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HY-SPEC HYDRAULIK PRODUCTS LIMITED WARRANTY
WARRANTY OFFERED BY: This warranty (the “”) applies to all goods, materials, parts and products sold under the Hy-Spec brand name or trademark (“
”) by Wajax Industrial Components Limited Partnership or any of its aliates or related enes (each a “”); the specic Wajax Enty bound by this War-
ranty (“”) will be the Wajax Enty which is a party to the relevant contract or order with the customer (“”) pursuant to which such Hy-Spec Products are sold.
Subject to the provisions set out in this Warranty document, Wajax warrants that Hy-Spec Products are of good
workmanship, free of defects in manufacture and material, and conform to Wajax’s specicaons as expressly set out in the relevant contract or purchase order, subject to
Wajax’s standard tolerances for specicaons. If Wajax determines in its sole discreon that any Hy-Spec Product (or part thereof) fails to conform with such warranty during
the applicable warranty period, and that the terms and condions of this Warranty have been fully sased, then Wajax (in its sole discreon) shall promptly repair or replace
such Hy-Spec Product (or part thereof) at Wajax’s expense and deliver the same FCA Wajax facilies, or refund the purchase price thereof. The obligaons of Wajax under this
Warranty shall be strictly limited to repair or replacement of any Hy-Spec Product which in Wajax’s sole opinion is defecve at the me of delivery of such Hy-Spec Product to
the Customer, or refund of the purchase price thereof. This Warranty shall apply only to Hy-Spec Products sold by Wajax which have been paid for by the Customer. If Wajax
elects to repair the Hy-Spec Product subject to the warranty claim, the Customer shall be responsible for the removal and transportaon thereof to Wajax’s designated facility,
provided that if the Customer requests that the repair be done at the Customer’s site, then the Customer will be responsible for the removal thereof and Wajax will only cover
the repair me spent on the site. All other expenses will be borne by the Customer. Any required repair shall be performed during Wajax’s normal business hours and if repair
is required outside of normal business hours then overme rates shall apply and the Customer shall pay Wajax’s cost dierenal for the same. This Warranty is subject to the
limitaons, warranty period, exclusions and other terms and condions set out herein. Wajax shall warrant any repaired or replaced parts unl the expiraon of the original
Warranty period.
This Warranty shall be restricted to defects in Hy-Spec Products present at the me of delivery thereof to the Customer which become manifest during
the period of twelve (12) months aer the date of delivery of such Hy-Spec Products to the Customer. Such period shall: (i) be as stated herein unless otherwise stated in the
contract between Wajax and the Customer; and (ii) not be extended by the performance of any subsequent repairs or other remedial work.
This Warranty shall not cover, and Wajax shall not be liable under this Warranty for any damages, costs or expenses of the Customer or of any third
party caused or contributed to in whole or in part by, or any defects caused by or related to:
• Any labour not performed by Wajax or defects or faults occurring or emanang as a result of the same.
• Any event or circumstance which arises through no fault of Wajax including, without limitaon, disaster, force majeure, accidents, abuse, neglect, chemical, electro-
chemical or electrical inuences, any form of overload of any Hy-Spec Product or any abnormal physical stress or environmental condions.
• Any incorrect, improper or inadequate installaon, assembly, use, storage, inspecon, maintenance, handling, removal or transportaon of any Hy-Spec Product according
to all recommendaons and instrucons of Wajax regarding the Hy-Spec Product, and all standard industry pracces.
• Any failure of the Customer to comply with all recommendaons and instrucons of Wajax regarding any Hy-Spec Product including, without limitaon, any failure of the
Customer to service or maintain the Hy-Spec Product or any part or component thereof in accordance with the recommended service/maintenance intervals and proce-
dures specied by Wajax, or any use of fuels, oils, addives or any other consumable of a standard not compable with any such recommended specicaons.
• Any acts or omissions of the Customer including, without limitaon, any specicaons, instrucons or designs specied or provided by or on behalf of the Customer.
• Normal wear and tear, or parts that, owing to their inherent material properes or their specied use, are subject to premature wear.
• Any materials or substances being processed by, or by the entry of materials or substances into, any Hy-Spec Products including, without limitaon debris, moisture, dust,
grease or other contaminaon.
The Customer’s failure to observe and perform any of the following shall automacally invalidate this Warranty with respect to a Hy-Spec Product:
• The Customer must comply with all requirements set out in this Warranty and any applicable contract or purchase order (and related terms and condions) with respect
to such Hy-Spec Product.
• Such Hy-Spec Product must be installed, assembled, handled, stored, used, operated, inspected, maintained, removed and transported in a proper and prudent manner
in accordance with the recommendaons and instrucons of Wajax, standard industry pracces, and all applicable laws.
• In the event of any incident or event giving rise to, or likely to give rise to, a claim under this Warranty, the Customer must take precauons to prevent further damage to
such Hy-Spec Product. Wajax shall not be liable for any further damage to such Hy-Spec Product unl it has been repaired to the sasfacon of Wajax.
This Warranty shall be void if the Customer:
• Has willfully concealed or misrepresented any material fact or circumstance concerning this Warranty or such Hy-Spec Product (whether before or aer a loss), or in case
of any fraud or false statement by the Customer relang thereto.
• Transfers tle of such Hy-Spec Product to a third party, or lends, leases, rents or otherwise releases possession of same, in any manner whatsoever, or becomes bank-
rupt or placed in receivership such that such Hy-Spec Product is seized or taken by a creditor or a third party claiming rights, tle or ownership in such Hy-Spec Product.
• Causes or permits any reconstrucon, repair, alteraon or modicaon of such Hy-Spec Product to be made by any person not authorized by Wajax, or if any parts or
components not supplied by Wajax are used in connecon with any of the foregoing.
To be eecve, a claim under this Warranty must be: (i) made in wring during the applicable warranty period; (ii) sent to Wajax at the Wajax
branch where the Hy-Spec Product was purchased; and (iii) received by Wajax within ten (10) days of the Customer’s discovery of the defect.
No suit or acon on this Warranty for the recovery of any claim may be sustained in any court of law or equity unless the Customer has complied
with all the requirements of this Warranty and unless such suit or acon is commenced within three (3) months from the date on which the Customer originally made such
claim under this Warranty.
WAJAX’S TOTAL LIABILITY UNDER THIS WARRANTY WITH RESPECT TO ANY HY-SPEC PRODUCT, WHETHER THROUGH REPAIR OR REPLACEMENT OF THE HY-SPEC PRODUCT OR
REFUND OF THE PURCHASE PRICE THEREOF, IS LIMITED TO THE AMOUNT OF THE PURCHASE PRICE ACTUALLY RECEIVED BY WAJAX FROM THE CUSTOMER FOR THE DEFECTIVE
HY-SPEC PRODUCT. Except for the repair, replacement or refund obligaon as expressly provided herein, Wajax shall not be liable for any damages, losses, costs or expenses
suered by the Customer or any other third party of any nature or kind including, without limitaon, any direct, indirect, consequenal or incidental damages or loss of any
kind for any reason, including down-me, loss of revenue or prots, loss of producon, loss or diminuon of value of property, loss of use of property or facilies, loss of eco-
nomic opportunity or loss of life or injury by the Customer or any other party whether or not caused by the defecve Hy-Spec Product or the removal thereof. The remedies
set out herein are the Customer’s sole remedies, and are Wajax’s only obligaons (whether based on breach of contract, warranty, indemnity or statutory duty or in tort or
otherwise), arising out of or in connecon with defecve or decient Hy-Spec Products.
The Warranty set out herein is the only warranty applicable to the Hy-Spec Products. WAJAX EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICA-
BLE LAWS, ANY AND ALL OTHER REPRESENTATIONS, WARRANTIES, COVENANTS, CONDITIONS, GUARANTEES OR SIMILAR OBLIGATIONS, WHETHER EXPRESS OR IMPLIED BY
FACT, BY LAW (INCLUDING ANY STATUTE OR REGULATION), BY CUSTOM OR TRADE USAGE OR BY ANY COURSE OF DEALING, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED
WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR PURPOSE AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHERWISE, ALL OF WHICH ARE
EXCLUDED AND ARE INAPPLICABLE.
This Warranty is governed by the laws of the Province of Ontario.
Hy-Spec Standard Products Warranty (rev. Nov 2021)