4.5.1. The Goods should be inspected in line with the planned maintenance inspections for the building. Any deterioration or defect should be notified to Nicholson within 14 days of inspection.

4.6. Storage of Products

4.6.1. The Buyer must ensure that the Goods are stored with all due care and that they do not suffer any damage or corrosion prior to installation.

4.7. Installation 

4.7.1. The Goods must be installed according to the manufacturers Fitting Instructions and conform with current good practice as detailed in relevant industry guidance and codes of practice.

4.7.2. The Goods must be installed in a workmanlike manner using reasonable care and skill so as to avoid damaging the products or the roof on which it is used.

4.7.3. The installer must examine each product before and during installation and reject any products which appear from visual inspection to be defective.

4.7.4. The Goods should be installed using appropriate fixings for the application having regard for the exposure in each case.

4.8. Design

4.8.1. The design of the building and its structure and elements must be to the minimum standard of mechanical performance laid down from time to time in the appropriate Codes of Practice or Building Regulations. It is the Buyer’s responsibility to ensure that this is so.

4.8.2. The design of the roof on which the Goods are used must conform to current Codes of Practice including but not limited to BS 8000, BS 5534, BS 6229 & BS 5250 and relevant Building Regulation in force at that time.

4.8.3. The designer and Buyer must satisfy themselves that the product is suitable for the intended application. Where applicable, independent advice should be sought from a qualified structural engineer to verify that any wind load/structural loads are within the specified max load limits as set out in the product data sheets.

4.8.4. The Warranty shall be void and Nicholson shall have no liability if the roof or any part of the roof shall not be free draining, has a backfall or if the outlets have become or were at any time blocked causing water not to drain from the roof. Nicholson products must not be used in a situation where they might become, to any extent, submerged. Nicholson products should not be used in water attenuating roofs, green roofs or other water holding roof constructions unless specifically designed for such applications and approved by the manufacturer for such use.

4.8.5. It is the designer’s and Buyer’s responsibility to take into account all criteria and apply appropriate safety factors in accordance with the performance data set out in Nicholson’s literature and any other relevant documentation issued from time to time by Nicholson.

4.8.6. Third Party Products and any other materials used or present in the application and their effect on the performance of the Goods are not the responsibility of Nicholson. The designer and Buyer are responsible for checking and verifying that the performance of the Goods will not be adversely affected by other materials used.

4.8.7. Despite any verbal, written or implied information from Nicholson or its employees, the Company is not responsible and has no liability under this Warranty if failure of the Goods or roof area surrounding the Goods is due to the substrate, roof or building construction not being of adequate strength to support the products and any associated loads that are applied during use eg. Wind load / snow load etc.

4.8.8. Where the site condition is different to the installation section detail provided by the manufacturer the installer must take measures to ensure the Nicholson products are installed in a safe and appropriate manner.

5. Limitations & Exlusions

5.1. Where the holder of the Warranty is not the same as the installer of the Goods, the Warranty will only apply for installations where the Warranty holder can confirm to Nicholson that the installation is satisfactory, and is able to provide on demand, proof that the installation methods and standards of the project have been approved.

5.2. This Warranty is conditional on the accuracy of the information about the installation provided to Nicholson at the time the Goods were supplied to the Buyer and shall be void if any relevant information is found to be materially different to that provided to Nicholson.

5.3. Damage resulting from any attachment, extension, modification, alteration, repair, or maintenance work to the installation shall render the Warranty void.

5.4. Damage occurring as a result of freak or extreme weather is excluded from this Warranty.

5.5. Nicholson shall only be liable under this Warranty provided written notice is given as soon as practicable after the alleged failure and in any event within 14 days of the date on which the owner or occupier of the building ought reasonably to have become aware of the alleged failure. Nicholson must be allowed immediate access to the affected area and remedial work must not be carried out before being agreed in writing by Nicholson. This does not apply to any temporary weather proofing or temporary repair work necessary to prevent any escalation of damage to the roofing installation.

5.6. Nicholson obligation under this Warranty in respect of rectification of defective Goods (as referred to in clause 3 above) is limited exclusively to restoring the defective Goods to meet the remaining length of the original Warranty Period. Accordingly, the Warranty Period for any repaired or replaced product or parts shall be limited to the unexpired period for the original supplied Goods.

5.7. Nicholson shall not be deemed to be in breach of this Warranty by reason of any failure to perform any of its obligations in relation to the Goods, nor liable for any consequences, if the failure was due to Force Majeure.

5.8. This Warranty does not extend to include any Third-Party Products unless any such items are specifically referred to in the Warranty. Unless otherwise specified in the Warranty, Nicholson’s liability for all Third-Party Products supplied by it as part of the Contract shall be limited to the equivalent liability to Nicholson of the manufacturers or suppliers of such materials or services.

5.9. This Warranty is not assignable without Nicholson’s prior written consent.

5.10. Nicholson shall have no liability in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever, and whatever the cause thereof, for any increased costs and expenses, for any loss of profit, business, contracts, revenues or anticipated savings, or for any special, indirect or consequential loss or damage of any nature whatsoever, provided always that Nicholson shall have no limit on its liability for death or personal injury caused by Nicholson’s negligence or the negligence of Nicholson’s employees.

6. General

6.1. This Warranty shall be governed by and construed in accordance with the Laws of England and Nicholson and the Buyer of the Goods submit to the exclusive jurisdiction of the English Courts.

6.2. Subject as expressly provided in this Warranty, all warranties, conditions or other terms implied by statute or common law or course of dealings are excluded to the fullest extent permitted by law. To the fullest extent permitted by law this Warranty is in lieu of all other specific warranties and conditions express or implied, and is exclusive and replaces all other warranties, conditions, representations and guarantees in relation to the Goods whether express or implied, whether by statute, at law, in equity or otherwise. Nothing in this Warranty shall exclude or limit Nicholson’s liability for death or personal injury caused by its negligence.

6.3. If any provision of this Warranty is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions of this Warranty and the remainder of the provision in question shall not be affected thereby.