Jetfloat Limited (“Jetfloat”) hereby warrants its products (the “docks”- Jetfloat unit and connecting pin) to the purchaser of each of the docks (the” purchaser”), whether directly from Jetfloat or through its authorized dealers(s), to be free from defect in material and workmanship, in the selection of materials or processes of manufacture and in the design of the docks in view of the state of the art at the date of its manufacture and sale and free from the rightful claim of any person by way of patent or trademark infringement.
Jetfloat’s warranty herein contained is given on the condition that:
- Acceptance of the delivery of the docks and intent and/or permission of the purchaser to install the docks shall constitute the purchaser’s acknowledgement and admission that the docks conform with all descriptions, samples and specifications previously furnished by Jetfloat;
- the docks shall have been used in a reasonable and non-commercial manner in accordance with such published instructions as Jetfloat shall have furnished to the purchaser upon receipt of the purchase order;
- the docks shall not have been assembled or operated in conjunction with any component, part, connection or accessory not furnished or expressly approved by Jetfloat;
- the docks shall not have been repaired, altered or modified except by or with the consent of Jetfloat or an authorized Jetfloat dealer and
- this warranty shall terminate in any event in 25 years from the date of purchase of the docks. No claim shall be honoured pursuant hereto thereafter.
- where materials are used in a commercial or “drive-on” application, this warranty shall terminate in any event 10 years from the date of purchase of the docks. No claim shall be honoured pursuant hereto thereafter.
Claims of the purchaser pursuant to this warranty shall be honored only if;
- The purchaser has registered their Jetfloat purchase through Jetfloat head office and shall have reported alleged defects in a timely manner, by mail or electronic mail including photos of alleged defects to Jetfloat and shall have in any event ceased using the docks.
- Jetfloat shall be permitted to either repair or replace, at its option and expense, defective components, parts or accessories of the docks and that the purchaser shall be responsible for any and all shipping, transportation, demurrage and labour charges in connection with the return of defective components, parts or accessories to and from Jetfloat’s warehouse facility in Exeter, Ontario, CANADA and
- in the event, after repeated repair and replacement of defective components, parts and accessories of the docks, Jetfloat shall have determined in its commercial judgement that the docks are incapable of operation at the installation site, Jetfloat shall be permitted at its option, to refund the purchase price of the docks without further responsibility.
This warranty is expressly limited in that:
- Jetfloat shall not be responsible for defective operation of the docks caused by misuse or neglect, or conditions, geographic, climatic (ie. damage caused by ice) or otherwise, at the installation site which adversely affect the operation of the docks and whether or not Jetfloat shall have inspected the installation site before installation of the docks;
- this warranty is extended to the original purchaser only and may not, without the express written consent of Jetfloat, be assigned or otherwise used by third parties as a basis for liability; and
- except as expressly provided herein, Jetfloat shall not be obligated or liable, in any event, in contract or otherwise, for any loss, damage, expense or injury of any kind or nature including, without limitation, liability for damages, whether compensatory, punitive, consequential or otherwise, arising or in any way connected with the installation, operation, failure, repair, replacement, consequential delays or negligence of or in the docks or any part thereof or by agents or employees of Jetfloat it being understood that Jetfloat’s sole and maximum responsibility is limited to repair or replacement as herein provided or an amount equivalent to the purchase price of the docks.
Except as aforesaid, there are no other conditions, warranties, guarantees, representations or collateral agreements concerning the docks, express or implied, arising by operation of law or otherwise.
This warranty will be honoured with completion of the Jetfloat product warranty registration form.