MÉDIA GRAPH DÉPÔT INC./TLS INTERNATIONAL
1. DEFINITIONS:
1.1 In this Limited Warranty, the following words or terms shall have the following meanings ascribed thereto:,
- "Business Days" means a day other than a Saturday, Sunday or other days that are statutory holidays in the Province of Québec;
- "Buyer" means the Person who has entered into a Contract with the Company;
- "Company" means Média Graph Dépôt Inc., also carrying on business as TLS International;
- "Contract" means any purchase order (PO) issued by the Buyer to the Company for the purchase and sale of Goods and which is accepted by the Company, to which the Terms and Conditions are attached or are incorporated by reference;
- "Force Majeure" means any prevention or delay by a party hereto in the performance of its obligations caused in whole or in part by an extraordinary event or circumstance beyond the control of the such party, including, without limitation, acts of God, strikes, pandemics, epidemics, lockouts or other industrial disturbances, sabotage, war, acts of terrorism, blockades, insurrections, riots, civil disturbances, breakage of or accident to machinery, unforeseeable shortages of labor, utilities or raw materials and supplies, unforeseeable production, traffic or shipping disturbances, any legislative, administrative or judicial action which has been resisted in good faith by all reasonable legal means, any act, omission or event whether of the kind herein enumerated or otherwise not within the reasonable control of such party, and which, by the exercise of due diligence, such party could not have prevented, but lack of funds on the part of such party shall not constitute a Force Majeure. "Goods" means all items sold by the Company pursuant to the Contract except for Printed Goods;
- "Limited Warranty" means the present limited warranty, as may be amended or restated from time to time by the Company at its sole discretion;
- "Person" means any individual, corporation, company (with or without share capital), partnership, joint venture, association, fiducie, trust, unincorporated organization, trustee, executor, administrator or other legal personal representative, regulatory body or agency, government or governmental agency, authority or entity however designated or constituted;
- "Printed Goods" means any Goods that require only the printing capabilities of the Company, including transfer, cutting, finishing and sewing; and
- "Terms and Conditions" means the terms and conditions, forming part of the Contract.
GENERAL LIMITED WARRANTY
2.1) The Company shall use commercially reasonable efforts in the manufacturing, production, and packaging of its products to provide its customers with products that meet or exceed the use and performance levels provided for in the applicable Contract.
2.2) Unless otherwise expressly provided herein and subject to the terms and conditions of this Limited Warranty, the Company warrants that the Goods, when delivered and accepted (or deemed accepted) and for the twelve (12) month period thereafter, when used under their intended use and conditions and when used in accordance with the Company's instructions, are and shall be free from defects in original materials and workmanship.
2.3) In the event where a Good fails to meet the warranty set forth in Section 2.2 and is therefore defective, unless otherwise expressly provided herein, the Company will, in its own discretion, either repair or replace the defective Good, at no charge to the Buyer. Shipping and handling fees and all other secondary costs, including without limitation, dismantling and electrician costs, shall be borne entirely at the Buyer's sole cost and expense.
2.4) This Limited Warranty shall apply for the unexpired portion of the twelve (12) month limited warranty period (or five (5) year limited warranty period in the case of products covered under Section 3), or for ten (10) days from the date of their return to the Buyer (or completion of correction in the case of services), whichever shall expire later.
2.5) The Limited Warranty shall only apply if the Company is notified in writing of such alleged defect (i) in the case where the alleged defect is an apparent defect, within five (5) Business Days of order acceptance, (ii) within thirty (30) days after shipment of the defective Good by the Company, or (iii) within thirty (30) days of the Buyer's discovery of the alleged defect of the Good in the field, and the Company is provided a reasonable opportunity to examine the product, at its premises, to determine the cause of such alleged defect. No warranties, whether express or implied, oral or written, shall apply thereafter.
3. LED STRIPS
3.1) Notwithstanding Section 2.2, for the Company's LED strips, the limited warranty period shall be five (5) years (not twelve (12) months).
4. CLAIM PROCEDURE
4.1) To submit a claim of an alleged defect under Sections 2, 3, the Buyer must follow the claim procedures set forth in the Terms and Conditions.
5. EXCLUSIONS AND LIMITATIONS
5.1 The Company makes no warranty, whether express or implied, oral or written, as to the merchantability or fitness of its products for any particular purpose or use, or with respect to conformity with any model or samples, unless explicitly stated in writing to the Buyer in the Contract.
5.2 The Company makes no other warranties or guarantees, written or verbal, express or implied, other than as provided herein or in the Contract.
5.3 In addition to any other exclusions or limitations provided herein, the Company does not warrant against any defects in its products where any damage, loss, cost, defect, or deficiency arises out of or relates to:
- wear and tear,
- shipment and/or transportation;
- dissatisfaction due to "buyer's remorse";
- accident, abuse, misuse, damage from cleaning, or vandalism;
- mold, mildew, humidity, smoke, sunlight related issues;
- cosmetic issues caused by normal use;
- abnormal conditions of use, including use on areas subject to moisture infiltration or accumulation, negligence, accidents, improper storage, handling, assembly or maintenance;
- product performance for use that is not specified in the scope of work;
- a Force Majeure or any events beyond the control of the Company;
- installation which is not performed by (A) the Company or (B) by a certified electrician in accordance with the (i) Company's instructions and specifications, and (ii) the rules of art and all applicable laws and regulations;
- where repairs or alterations have been attempted by the Buyer or a third party, and the Company's instructions or supervision have not been requested and/or properly followed;
- fabrics, paint, and wood finishes are not warranted against fading, and natural aging processes;
- environmental changes or conditions either interior or exterior;