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17 Warranty & Limitations
1.0 WARRANTY
1.1 S3 AIR SYSTEMS has a “No Questions Asked” Warranty Policy for all Aeration
Products purchased from S3 AIR SYSTEMS. That is, all product shall be free
from defects in workmanship and materials for a period of one (1) year from
date of S3 AIR SYSTEMS invoices to the original Customer (“Warranty
Period”).
1.2 The Warranty described herein is provided by S3 AIR SYSTEMS to the
original purchaser of the Product. The Warranty is non-transferable.
1.3 S3 AIR SYSTEMS, at its option, will repair or replace any part covered by the
Warranty in Section 1.1 during the Warranty Period on the following
conditions:
(a) Customer shall notify S3 AIR SYSTEMS of the defect within thirty (30)
days of failure;
(b) Customer shall provide the respective Product’s Serial Number.
(c) S3 AIR SYSTEMS, in its sole discretion, may contract out any repairs
to the Customer or repair agent of its choice.
1.4 Eligible warranty repairs or replacement shall be free of charge to the
original purchaser for materials, labor and shipping in Year 1 of the
Warranty Period.
1.5 S3 AIR SYSTEMS shall be responsible for the repair or replacement of:
(a) Defective parts or subassemblies incorporated in the Product that
are warranted under original manufacturing warranties from OEM or
third party suppliers;
2.0 NOT COVERED BY WARRANTY
2.1 S3 AIR SYSTEMS shall not be responsible for the repair or replacement of:
(a) Products that have been altered or modified in any manner not approved
or authorized by S3 AIR SYSTEMS; or
(b) Damage caused by normal wear and tear, lack of reasonable proper
maintenance, misuse, excessive use, or damage caused by accident,
vandalism or Act of God.
3.0 PURCHASER RESPONSIBILITIES
3.1 In order to establish eligibility for the Warranty set out herein, the Customer
shall;
(a) Notify S3 AIR SYSTEMS of the defect within thirty (30) days of date of
failure and
(b) Provide S3 AIR SYSTEMS with the Product’s Serial Number.
3.2 Where Customer is authorized by S3 AIR SYSTEMS to make the repairs, the
Customer's account shall be credited for the cost of the repairs, provided:
(a) Customer provides S3 AIR SYSTEMS a detailed scope of work, labor hours
required to complete the work, hourly rate and material costs ("Work");
(b) S3 AIR SYSTEMS approves the Work based on the details provided in para. (a);
(c) The warranty repairs and services are completed in a good and workmanlike
manner according to prevailing industry standards;
(d) The repairs are made in accordance with labor rates and price lists approved by
S3 AIR SYSTEMS, or as prescribed by local provincial or State laws;
(e) Customer obtains the prior approval of S3 AIR SYSTEMS if field diagnostic
inspection is required. Travel and expenses must be pre-approved.
4.0 S3 AIR SYSTEMS RESPONSIBILITIES
4.1 S3 AIR SYSTEMS shall reply to the Customer's warranty notice in paragraph
3.1(a) within two (2) days of notification.
4.2 Upon receipt of the Products Serial Number set out in para. 3.1(b), S3 AIR
SYSTEMS will evaluate the warranty claim and will provide a replacement under
the Warranty upon completion of its evaluation.
4.3 S3 AIR SYSTEMS will require the return of the Product to S3 AIR SYSTEMS, the
Customer or as S3 AIR SYSTEMS may choose by issuing an RMA, or may elect to
credit Customer's account for the Customer's cost of the Product.
4.4 S3 AIR SYSTEMS will credit all shipping costs on all approved warranty repairs
provided Customer complies with the shipping and related instructions in the
RMA.
5.0 WARRANTY & LIABILITY LIMITATIONS
5.1 The Warranty provisions herein constitute the full extent of the warranties
supplied by S3 AIR SYSTEMS for the Product.
5.2 S3 AIR SYSTEMS reserves the absolute and unconditional right to deny or
reverse its approval of any Warranty claim in the case of fraud, abuse or error.
5.3 WITHOUT LIMITING THE GENERALITY OF THE FOREGOING AND TO THE EXTENT
PERMITTED BY LAW, S3 AIR SYSTEMS HEREBY EXPRESSLY DISCLAIMS AND
EXCLUDES ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE, WHETHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE
5.4 Where the exclusion of implied or statutory warranties or conditions is
prohibited by law, any such warranties or conditions shall be limited in duration
to the warranty period set out herein..
5.5 SUBJECT TO ANY STATUTORY EXCEPTIONS OR LIABILITY IMPOSED BY LAW,
S3 AIR SYSTEMS's LIABILITY FOR ANY CAUSE WHATSOEVER (INCLUDING
NEGLIGENCE) IS HERBY LIMITED TO ACTUAL DAMAGES IN SUCH AN AMOUNT
AS NOT TO EXCEED THE PURCHASE PRICE OF THE PRODUCT GIVING RISE TO
THE WARRANTY CLAIM.
5.6 IN NO EVENT SHALL S3 AIR SYSTEMS BE LIABLE FOR ANY INCIDENTAL,
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF ADVISED OF THE
POSSIBILITY THEREOF, INCLUDING DAMAGES FOR LOSS OF USE OF THE
PRODUCT, OR LOSS OF BUSINESS OR PROFITS AS A RESULT.
6.0 GENERAL
6.1 This Warranty shall be governed by and subject to the Terms & Conditions of
Sale of the Product, including without limitation “Limited Warranty” and
“Governing Law” provisions thereof.
6.2 For greater clarity, and subject to any local laws or statutes to the contrary, the
provisions of this Warranty shall be governed by the laws of the Province of
Saskatchewan, and shall be subject to the exclusive jurisdiction of the courts
therein.