AirSTORM 11348238 Guide D'utilisation Et D'entretien page 23

LIMITED WARRANTY AND LIABILITY
1. INTERPRETATION
1.1. All references to "we", "us" or "our" herein mean Messer Canada Inc.
1.2. All references to "you" or "your" herein mean:
(a) the person (e.g., corporation, individual, partnership, etc.) that purchased this portable fume extractor from us; and
(b) any affiliates and any party related, whether directly or indirectly, to such person.
2. LIMITED WARRANTY AND LIABILITY
2.1. Our Portable fume extractors ("Units") are warranted to be free from defects in material for a period of 2 years from the
date of your purchase from us (the "Warranty Period").
2.2. We SPECIFICALLY DISCLAIM AND EXCLUDE ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, BY LAW
OR OTHERWISE FOR THE UNITS, INCLUDING THE IMPLIED WARRANTIES AND CONDITIONS OF QUALITY, MERCHANTABILITY AND
FITNESS FOR A PARTICULAR PURPOSE.
2.3. We will repair or replace, at our discretion, any defective parts that fail during the Warranty Period. The client will be
responsible to return defective parts to the manufacturer's plant with freight prepaid. This warranty is limited to replacement parts
ONLY, subject to on-site or in- house evaluation of defective materials and does not apply to any personal liability or property loss
that occurs due to the use or installation of this equipment.
2.4. During the Warranty Period, prior to any warranty work being effected, any such work must be pre-approved by us by
sending a request to us at service@airstorm.ca in the prescribed warranty claim form available on our www.airstorm.ca. All such
work must be completed by us or a party expressly authorized by us. We may charge you any costs, expenses and disbursements
incurred by us to effect such work, the whole in our entire discretion.
2.5. In the event that you direct a third-party to complete any service or warranty work during the Warranty Period and:
(a) the authorization and approval pursuant to Section 2.4 hereof has been received but such third-party has not been
expressly authorized by us to complete such work; or
(b) the authorization and approval has not been received pursuant to Section 2.4 hereof;
then any costs, expenses and disbursements of such third-party for such work shall be borne entirely by you.
2.6. Any repair, rework or modifications of any sort, including, without limitation, modifications to software, hardware and
components, not authorized by us or completed by anyone other than us, or a party authorized by us, will void the warranty set forth
at Section 2.1 hereof.
2.7. To the extent that any Units are integrated with any products, equipment, units, connections and/or systems of a third-party
("Third-Party Products"), we hereby expressly exclude all of the following warranties and conditions, express or implied, namely:
(a) warranty against defects of any kind (latent or apparent), fitness for purpose, merchantability or functionality to the extent
of any such Third-Party Products; and
(b) any warranty against any defects or problems of any kind, whether latent or apparent, in respect of Units or a Third-Party
Product, caused or arising directly or indirectly as a result of the integration with or use of Units in connection with any Third-Party
Product.
2.8. You hereby expressly waive, and renounce to, any and all claims against us relating to loss of profits, loss of business or
goodwill, interruption of business and all indirect, special, incidental or consequential damages of any kind whether arising from or
in connection with the Units, however caused, and whether in the nature of breach of obligations, breach of warranty, repudiation
of contract, extracontractual liability, tort, negligence (save in the event of gross negligence or intentional fault) or otherwise and
regardless of whether we received advanced notice or were advised of the possibility of such claim, loss or damage.
2.9. You are solely responsible for:
(a) determining if Units fit your particular purpose and are suitable for your designated process, application, fitment, tooling,
set-up and uses(s); and
(b) all hazards associated with your processes, products and ingredients, regardless of whether the hazards relate to fire,
explosion, material handling, exposure to harmful dusts, fumes or other contaminants, or any other hazard that poses a risk to
persons or property.
2.10. Without limiting any of the foregoing, we do not provide any guarantee or warranty with respect to compliance with process
safety, environmental health and safety or codes and standards.
2.11. Without limiting any of the foregoing, you hereby undertake to indemnify and hold us harmless and you agree to fully
indemnify and defend us, at your sole cost and expense, against any and all present and future, actual, potential, contingent or
threatened suits, actions or claims, of any nature or source whatsoever, which may, at any time, be made or asserted against us by
any person, including, without limitation, your employees (current or former), contractors, representatives or any third-party, directly
or indirectly, for any reason whatsoever, related to and/or arising from exposure to emissions, dust, fumes, pollutants or noxious
substances from your processes, materials, ingredients, systems or improper use of Units.
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