How product warranties, implied warranties and Clause B2's durability requirements interrelate
Whether product warranties or implied warranties apply and how they relate to the Building Code durability requirements in any particular circumstance must be considered case by case.
However, the following points provide a useful general guide:
- The existence of a product warranty does not itself mean the product necessarily meets the durability requirements under Clause B2 of the Building Code. While the product warranty is something that can be considered when assessing durability, other relevant matters should be considered.
- A product warranty may help to repair or replace the product when there are problems, or compensate for any damage.
- Product warranties, which are voluntarily offered by a business, are different from the Building Act's 'implied warranties'. A contractor for residential building work or a commercial on-seller has no choice about whether to offer the implied warranties.
- If a product fails because it was used for the wrong purpose, it would not be a breach of the manufacturer's product warranty, but may be a breach of the contractor's or commercial on-seller's implied warranty that the materials used in building the household unit will be 'suitable for the purpose'.
- Where a product is faulty, as well as any claim under the implied warranties the product was not 'suitable for purpose', a homeowner may have a separate claim against the manufacturer under any manufacturer product warranties the owner relied on.
- If building work by a contractor or commercial on-seller does not meet Building Code durability requirements, the contractor or on-seller could also be in breach of contract for failing to comply with some of the implied warranties (for example, failing to do the work according to legal requirements, failing to do the work in a 'proper and competent manner' with 'reasonable care and skill', or failing to use materials that are 'suitable for the purpose they are used').