Our builder installed Inex boards in 2016. As we live in a Flame Zone rated area we cannot use timber on our 5 decks.
In 2023 my husband went through a 3metre high deck.
We had an engineer check all of the decks.
The engineer concluded that the Inex decking was delaminating, breaking down in various places had to be replaced. Some immediately.
Despite having a 10 year warranty the manufacturer doesn’t seem to care. He just refers back to having done a Deed of Company Arrangement and takes no responsibility.
We aren’t the only people with this problem. Check out Productreview.com.au.
Not an outcome one might expect. Especially noting the product has a 10 year warranty including defective materials. As a comparison natural timber decking boards properly maintained can last many decades, and are available for lesser rated BAL zones. Unfortunately only non-combustible decking is suitable for BAL - Flame Zone.
Is your post purely advisory re the product?
Or are you seeking advice on how best to proceed in seeking a remedy?
In which instance the options may differ depending on the jurisdiction (State/Territory) for the home building work.
The general warranty statement that Google returns for Inex products does not exclude remedy provided by Australian Consumer Law. There is no mention of a “Deed of Company Arrangement”, hence it is meaningless without details of what is being referred to.
The Choice Consumer web resources include guidance on how to pursue claims against a manufacturer, however for building works it would be prudent to first ensure that any requirements provided for by your Govt legislation and included in the contract with the builder have first been followed.
It is possible that the business that manufactured the decking at the time that you purchased it/installed has gone bankrupt and then purchased by another entity. They might have only purchased the brand or may have purchased the whole former business (operations and brands).
Generally when a business goes through the administration process, there can be conditions in relation to how creditors are dealt with. Warranties held by consumers are considered unsecured creditors and can lose all rights, unless the Deed of Company Arrangement transfers the warranty onto the new owners. It could be in this case that the new owners don’t have any responsibilities for product warranties by the previous business owners.
I would be asking for a copy of the Deed of Company Arrangement from them to see what it says.
I would be also pursuing the installer of the deck, assuming that it was a tradie and not a DIY project. Under the Australian Consumer Law, a tradie is responsible for the works that they carry out.
To note the internet and Google return numerous positive references to the Flame Zone rated decking boards. The ProductReview website suggests the product has been a concern for a number of property owners.
Brickworks Building Products is part of the Brickworks Limited public Australian Company (nominal share market value $1.9b AU).
P.S.
If a substantial portion of the 5-10 year old product is failing as described it deserves a more detailed action by the State/Territory building regulators with the potential for a voluntary or mandatory recall. The role of the ACCC??
Company entered a DOCA in 2019, UBIQ Pty Ltd are therefore for a product purchased in 2016 off the hook it would seem. UBIQ Pty Ltd are no longer under a DOCA but this does not make them responsible to creditors before the DOCA was entered.
If I were @Sugarflower1, I would be exploring options with the tradie that installed the board. Whether this pathway provides an opportunity for resolution is unknown, but there is no harm in pursuing.
Thank you.
We have spoken to the builder. It falls outside his warranty period.
Also, we Contacted ACCC and they said matter should go to Fair Trading. Fair Trading said matter belongs to ACCC.
Took our complaint to NCAT. At the hearing we were told the matter belongs in the Federal Court. We definitely, can’t afford that. Cost to remove Inex boards and relace with a James Hardy product was almost $90,000.
It seems this manufacturer knew his product was faulty and put in place the DOCA in place so he didn’t have to make compensation. We just want people who have used these boards to check them to prevent any injury.
Thank you again for taking the time to respond.
Would it be covered under the building construction authority’s coverage for insurance. It would seem for the value you indicated it would cost, that this initial work done in 2016 might be considered a major work or renovation. Some of these do have long periods of coverage compared to other smaller projects. Worth asking your State’s body or Master Builders if it could be covered…
Is it also possible that your home insurance may also cover the cost of repair/replacement of the faulty product?
For others with similar issues if they are in NSW and within the 6 year period they will have recourse as set out by legislation. Assumes the work has been properly contracted in accordance with the state legislation.
Qld has similar requirements. Other sates and territories?
A form of insurance that might need to be considered when having work done on premises. The page is posted here purely for information purposes of the type of insurance only and is not a recommendation of the law firm that supplied the information.
@BrendanMays is there a possibility Choice may like to look at this as a significant consumer issue given there is a potential building safety issue? It seems unacceptable that NCAT and the ACCC can’t find common ground. Although the NSW State Building Commission and other State’s equivalent should also be proactive in investigating and forcing actions.
I understand your situation. It is a difficult place you find yourself in, I empathise with you on your problem. As the page is possibly read by others who may suffer a similar problem, I have posted information that may assist others who are currently having issues or at some future point have an issue. Hopefully it is a good warning to others who may be thinking of using these types of products, that they need to very carefully consider their choices and look at reviews and potential issues they may face before they commence the work, including insuring the work for possible defects that may occur.
It is likely nothing can be done if the business changed hands as a result of the administration/insolvency process. The previous owners will be responsible, not the new owners. There are risks of buying an insolvent business, not only financial risks but reputational risks.
If the business managed to trade through administration and ‘survive’, it is likely shareholders/owners and management are very different to the previous business. Example being the business could be owned by creditors. Likewise past liabilities could be extinguished.
Without seeing the Deed of Arrangement, what was implemented is unknown along with what avenues to pursue to try and seek redress, if they exist.
The matter is no longer a consumer issue per say, but a legal one. As it is a legal matter, the community isn’t the place to provide legal advice. It is suggested that legal advice is sought, as suggested by NCAT, to determine whether taking the matter further is likely to achieve any success. @grahroll has posted elsewhere within the community how this can be done, such as
According to BCR Advisory (the Administrators under the DOCA) the business was eventually released from the DOCA and continues trading and as far as I know no change of ownership. The DOCA would have terms that probably largely absolved the business from any creditor liability prior to the DOCA coming into force. The deck was constructed in 2016, the DOCA commenced in 2019, and the business was released sometime later (a date I did not get from BCR Advisory) from the DOCA and now trades uninhibited by any Administration or terms of a DOCA.
As indicated above, the Deed of Arrangement will be important to determine if any liabilities exist. This is possibly why ACCC, Office of Fair Trading and NCAT are unable to pursue a claim, as it is no longer a consumer rights issue under the Australian Consumer Law. As it is a legal matter, it is something which the community is unable to provide advice on.
To pursue this through solicitors or the courts would be extremely costly. As far as we are aware there be no change of ownership.
We have accepted that unless there was a class action we have no hope of any compensation. We are just trying to put it out there for the who have used the product to keep checking the decking for any signs of the boards breaking down. Our builder bought it from Bunnings so we guess that there is a lot of it out there.
One of our decks is 5 metres above the ground and hate to think of the consequences if anyone had fallen through this one.
