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1. Warranty
Kentain Products Limited ("Kentain") warrants
to the purchaser only, and to no other person, that
each product supplied by Kentain shall be free from
any defect in materials or workmanship at the time of
delivery. The purchaser, by acceptance of delivery of
the product, acknowledges that, subject to any defects
in materials or workmanship as aforesaid, the product
is suitable for the purpose for which it is required
by the purchaser and that the purchaser is not relying
upon any inducement, representation or warranty of suitability
or quality except as may be otherwise expressly stated
in writing in this quotation.
2. Limitation
of Liability
Kentain’s liability under the foregoing exclusive
warranty shall be limited as follows. Kentain shall,
at its option, either repair, replace or refund the
purchase price (less a reasonable allowance for use
by the purchaser since original delivery) of any product
subsequently found to have been defective as to materials
or workmanship at the time of delivery by Kentain; PROVIDED
THAT written notice of any such defect shall have been
given by the purchaser to Kentain and the product shall
have been returned to Kentain at its Kitchener, Ontario
plant within the period of one year next following the
date of the original delivery of the product by Kentain.
All other representations, warranties or liabilities
by Kentain are hereby excluded.
3. Shipping
and Installation
Shipping and Installation of the product shall be at
the purchaser’s cost and risk. The purchaser must
also pay the cost of any repair or replacement of the
product required by reason of:
(a) mishandling outside of Kentain’s plant;
(b) improper installation or use
(c) the inadequate preparation, or the failure, of any
tank, container, earthwork or other support structure,
piping or control devices; or
(d) damage resulting from adverse weather or environmental
conditions.
3. Condition
of Contract
Any contract resulting from this quotation
is entered into by Kentain only upon the condition that,
apart from the liability for the repair, replacement
or refund respecting defective materials or workmanship
as herein provided, Kentain Shall not be liable for
any loss, injury or damage suffered by any person, however
caused, nor for and claim however arising out of, or
in any way in connection with, the purchase, supply,
handling, installation, testing, use, inspection, maintenance,
repair, deterioration or failure of the product, in
any manner whatsoever.
4. Delays
Shipping dates given prior to shipment
are estimated only and Kentain shall not be liable for
delays resulting from causes beyond its reasonable control
such as acts of God, war, strikes, slowdown, errors
in manufacture, fire, failures or delays of its usual
sources of supply of raw materials, government orders
of requests; nor shall Kentain in any event be liable
for consequential or special damages caused by any delay.
5. Cancellation
of Orders
Any order(s) resulting from this
quotation may be cancelled provided the purchaser or
his agent fully reimburse Kentain for the cost of all
materials and equipment purchased or in progress of
manufacture, labour performed, engineering design, cancellation
charges on orders placed with suppliers, overhead and
anticipated loss of profit.
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