Akhurst Machinery Limited OR Akhurst Machinery Inc. (“Akhurst”) warrants that new equipment will be free from defects in material and workmanship under normal use for a period of three hundred and sixty-five (365) days after the date of shipment by Akhurst to the first purchaser, or as long as the original manufacturer’s guarantee, whichever is longer. Electric motors, switches and electronic components, wear parts such as bearings, belts and chains, are all warranted for ninety (90) days from the date of shipment from Akhurst, or as long as the original manufacturer’s guarantee, whichever is longer. The period covered by this warranty is calculated on the basis of one eight-hour shift per day, five days per week. The warranty is not transferable to future owners.
Akhurst reserves the right to invoice purchases for parts replaced under warranty, pending return of the defective parts for inspection and determination of the cause of failure. Returned parts to Akhurst from purchaser must be freight prepaid.
The purchaser is responsible for freight costs, in the shipment of replacement of defective parts, between the machine manufacturer’s plant and the purchaser’s plant.
Akhurst shall not be responsible for work done, materials furnished or repairs made by others, who are not of Akhurst’s designation.
This limited warranty does not cover damage or loss resulting from misuse, accident, neglect, or improper installation, operation or maintenance.
All machines are supplied with the appropriate CSA or Electrical Safety Authority approvals. Any modifications that are required as a result of local or provincial inspection programs are the responsibility of the purchaser, and are at his own expense.
This limited warranty will be invalid if the customer neglects to provide adequate dust extraction to ensure that the equipment is operating in a clean environment. Where compressed air is required to operate the equipment, the supply must be properly filtered and moisture free.
Akhurst will send a technician to the customer’s plant to carry out warranty repairs. If out of town travel is required the customer agrees to pay the technician’s transportation, lodging and meal expense at cost.
Akhurst will not be liable for lost profits, loss of business, inconvenience, damage or injury to properties or persons, or other loss or damage relating in any way to the equipment, products or services, whether direct or consequential, special, indirect or punitive, even if advised of the possibility of such losses or damages, or for any claim by any third party. The foregoing limitations apply regardless of the causes or circumstances giving rise to such loss, damage or liability, even if such loss, or damage or liability is based on negligence or other torts or breach of contract including, without limitation, fundamental breach or breach of a fundamental term.
The foregoing limited warranty constitutes the entire warranty given by Akhurst. There are no other warranties or conditions, express or implied, in respect of the equipment, products or services contemplated by these terms, including without limitation, no warranties or conditions of merchantability or fitness for a particular purpose. Akhurst disclaims all other warranties or conditions.
By accepting delivery of equipment, products or services, Akhurst’s customer agrees to be bound by and accept the terms, conditions and limitations of this limited warranty.