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SECTION 8 WARRANTY POLICY
Malo Welding Products Ltd., Warranty Policy
Effective August 1
st
, 2004
LIMITED WARRANTY - Subject to the terms and
conditions below, Malo Welding Products Ltd.,
warrants to its original retail purchaser that new
equipment sold after the effective date of this
limited warranty is free of defects in material and
workmanship at the time it is shipped. THIS
WARRANTY IS EXPRESSLY IN LIEU OF ALL
OTHER WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING THE WARRANTIES OF
MERCHANTABILITY AND FITNESS.
Within the warranty periods listed below, Malo
Welding Products Ltd will repair or replace any
warranted parts or components that fail due to such
defects in material or workmanship. Malo Welding
Products Ltd., must be notified, in writing within
thirty (30) days of such defect or failure, at which
time Malo Welding Products Ltd. will provide
instructions on the warranty claim procedures to be
followed.
Malo Welding Products Ltd. shall honor warranty
claims on warranted equipment listed below in the
event of such a failure within the warranty time
periods. All warranty time periods start on the date
that the equipment was delivered to the original
retail purchaser, or one year after the equipment is
sent to a North American distributor.
1.
3 Years - Parts and Labor
Power Sources
Wire Feeders
2.
90 Days - Parts (No Labor)
MIG Guns
Remote Controls
Accessory Kits
Replacement Parts (No labor)
Malo Welding Products Ltd.’s limited Warranty shall
not apply to:
1. Consumable components; such as contact tips,
cutting nozzles, contactors, brushes, slip rings,
relays or parts that fail due to normal wear.
2.
Equipment that has been modified by any
party other than Malo Welding Products Ltd., or
equipment that has been improperly installed,
improperly operated or misused based upon
industry standards, or equipment which has not had
reasonable and necessary maintenance, or
equipment which has been used for operation
outside of the specifications for the equipment.
MALO WELDING PRODUCTS LTD.’S PRODUCTS
ARE INTENDED FOR PURCHASE AND USE BY
COMMERCIAL/INDUSTRIAL USERS AND
PERSONS TRAINED AND EXPERIENCED IN THE
USE AND MAINTENANCE OF WELDING
EQUIPMENT.
In the event of a warranty claim covered by this
warranty, the exclusive remedies shall be, at Malo
Welding Products Ltd. ’s option: (1) repair; or (2)
replacement; or, where authorized in writing by
Malo Welding Products Ltd., in appropriate cases,
(3) the reasonable cost of repair or replacement at
an authorized service station; or (4) payment of or
credit for the purchase price (less reasonable
depreciation based upon actual use) upon return of
the goods at customer's risk and expense. No
compensation or reimbursement for transportation
costs of any kind will be allowed.
TO THE EXTENT PERMITTED BY LAW, THE
REMEDIES PROVIDED HEREIN ARE THE SOLE
AND EXCLUSIVE REMEDIES. IN NO EVENT
SHALL MALO WELDING PRODUCTS LTD., BE
LIABLE FOR DIRECT, INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES
(INCLUDING LOSS OF PROFIT), WHETHER
BASED ON CONTRACT, TORT OR ANY OTHER
LEGAL THEORY.
ANY EXPRESS WARRANTY NOT PROVIDED
HEREIN AND ANY IMPLIED WARRANTY,
GUARANTY OR REPRESENTATION AS TO
PERFORMANCE, AND ANY REMEDY FOR
BREACH OF CONTRACT TORT OR ANY OTHER
LEGAL THEORY WHICH, BUT FOR THIS
PROVISION, MIGHT ARISE BY IMPLICATION,
OPERATION OF LAW, CUSTOM OF TRADE OR
COURSE OF DEALING, INCLUDING ANY
IMPLIED WARRANTY OF MERCHANTABILITY
OR FITNESS FOR PARTICULAR PURPOSE,
WITH RESPECT TO ANY AND ALL EQUIPMENT
FURNISHED BY MALO WELDING PRODUCTS
LTD., IS EXCLUDED AND DISCLAIMED BY MALO
WELDING PRODUCTS LTD.,.
Some states in the U.SA do not allow limitations of
how long an implied warranty lasts, or the exclusion
of incidental, indirect, special or consequential
damages, so the above limitation or exclusion may
not apply to you. This warranty provides specific
legal rights, and other rights may be available, but
may vary from state to state.
In Canada, legislation in some provinces provides
for certain additional warranties or remedies other
than as stated herein, and to the extent that they
may not be waived, the limitations and exclusions
set out above may not apply. This Limited Warranty
provides specific legal rights, and other rights may
be available, but may vary from province to
province.
