Limited Warranty
Kalou Canada Inc. warrants that Products of its manufacture shall be free from defects in materials or workmanship under conditions of normal and proper use for a period of three (3) years from the date of manufacture.
This Warranty is exclusive and is in lieu of all other warranties and guarantees expressed or implied by Kalou Canada Inc. or its representatives. This Warranty is also in lieu of any implied warranty of merchantability, fitness for a particular purpose or other warranty of quality or performance, whether express or implied, except the warranty of title. This Warranty is also in lieu of legal Warranty or obligations or Warranty imposed by any law. No waiver, addition or modification of the foregoing conditions shall be valid unless made in writing and manually signed by an officer of seller and purchaser.
This Warranty is only valid to the original Buyer. This Warranty is not transferrable and not for the benefit of anyone else.
This Warranty shall be considered void if, without limitation, the Product has been subject to, but not limited to:
a) Negligence;
b) Abuse;
c) Vandalism;
d) Accident;
e) Mishandling;
f) Improper storage;
g) Improper application;
h) Improper installation;
i) Misuse;
j) Damage, marking, or staining due to contact with rubber or similar compounds;
k) Damage from sharp objects or imprinting from writing instruments;
l) Improper cleaning or maintenance;
m) Failure from normal wear and tear;
n) Alteration;
o) Altered, defaced, or removed markings/warning labels;
p) Damage induced by abnormal ambient temperatures or improper ventilation;
q) Outdoor environment, unless explicitly labelled for outdoor environments;
r) Damp environment, unless explicitly labelled for damp environments;
s) Wet environment, unless explicitly labelled for wet environments;
t) Corrosive or hazardous environment;
u) Civil disturbances;
v) Animal or insect activity;
w) Damage due to a casualty event or acts of God.
All Buyers of Products manufactured by Kalou Canada Inc. shall be solely responsible for the safe and proper application, installation, use and maintenance of the Products.
This Warranty shall be considered void if, without limitation, the Product is not used for a purpose for which it is applicable.
Unless otherwise noted, Products sold by Seller are not designed, intended or authorized for use in life support, life sustaining, nuclear, or other applications in which the failure of such Products could reasonably be expected to result in personal injury, loss of life or catastrophic property damage. If Buyer uses or sells the Products for use in any such applications: (1) Buyer acknowledges that such use or sale is at Buyer’s sole risk; (2) Buyer agrees that Seller and the manufacturer of the Products are not liable, in whole or in part, for any claim or damage arising from such use; and (3) Buyer agrees to indemnify, defend and hold Seller and the manufacturer of the Products harmless from and against any and all claims, damages, losses, costs, expenses and liabilities arising out of or in connection with such use or sale.
This Warranty shall be considered void if, without limitation, the Product is not installed correctly, or is uninstalled from the original installation location and moved to a new location.
If the Products are used on new or existing foundations, anchorages, or structures, the Buyer of the Products and/or any end user is solely responsible for the structural integrity of such new or existing foundations, anchorages or structures and all consequences arising from their use. Products that are portable shall only be placed on hard, level surfaces.
The Products are not warranted against cost that may be incurred in connection with changes or modifications to the Products required to accommodate site conditions and/or building construction or design. Any alterations that affect the integrity and/or safety of the Products shall void this Warranty and any approvals or listings of the Products.
Kalou Canada Inc. does not warrant the performance of the product when used in combination with third party products. The Products are not warranted against cost resulting from installation of third-party products, failures of third party supplied products, or failures of Seller-supplied products caused by third party supplied products.
The Products are not warranted against finish failures or for corrosion of other components in coastal environments. Coastal environments shall be considered to be within ten miles of a seacoast. Environments within ten miles of a seacoast can be extremely corrosive. Even with the appropriate maintenance, products installed in this environment will typically deteriorate more than products installed in a less severe environment. Some corrosion and/or deterioration will be considered normal wear in coastal environments.
Kalou Canada Inc. does not warrant:
a) Natural variations in wood grain or figure or the presence of character marks;
b) Changes in surface finishes, including colorfastness, due to aging, exposure to sunlight or direct sunlight;
c) Veins, marks, voids, fissures, or cracks found naturally in stone;
d) Matching of colors, grains, or textures of natural materials.
Buyer must notify Kalou Canada Inc. in writing within 30 days of noticing the defect.
All costs of shipping for inspection shall be the responsibility of the Buyer. If Kalou Canada Inc. determines that the Product for which the Buyer has requested Warranty services are not covered by the Warranty, the Buyer shall pay or reimburse Kalou Canada Inc. for all costs of inspecting, investigating and responding to such request.
During this Warranty period Kalou Canada Inc. will repair or replace, at its option, free of charge, the Product or defective part thereof that are proven to be defective. For the purpose of clarity, ‘repair or replace the product or defective part thereof’ does not include any uninstallation costs, labour costs, shipping, reinstallation costs, or other expenses. If Kalou Canada Inc. chooses to replace the Product and is not able to do so because it has been discontinued or is not available, Kalou Canada Inc. may replace it with a comparable product. Products which are replaced by Seller in accordance with foregoing shall become the property of Seller. In no event shall Kalou Canada Inc.’s aggregate liability arising out, of or in connection with, the sale of Products, in contract, tort or otherwise, exceed the purchase price of the Product to which such liability relates.
Kalou Canada Inc. reserves the right to make the final decision on the validity of any warranty claim. Kalou Canada Inc.’s judgement shall be final in all matters concerning the condition of the Product, the cause or nature of any defect, and the necessity or manner of repair or replacement.
LIMITATION OF LIABILITES
The Seller’s aggregate liability whether in contract, in tort, under any warranty set forth herein, in negligence, or otherwise shall not exceed the return of the amount of the purchase price paid by the Purchaser, or, at the option of the Seller, in the Seller’s sole discretion, the replacement or repair of the product or part concerned (F.O.B. the Seller’s factory or such other place as the Seller may designate).
Buyer shall not be entitled to, and Seller shall not be liable for, but not limited to, loss of profits or revenue, promotional or manufacturing expenses, overheads, business interruption cost, loss of data, removal or reinstallation costs, injury to reputation or loss of buyers, punitive damages, IPR infringement, loss of contracts or orders or any indirect, special, incidental, delictual or consequential damages of any nature.
TECHNICAL ASSISTANCE OR ADVICE
If technical assistance or advice are offered or given to Buyer, direct or indirect, such assistance or advice is given free of charge and only as an accommodation to Buyer. This assistance or advice, or Buyer’s use of such assistance or advice, shall not subject Seller to any liability whether it be contract, warranty (express or implied), tort (including negligence) or otherwise.