MANUFACTURER'S LIMITED WARRANTY
In good consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged by the Buyer who hereby agrees to the following terms and conditions:
1. "Supplier" means: the Manufacturer
2. "Product" means: batteries and accessories
3. "Warranty" means: the entire Manufacturer's Limited Warranty
4. "Buyer" means: the purchaser of battery or accessories products
5. "Invoice" means: the original purchase receipt
Supplier warrants the "Product" for an applicable Warranty period of one (1) year to be free of material and workmanship defects.
The Warranty commences on the day and year first written on the Buyers original purchase receipt (the Invoice) at the time of purchase.
Supplier does not warrant "Product" that reaches its normal end of life which may occur prior to the "Warranty" period stated, depending on the application of which the "Product" is used. The "Product" can deliver only a fixed number of usable cycles over its lifetime and is considered to have reached its normal end of life if the application uses up all of the usable cycles regardless of the time the "Product" has been in service. Therefore the Supplier/Distributors reserves the right to deny a "Warranty" claim if it determines the "Product" to be at its normal end of life, even if the claim is lodged within the applicable "Warranty" period.
"Product" determined to meet the conditions of "Warranty" will be replaced free of charge, if, at the sole discretion of the Supplier/Distributor an adjustment is necessary due to material or workmanship defects. "Product" for "Warranty" replacement consideration is to be returned to the original "Supplier" at Buyer's expense. "Product" replaced under the "Warranty" provisions will be shipped with a green replacement warranty sticker and carry only the remainder of the original applicable "Warranty" period for the "Product" that was replaced.
(A) Warranty will void if in the event the Product is damaged or destroyed as a result of one or more of the following:
Willful abuse, misuse, physical damage, negligence or any part of the "Product" has been removed or damaged
Damage due to natural forces, including but not limited to, wind, lightning, hail, fire, collision or explosion, otherwise any other cause known as (Act of God)
Overcharging, undercharging, charging or installing in reverse polarity, improper maintenance, allowing the "Product" to be deeply discharged via a parasitic load or mishandling of the "Product" such as but not limited to using the terminals for lifting or carrying the "Product" or using an improper charger on the "Product"
Failure to properly install the "Product" or lack of metal jacket for high temperature or vibration applications
Repair or attempt to repair the "Product" by anyone other than the "Supplier" or an authorized representative, shall void this "Warranty"
Normal or accelerated deterioration in the electrical qualities due to operating or application conditions
If the "Product" is used for an application that requires a higher power and/or a greater reserve rating than the "Product" is designed to deliver, or the "Product" capacity is less than the "Product" capacity specified by the "Supplier", or the "Product" is otherwise used in applications for which it was not designed
WARNING - do not use any type of oil, organic solvent, alcohol, detergent, strong acid, strong alkalis, petroleum-based solvent or ammonia solution to clean the "Product" covers and "Product" tops. These materials may cause permanent damage to the "Product" covers and "Product" tops and will void the "Warranty"
(B) To Obtain Warranty:
Return the "Product" to the "Supplier".
If the "Product" is determined in the Supplier's sole discretion to be defective in material or workmanship under the terms of this "Warranty", the "Product" will be replaced free of charge and/or a credit of the "Product" purchase price in an account for the Buyer to be applied towards a future "Product" purchase.
Supplier’s acceptance of any items shipped to the "Supplier" by Buyer shall not be deemed as an admission that the "Product" shipped is defective. Any "Product" shipped back to the "Supplier" shall become the Supplier's property.
Some countries, states, provinces or territories do not allow limitation on how long an implied warranty lasts or the exclusion or limitation of incidental or consequential damages, so the above limitations may not apply to you. This warranty gives you specific legal rights, which may vary from country to country, state to state, province to province or territory to territory. This "Warranty" shall be governed exclusively by and interpreted in accordance with the laws of the province of Alberta, in the country of Canada, the court of Alberta shall hold exclusive jurisdiction to rule. The United Nations Convention on Contracts for the International Sales of Goods signed in Vienna in 1980 shall not apply to this "Warranty". This "Warranty" is agreed to and understood by the parties to this exclusive agreement between the Supplier and Buyer relating to the subject matter hereof. The "Supplier" holds employees, representatives, distributors or agents harmless and not responsible for "Warranty".
This "Warranty" has been authorized by the "Supplier" and written in the English language. If any person or entity translates, alters or changes this "Warranty" document in any manner whatsoever, the "Supplier", distributor or representatives shall not be held liable in any manner whatsoever, nor responsible for any such unauthorized translation.
THIS LIMITED "WARRANTY" IS IN LIEU OF, AND THE "SUPPLIER" DISCLAIMS AND EXCLUDES ALL OTHER WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE SUPPLIER'S EXCLUSIVE SOLE LIABILITY FOR BREACH OF "WARRANTY" AND AT THE SUPPLIER'S SOLE DISCRETION SHALL BE TO REPLACE THE DEFECTIVE PRODUCT WITHIN THE EFFECTIVE "WARRANTY" PERIOD AND/OR CREDIT THE PURCHASE PRICE OF THE DEFECTIVE PRODUCT TO THE BUYER'S ACCOUNT FOR A FUTURE "PRODUCT" PURCHASE. IN NO EVENT SHALL THE "SUPPLIER" BE LIABLE FOR ANY LOSS OR DAMAGES OF ANY KIND, WHETHER DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL OR OTHERWISE. NOR SHALL THE "SUPPLIER" BE LIABLE FOR ANY REMOVAL EXPENSE, INSTALLATION EXPENSE OR ANY OTHER EXPENSE OR THE LOSS OF TIME OR PROFITS, BUSINESS OR GOODWILL, WHETHER OR NOT THE "SUPPLIER" HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
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