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Our web site has been updated in September, 2010
Warranty terms
Here we described warranty terms we provide our customers with...
Terms & conditions of Sale (MACHINES and Parts)
I TERMS OF PAYMENT
A. Payment terms are set forth on the sales order or invoice issued by Seller to the Purchaser.
B. Purchaser represents that it is solvent and able to pay for any obligation there under.
II DELIVERY AND TITLE
Seller shall not be liable for any loss, damage or delay in manufacture or shipment due to causes beyond Seller’s control and which cannot be prevented by reasonable diligence, and shall include fire, flood, windstorm, earthquake, other acts of God, strikes, labor troubles, civil commotion, riot, war, civil or military authority priorities, epidemics, quarantine restrictions, delays in transportation, railcar shortages, failure to receive materials, changes required by engineering, acts of Purchaser, and inability to obtain necessary labor, materials or manufacturing facilities. Delay resulting from any such cause or delay in manufacture shall extend shipping dates a reasonable time according to such delay and conditions at Seller’s plant. Seller shall in no event be liable for any direct, indirect or consequential damages arising from delay irrespective of the reasons therefore.
III LIMITED WARRANTY
A. Seller makes no warranties, guarantees, or representations of any kind either expressed or implied, arising by law or otherwise that shall survive delivery of the parts by Seller to Purchaser hereunder, except for Seller’s representations expressly set forth in section III and IV and their paragraphs. To the extent Seller has previously made any representations or statements that could be construed as a warranty and/or guarantee, such representations and statements are hereby superseded.
Seller warrants new parts so far as it is Seller’s own design and manufacture only, under normal use and service, and providing these parts are installed properly, to be free from defects in materials and workmanship for a period of 3 months after date of shipment; or rebuilt, repaired or exchange parts so far as it is Sellers own design, manufacture, rebuild, repair or exchange only, under normal use and service, and providing these parts are installed properly, to be free from defects in materials and workmanship for a period of _____ days after date of shipment.
B. This limited warranty is in lieu of any other expressed or implied warranty including any implied warranty of merchantability or fitness for a particular purpose.
C. Purchaser waives all rights and remedies, warranties, guarantees, obligations or liabilities, expressed or implied, arising by law or otherwise with respect to all parts delivered including without limitation any obligations of Seller with respect to any implied warranty of merchantability; any implied warranty arising from course of performance, course of dealing or usage of trade; any implied warranty of fitness; and any obligation or liability of Seller arising from the negligence of Seller, actual or imputed, or for loss of use, revenue or profit with respect to the part, for any liability of Purchaser to any third party, or any other direct, incidental or consequential damages.
D. This limited warranty shall not apply to any parts which have been repaired or modified by Purchaser without Seller’s prior express written consent, or which have been subjected to any repair, use or negligence which in Seller’s sole judgment has affected the condition or operation thereof.
E. All repairs and replacements made by Seller are subject to the same terms, conditions, limited warranty, disclaimer of warranty, and limitation of liability and remedy as apply to each part sale.
F. With respect to components manufactured by others, Seller’s warranty is limited to the warranty offered by the manufacturer of the component. Effective upon delivery, Seller hereby assigns to Purchaser any and all warranties and claims which it may have received or to which it may be entitled from the manufacturer of any parts, or to which it may be legally entitled to the extent that the same are not extinguished by the sale of the parts. Upon written request of Purchaser, and at Purchaser’s expense, Seller shall give aid and assistance to Purchaser in enforcing the rights of Purchaser arising under such warranties.
IV. LIMITED LIABILITY AND REMEDY
A. Seller’s liability under this warranty is limited to repair or replacement of parts being returned to Seller freight prepaid FCA Toronto, Ontario, Canada, and found upon examination by Seller to its reasonable satisfaction to be defective under conditions of normal use and service within the warranty period. Seller shall have the right to continue efforts to remedy defects by repair or replacement for such period as Seller deems is required.
B. The foregoing limited remedy shall be Purchaser’s sole remedy, whether in contract, tort or otherwise. Seller shall in no event be liable for injuries to persons or property and Seller shall in no event be liable for any direct, incidental, consequential and/or commercial and other damage loss, costs or delay whether direct, indirect or contingent.
V. RETURN OF GOODS
A. No goods may be returned without a Return Material Authorization (RMA) issued by an authorized Woodlandia representative.
B. Unless agreed to by Woodlandia in advance, any authorized returns shall be sent to Seller freight prepaid.
C. Unless agreed to by Woodlandia in advance, any authorized returns will be subject to a restocking fee of 20%.
D. Notwithstanding RETURN OF GOODS section A, B, and C, any authorized returns will be subject to an inspection upon receipt at Woodlandia and any clean-up or rework required to make the parts saleable will be deducted from the credit, in addition to the restocking charge. If the returned goods are deemed not to be saleable, they will be returned to the purchaser freight collect.
E. Goods must be regular stocked parts or units, current engineering version at Woodlandia to be eligible for return.
F. No goods may be returned in thirty (30) days after date of shipment
VI. APLICABLE LAW
This agreement shall be construed and governed for all purposes by the laws of the Province of Ontario, Canada.
