Standard Warranty for all Products
Ariel Technology, Inc. (“Manufacturer”)
Ariel Technology Inc. is the manufacturer (the “Manufacturer”) of the products (the “Products”) contained within the Products Instruction Manual and Product Catalogues. This warranty solely applies to the Products manufactured by the Manufacturer.
Warranty Terms and Conditions (“Warranty Terms”):
- The Manufacturer warrants that on the date of shipment the Products are of the kind and quality described herein and are free of non-conformities in workmanship and material.Buyer’s exclusive remedy for a nonconformity in any item of the Products shall be the replacement (at the Manufacturer’s option) of the item and any affected part of the Products, provided: (a) the non conforming product failed during normal, intended and proper use as per the Product’s Instruction Manual and Product Catalogue of such product; (b) the failure is not attributable to improper or unauthorized application, storage, handling, modification, installation or use; and (c) the Manufacturer is given the reasonable opportunity to inspect the non-conforming product.
- The Manufacturer’s obligation to repair or replace shall be in effect for a period of one (1) year from initial use of the Products but not more than eighteen (18) months from the Manufacturer’s shipment of the Products, provided the Buyer has sent a written notice within that period of time to the Manufacturer that the Products do not conform to the above warranty. Any replaced Product shall be warranted for the remainder of the original period of notification set forth above, but in no event less than 12 months from repair or replacement. At its expense, the Buyer shall remove and ship to the Manufacturer any such nonconforming items and shall reinstall the replaced Product. The shipment address for the Manufacturer is: Unit 9- 1111 Gorham Street, Newmarket, ON L3Y 8X8. The Buyer shall grant the Manufacturer access to the Product (intended to be replaced) at all reasonable times in order for the Manufacturer to determine any nonconformity in the Product. The Manufacturer shall have the right of disposal of the Product replaced by it. If the Manufacturer is unable or unwilling to replace, or if replacement Product does not remedy the nonconformity, the Manufacturer and the Buyer shall negotiate an equitable adjustment in the purchase price, which may or may not include a full refund of the price of such nonconforming Product.
- Except for as provided in the Products Instructions Manual, the Manufacturer does not warrant and is not responsible for:(i) Failures, defects or limitations in performance caused by or due to, in whole or in part: a) power outages/failures or power surges, water or floods, snow, ice, weather conditions, such as excessive cold or hot temperatures, excessive humidity levels, accidents, use of Products in corrosive environments, failure caused by third parties actions, acts of God, or other such events outside the Manufacturer’s control; b) customer’s non-compliance with the Manufacturer’s Products Instruction Manual and Product Catalogues, negligence, mishandling, improper use or storage, attempts to repair or alter the Products in any way with consulting the Manufacturer, and servicing of the Products; and c) use of Products in combination with other equipment or products which lack a qualified agency’s approval for quality. Any alternations or modifications to the whole or a part of the Product without the Manufacturer’s prior written authorization, voids this Warranty.
- THE MANUFACTURER HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS, CONDITIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THOSE CONTAINED IN THE SALES OF GOODS ACT, ONTARIO, R.S.O. 1990, c. S.1. AND THE CIVIL CODE OF QUEBEC, CQLR CCQ-1991. THE MANUFACTURER SPECIFICALLY DISCLAIMS, INCLUDING BY WAY OF EXAMPLE AND NOT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL THE MANUFACTURER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER ARISING IN CONTRACT, TORT OR OTHERWISE UNDER ANY LEGAL PRINCIPLE, THEORY OR LAWS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH HERE WILL APPLY EVEN IF THE REMEDIES OF ERROR CORRECTION, REPAIR OR REPLACEMENT, REPERFORMANCE OF SERVICES AND REFUND OF PAYMENTS COMPLETELY FAIL OF THEIR ESSENTIAL PURPOSE. NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE LIMIT OF MANUFACTURER’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) TO CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE MANUFACTURER’S PRODUCTS SOLD TO CUSTOMER AND WARRANTED HEREUNDER, THE MANUFACTURER’S PERFORMANCE OR NONPERFORMANCE, OR IN ANY MANNER RELATED TO THIS STANDARD WARRANTY TERMS, FOR ANY AND ALL CLAIMS WILL NOT IN THE AGGREGATE EXCEED THE ACTUAL AMOUNTS RECEIVED BY MANUFACTURER FOR THE SPECIFIC PRODUCT WITH RESPECT TO WHICH SUCH CLAIM IS MADE.
- Buyer and successors of Buyer are limited to the remedies specified in this warranty and shall have no others for a nonconformity in the Products. Buyer agrees that these remedies provide Buyer and its successors with a minimum adequate remedy and are their exclusive remedies, whether Buyer’s or its successors’ remedies are based on contract, warranty, tort (including negligence), strict liability, indemnity, or any other legal theory, and whether arising out of warranties, representations, instructions, installations, or non-conformities from any cause.
- The Warranty Terms are governed by and shall be construed under the laws of Ontario, Canada. In case of any dispute that may arise between the customer and the Manufacturer, the Courts of Ontario shall have the sole jurisdiction to resolve such disputes. The Manufacturer and customer explicitly agree that the terms of Sales of Goods Act, Ontario, R.S.O. 1990, c.S.1, and the United Nations Convention on Contracts for the International the Sale of Goods does not apply to the parties or any transaction between the Manufacturer and the customer.
Ariel Technology Inc. Customer Support Number: (905) 895-5900