4
WARRANTY / SPECIFICATIONS
LIMITED WARRANTY
Westeel warrants products that it has manufactured and/or that are branded with its name or that of Northern Steel Industries (the “goods”) subject to the
following terms and limitations, (the “warranty”).
Note: The warranty does not apply to products manufactured by Westeel under license (the “licensed products”). The licensed products are solely subject to
warranty terms as they may be set from time to time by the licensing body. The licensed products include but are not necessarily limited to: FLAME
SHIELD, Fireguard, F921, stiP3, AquaSweep and Glasteel. For information on warranty terms applicable to the licensed products, or to determine
whether a product is a licensed product, please consult the Westeel website at
and/or contact Westeel by phone at 1-800-
665-2099.
1.
Duration of Warranty. The duration of the warranty is limited as follows.
i.
External Corrosion – 2 years.
ii.
Internal Corrosion – 2 years.
iii.
Structural Defect – 5 years, except in the case of Mobile Tanks in which case it is 1 year.
iv.
Tank Accessories – 1 year;
v.
Loss of Vacuum – 2 years, except in the case of Underground Tanks in which case it is 30 days from date of delivery to the purchaser.
The duration of the warranty will run from the date of purchase from a dealer or distributor authorized by Westeel, unless otherwise stated (the
"warranty period").
2.
Limitation of Remedies Replacement. Within the warranty period, Westeel will replace the goods and/or original manufactured components
thereof which are found, to Westeel's satisfaction, to be defective. Westeel is not responsible for direct, indirect, special, consequential, or any
other damages of any kind, including personal injury to any individual, howsoever caused, including caused by transportation of the goods for repair
or replacement.
3.
Procedure for Obtaining Service. In the event of a warranty claim, the purchaser must complete any and all information required by Westeel
in order to properly assess or investigate the claim. Westeel will not be responsible for the removal of any of the goods found to be defective, or
transportation charges to and from Westeel's authorized dealer or distributor, or for installation of any replacement goods and/or parts furnished
under the warranty.
4.
Limitations as to Scope of Warranty. The warranty does not extend to defects or damage caused, in whole or in part, by:
i.
use of a kind and/or to a degree not reasonably expected to be made of the goods;
ii.
improper storage of the goods both prior to and after purchase;
iii.
damage caused by, or in the course of, installation or assembly;
iv.
any use of the goods which is not an intended use as specified in Westeel's published product literature, or otherwise specified by Westeel
in writing;
v.
any equipment attached to or used in conjunction with the goods;
vi.
any field modifications or substitutions to original bin components;
vii.
inadequate ventilation or any other circumstance not in keeping with proper maintenance and/or use of the goods;
viii.
acts of God, accident, neglect or abuse of the goods by the purchaser and/or any other individual or entity; or
ix.
Any use or installation inconsistent with Westeel’s Standard Disclaimers.
5.
Limitations as to Manufacturer. The warranty does not cover products sold by Westeel that are not manufactured and/or that are not branded
with its name or that of Northern Steel Industries. In those circumstances, the purchaser is referred to the manufacturer of those products.
6.
Limitation of Implied Warranties and Other Remedies. To the extent allowed by law, neither Westeel nor its dealers, nor any company
affiliated with Westeel makes any warranties, representations, or promises as to the quality, performance, or freedom from defect of any Product
covered by this Warranty.
WESTEEL HEREBY DISCLAIMS, TO THE EXTENT APPLICABLE, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE. A PURCHASER’S ONLY REMEDIES IN CONNECTION WITH THIS WARRANTY ARE THOSE
SET FORTH IN THIS WARRANTY. IN NO EVENT WILL WESTEEL, ITS DEALERS, OR ANY COMPANY AFFILIATED WITH WESTEEL BE
LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
Some jurisdictions do not allow waivers of certain warranties, so the above waivers may not apply to you. In that event, any implied warranties are
limited in duration to ninety (90) days from delivery of the products. You may also have other rights which vary from jurisdiction to jurisdiction.
7.
Exclusive Warranty. This warranty is the only warranty provided by Westeel and all other warranties and/or commitments whether express or
implied and no matter by whom made, statutory or otherwise, are subsumed and replaced by it and are of no legal effect. If any provision of the
warranty is held by a court of competent jurisdiction to be void or unenforceable, in whole or in part, such provision shall be deemed severable and
will not affect or impair the legal validity of any other provision of the warranty.
Note:
An extended warranty may be available for purchase in respect of certain of the goods (the “Guardian Warranty and Environmental
Protection Program”). The terms of the Guardian Warranty and Environmental Protection Program apply only if and when it is purchased.
Please contact a Westeel representative should you wish further information on terms and pricing of the Guardian Warranty and
Environmental Protection Program.