Pivoting Extension Boom
15
13 WARRANTY
13.1
Coverage:
Aireau Quality Control Inc. or its designated affiliate (the "Seller") selling the product
(the "Product"), warrants that the Product sold by Seller will be free from defects in material and
workmanship for a period of 12 months from the date of its installation or 14 months from the
date of shipment by Seller, whichever date is earlier (the "Warranty Period").
13.2
Exceptions:
This warranty does not apply to any Product or portion thereof that: (i) has been used
in a manner not in compliance with Seller’s or manufacturer’s documentation and instructions, (ii)
has had changes, alterations or repairs made by a person other than a person authorized by Seller,
(iii) has been improperly installed or used or has been installed or used contrary to applicable
codes, standards, laws and regulations, (iv) has been subjected to improper storage, accident,
neglect, misuse or abuse, (v) has been damaged during shipping, (vi) has been subject to damages
resulting from normal wear and tear, (vii) has not been used with appropriate fire protection
systems or explosion venting when required or (viii) has not been installed by a licensed contractor
with experience in fire and explosion hazards and applicable codes, laws and regulations . For
greater certainty, this warranty does not apply to filters sold as part of, or for use with, the Product.
Unless specifically accepted otherwise in writing by Seller, Seller does not warrant that electrical
equipment will comply with any laws or regulations of the customer’s jurisdiction.
13.3
Claims:
To benefit from this warranty, customer must notify Seller in writing of the Product defect,
which notice shall include a reasonable description of the defect, within 10 days from the date such
defect is discovered or ought to have been discovered.
13.4
Remedy:
During the Warranty Period and subject to the terms herein, Seller will, at its option,
either: (i) repair or replace the Product or any defective parts or components (except for filters)
with Product, parts or components (except filters) free from defect or (ii) credit or refund the
purchase price of the Product. If Seller so requests, customer must return the defective Product to
Seller’s place of business determined by Seller. Shipping, installation, removal and re-installation
costs will be solely borne by the customer.
The foregoing shall be customer’s sole and exclusive
remedy for any defect in the product, its parts and components and for any breach of the
warranty herein.
13.5
Disclaimer:
Except as set forth in this section 1, each of seller, its affiliates and their directors,
officers, subcontractors and representatives (the "seller parties") disclaims all representations
and warranties, whether written, oral, express, implied, statutory, or otherwise, including
all implied warranties of merchantability, quality, fitness for a particular purpose, non-
infringement, and warranties arising from a course of dealing, course of performance, usage,
or trade practice and customer hereby expressly waives any right related thereto. Without
limitation to the foregoing and except as expressly set out herein, the seller parties do not
represent or warrant that: (a) the use of the product will be timely, uninterrupted or operate
in combination with any other hardware, software, system or data or (b) the product will meet
customer’s intended use, requirements or expectations.
