1. WarrantyKentain Products Limited ("Kentain") warrants to the purchaser only, and to no other person, that each product supplied by Kentain shall be free from any defect in materials or workmanship at the time of delivery. The purchaser, by acceptance of delivery of the product, acknowledges that, subject to any defects in materials or workmanship as aforesaid, the product is suitable for the purpose for which it is required by the purchaser and that the purchaser is not relying upon any inducement, representation or warranty of suitability
2. Limitation of LiabilityKentain’s liability under the foregoing exclusive warranty shall be limited as follows. Kentain shall, at its option, either repair, replace or refund the purchase price (less a reasonable allowance for use by the purchaser since original delivery) of any product subsequently found to have been defective as to materials or workmanship at the time of delivery by Kentain; PROVIDED THAT written notice of any such defect shall have been given by the purchaser to Kentain and the product shall have been returned to Kentain at its Kitchener, Ontario plant within the period of one year next following the date of the original delivery of the product by Kentain.
3. Shipping and InstallationShipping and Installation of the product shall be at the purchaser’s cost and risk. The purchaser must also pay the cost of any repair or replacement of the product required by reason of:
- Mishandling outside of Kentain’s plant
- Improper installation or use
- The inadequate preparation, or the failure, of any tank, container, earthwork or other support structure, piping or control devices; or
4. Condition of ContractAny contract resulting from this quotation is entered into by Kentain only upon the condition that, apart from the liability for the repair, replacement or refund respecting defective materials or workmanship as herein provided, Kentain Shall not be liable for any loss, injury or damage suffered by any person, however caused, nor for and claim however arising out of, or in any way in connection with, the purchase, supply, handling, installation, testing, use, inspection, ma
5. DelaysShipping dates given prior to shipment are estimated only and Kentain shall not be liable for delays resulting from causes beyond its reasonable control such as acts of God, war, strikes, slowdown, errors in manufacture, fire, failures or delays of its usual sources of supply of raw materials, government orders of requests; nor shall Ken
6. Cancellation of OrdersAny order(s) resulting from this quotation may be cancelled provided the purchaser or his agent fully reimburse Kentain for the cost of all materials and equipment purchased or in progress of manufacture, labour performed, engineering design, cancellat
