Canada Metal (Pacific) Ltd. warrants all products to be free of defects in workmanship and material for a period of one (1) year when used under normal conditions and for which use they are intended. Canada Metal (Pacific) Ltd. shall not be liable for any incidental, consequential or special damages, without limitation any lost profits, business interruption, loss of opportunity or loss of revenue, resulting from the misuse of Canada Metal (Pacific) Ltd. products and does not assume any liability of purchaser or others for injury to persons or property. Canada Metal (Pacific) Ltd. makes no express or implied warranties other than the warranties set forth herein, including without limitation, the warranties of merchantability, fitness for a particular purpose, or from any trade usage.
If Canada Metal (Pacific) Ltd. determines that the product defect was not the result of misuse or neglect, Canada Metal (Pacific) Ltd. will repair or replace such product at Canada Metal (Pacific) Ltd.’s cost. The parties hereto expressly agree that buyer's sole and exclusive remedy against Canada Metal (Pacific) Ltd. shall be for the repair or replacement of defective goods. The exclusive remedy shall not be deemed to have failed of its essential purpose so long as Canada Metal (Pacific) Ltd. is willing and able to repair or replace the defective goods in the prescribed manner.
THE FOREGOING WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING THOSE OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE NOT EXPRESSLY SET FORTH HEREIN, AND CANADA METAL (PACIFIC) LTD. MAKES NO OTHER REPRESENTATION OR WARRANTY OF ANY KIND.
This aforementioned warranty is limited to repair and/or replacement, and does not cover labor or other costs or expenses to remove or install any defective, repaired or replaced goods. This warranty policy will not cover any product which has been subjected to misuse, mishandling, misapplication, improper maintenance, accident, improper installation, modification or adjustment.
Any claim by buyer shall be deemed waived by the buyer unless submitted in writing to Canada Metal (Pacific) Ltd. Any defective product must be returned with a Return Goods Authorization # before being returned to Canada Metal (Pacific) Ltd. A copy of the original sales receipt, must accompany all claims. The freight on the defective goods is the responsibility of the buyer.
CANADA METAL (PACIFIC) LTD.’S LIABILITY FOR ITS GOODS SHALL BE LIMITED TO REPAIRING OR REPLACING PRODUCT FOUND BY CANADA METAL (PACIFIC) LTD. TO BE DEFECTIVE, OR AT CANADA METAL (PACIFIC) LTD.’S OPTION, TO REFUNDING THE PURCHASE PRICE OF SUCH GOODS OR PARTS THEREOF.
CANADA METAL (PACIFIC) LTD. SHALL NOT BE LIABLE FOR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS POLICY, INCLUDING WITHOUT LIMITATION TO BREACH OF ANY OBLIGATION IMPOSED ON CANADA METAL (PACIFIC) LTD. HEREUNDER OR IN CONNECTION HEREWITH. CONSEQUENTIAL DAMAGES FOR PURPOSES HEREOF SHALL INCLUDE, WITHOUT LIMITATION LOSS OF USE, INCOME OR PROFIT OR LOSSES SUSTAINED AS THE RESULT OF INJURY (INCLUDING DEATH) TO ANY PERSON OR LOSS OF OR DAMAGE TO PROPERTY OR DAMAGES OR LOSSES SUSTAINED AS THE RESULT OF WORK STOPPAGE. BUYER SHALL INDEMNIFY AGAINST ALL LIABILITY, COST OR EXPENSE WHICH MAY BE SUSTAINED BY CANADA METAL (PACIFIC) LTD. ON ACCOUNT OF ANY SUCH LOSS, DAMAGE OR INJURY.
Some States and/or Provinces do not allow the limitation of incidental or consequential damages, or on the duration of an implied warranty so the above limitations or exclusions may not apply to you. This warranty may vary from State to State or Province to Province. This warranty gives you specific legal rights and you may also have other rights which vary from State to State or Province to Province.