DOCK SHIELD, the manufacturer of corrosion prevention systems and underwater inspections for various steel pile docks, hereinafter referred to as the Guarantor, shall provide warranty services subject to the following conditions:
1. Terms. All sales of the guarantor’s systems shall be governed by the customer’s acceptance of the terms herein. Accordingly, any order placed for the systems by the customer shall be deemed an unequivocal acceptance of these terms.
2. Areas Covered by the Warranty. This Warranty covers our anodes, and defects on the anodes resulting from defective parts, materials or manufacturing, if such defects are revealed during the period of four (4) years from the date of purchase.
3. Defective Device. The device is considered defective if it fails to perform the functions as indicated in the operation manuals, technical specifications or any other similar documents supplied with the equipment, and the failure is due to internal device characteristics.
4. Natural Wear and Tear. The Warranty does not cover consumables or parts of limited regular functionality due to their natural wear and tear.
5. Replacement. The defects and damages revealed during the Warranty period shall be replaced by Dockshield, giving the value back into a new anode system that is left remaining. For instance, if an anode was 100.00 dollars and it lasted 3 years, we will give the customer 25 dollars towards a new anode.
6. Conditions for Warranty. Warranty services will be provided under the following conditions:
a. Immediately and effectively notify Guarantor about the determined device’s defects and cease using it.
b. The marked device along with copy of the commercial invoice should be delivered to the Guarantor.
c. The serial number of the delivered defective device must match the serial number sold to the Customer.
d. The Guarantor should be notified in writing of any additional accessories installed with the device.
e. The device should be delivered together with a detailed and readable description of the technical problem.
f. The delivered device should have intact seals with production date or serial numbers of the Guarantor or the Manufacturer and should be appropriately packaged during its loading, transportation and unloading.
g. The shipment to the Guarantor must be arranged and paid by the Customer.
7. Right to Charge the Warranty Beneficiary. The Guarantor reserves the right to charge the Warranty beneficiary with the costs of service, transportation, insurance, and customs clearance if the defect does not fall within the scope of this Warranty or the device has not been proven defective.
8. Areas not Covered by the Warranty. The Warranty DOES NOT cover:
a. Damages caused by acts of God, floods, fires, lightning or other natural disasters, wars, unexpected events, or other external factors;
b. Mechanical or electric damages resulting from incorrect installation, configuration, usage or other activities inconsistent with the operation manual or contradictory to technical specifications attached to the device;
c. Any damage that happens to the dock or steel structure;
d. The device that has been tampered with by the Warranty beneficiary or any other person in any way, including reconfiguration, repair, willful constructional variations, modifications and adjustments;
e. The customer and/or user’s personal injury following the use of the anode;
f. The device with serial numbers and/or the Guarantor seals are damaged or illegible;
g. The activities specified in the operation manual, which remain the sole responsibility of the Customer in his/her own capacity and at his/her own expense;
h. Damages due to the user’s fault or lack of knowledge;
i. Defective functioning of the device caused by a conflict or incompatibility between the damaged device and any device, which the damaged device permanently cooperates with in accordance with the intended purpose of the device.
9. Force majeure. The Guarantor shall not be held responsible for any failure in performance of the obligations as stipulated in this Warranty, whenever such failure is caused by a force majeure afflicting the Guarantor or the manufacturer of the device. Force majeure means any event or circumstance beyond reasonable control of the Guarantor which prevents the Guarantor from performing the obligations stipulated in this Warranty, or results in the performance of the Warranty services that is inconsistent with the conditions stated herein, and which could not have been foreseen by the Guarantor acting with the professional accuracy at the moment of assuming obligations under this Warranty.
10. Indemnification and Release. Customer agrees to release, defend, indemnify, and hold the Guarantor and its associates and their respective officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable legal and accounting fees, arising out of or in any way connected with Customer’s violation of these Terms.
11. Limitation of Liability. THE GUARANTOR WILL NOT BE LIABLE TO THE CUSTOMER WITH RESPECT TO THIS AGREEMENT UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY AMOUNTS IN EXCESS OF THE AMOUNT THE CUSTOMER PAID TO THE GUARANTOR FOR THE DEVICE.
IN NO EVENT WILL THE GUARANTOR BE LIABLE TO THE CUSTOMER FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS ARISING OUT OF, OR IN CONNECTION WITH, THE DEVICE, OR USE OF IT, WHETHER OR NOT THE CUSTOMER WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. End-User Responsibility. The Guarantor shall not be responsible to all End-Users of the device. Accordingly, Customer shall be solely responsible for all claims and actions related to the use of the device. Customer shall indemnify, defend, and hold harmless the Guarantor against such claims and actions.
13. Right to Refuse. The Guarantor reserves the right to refuse to provide any Warranty services if it would result in a breach of applicable laws.
14. No right to Claim lost profits. The rights granted by this Warranty shall not include the right of the Warranty beneficiary to claim any lost profits in connection with defects of the device. The Guarantor shall not be held responsible for any material losses caused by the defective product.
15. Changes. This Warranty Disclaimer may be changed if the Customer and the Guarantor establish different conditions in a separate written agreement.
16. Disputes. Except as otherwise specifically agreed in writing by the Customer and the Guarantor, any dispute relating to any rights and or obligations arising in this Agreement which is not resolved by the parties shall be through any court of competent jurisdiction in Ontario, Canada.
17. Applicable Law. This Warranty Disclaimer and its interpretation shall be governed by the laws of Ontario, Canada.