Fume Boss FB-800-015N1, Operation & Maintenance Manual

Page: 26 / 28

26
TERMS AND CONDITIONS TO SALES ORDERS
1. INTERPRETATION
1.1. All references to “we”, “us” or “our” herein mean Fume Boss.
1.2. All references to “you” or “your” herein mean:
a. the “Customer” referred to herein and in the Sales Order joining these presents (such Sales Order together with any amendments,
supplements and additional agreements related thereto and all annexes and schedules in respect thereof, collectively the “Sales Order”);
and
b. any affiliates and any party related, whether directly or indirectly, to such “Customer”.
2. LIMITED WARRANTY AND LIABILITY
2.1. All units and equipment sold by us to you (collectively “Units”) pursuant to the Sales Order are warranted to be free from defects in material
for a period of 2 years from the date of purchase (the “Warranty Period”).
2.2. We expressly exclude all warranties whatsoever, other than those included at Section hereof, express or implied, legal or conventional,
including, without limitation, any and all warranties of quality, merchantability and fitness for a particular purpose.
2.3. We will repair or replace, at our discretion, any defective parts that fail during the Warranty Period. The client will be responsible to return
defective parts to the manufacturer’s plant with freight prepaid. This warranty is limited to replacement parts ONLY, subject to on-site or
in- house evaluation of defective materials and does not apply to any personal liability or property loss that occurs due to the use or
installation of this equipment.
2.4. During the Warranty Period, prior to any warranty work being effected, any such work must be pre-approved by us by sending a request to us
at info@ccmechanical.ca in the prescribed warranty claim form available on our website at www.fumeboss.com . All such work must be
completed by us or a party expressly authorized by us. We may charge you any costs, expenses and disbursements incurred by us to effect
such work, the whole in our entire discretion.
2.5. In the event that you direct a third-party to complete any service or warranty work during the Warranty Period and:
a. the authorization and approval pursuant to Section 2.4 hereof has been received but such third-party has not been expressly authorized
by us to complete such work; or
b. the authorization and approval has not been received pursuant to Section 2.4 hereof, then any costs, expenses and disbursements of
such third-party for such work shall be borne entirely by you.
2.6. Any repair, rework or modifications of any sort, including, without limitation, modifications to software, hardware and components, not
authorized by us or completed by anyone other than us, or a party authorized by us, will void the warranty set forth at Section 2.2 hereof.
2.7. To the extent that any Units are integrated with any products, equipment, units, connections and/or systems of a third-party (“Third-Party
Products”), we hereby expressly exclude all of the following warranties, express or implied, namely:
a. warranty against defects of any kind (latent or apparent), fitness for purpose, merchantability or functionality to the extent of any such
Third-Party Products; and
b. any warranty against any defects or problems of any kind, whether latent or apparent, in respect of Units or a Third-Party Product,
caused or arising directly or indirectly as a result of the integration with or use of Units in connection with any Third-Party Product.
2.8. You hereby expressly waive and renounce to any and all claims against us relating to loss of profits, loss of business or goodwill, interruption
of business and all indirect, special, incidental or consequential damages of any kind whether arising from or in connection with the Sales
Order or from the use of Units, however caused, and whether in the nature of breach of obligations, breach of warranty, repudiation of
contract, tort, negligence (save in the event of gross negligence or intentional fault) or otherwise. Accordingly, save in the event of gross
negligence or intentional fault, we shall have no liability whatsoever towards you under these presents or the Sales Order for any losses or
damages, direct or indirect, consequential, exemplary, incidental or otherwise, regardless of whether we received advanced notice or were
advised of the possibility of such claim, loss or damage.
2.9. You are solely responsible for:
a. determining if Units fit your particular purpose and are suitable for your designated process, application, fitment, tooling, set-up and
uses(s); and
b. all hazards associated with your processes, products and ingredients, regardless of whether the hazards relate to fire, explosion, material
handling, exposure to harmful dusts, fumes or other contaminants, or any other hazard that poses a risk to persons or property.
2.10. Unless otherwise expressly agreed and indicated and without limiting any of the foregoing, we do not provide any guarantee or warranty with
respect to compliance with process safety, environmental health and safety or codes and standards.
2.11. Without limiting any of the foregoing, you hereby undertake to indemnify and hold us harmless and you agree to fully indemnify and defend
us, at your sole cost and expense, against any and all present and future, actual, potential, contingent or threatened suits, actions or
claims, of any nature or source whatsoever, which may, at any time, be made or asserted against us by any person, including, without
limitation, your employees (current or former), contractors, representatives or any third-party, directly or indirectly, for any reason
whatsoever, related to and/or arising from exposure to emissions, dust, fumes, pollutants or noxious substances from your processes,
materials, ingredients, systems or improper use of Units.