Annexe — Certificat(s) de garantie

B.1 Product Warranty

Warranty Offered: This warranty (the “Warranty”) applies to all goods, materials, equipment, parts, and/or products (“Products”) sold by Technosub. The specific Technosub entity bound by this Warranty will be the one that is a party to the relevant contract, purchase order, or service order with the customer (“Customer”) under which these Products are sold. In this Warranty, the term “Technosub” refers to this specific entity.

Covered Defects—Products Manufactured By Third Parties: For Products sold by Technosub but manufactured by third parties (“Distributed Products”), Technosub will, if applicable, extend to the Customer the manufacturer’s applicable warranty in effect at the time of purchase. Technosub will assist the Customer in benefiting from this warranty when inspection reveals that the Distributed Products are defective, subject to the terms and conditions, including the warranty period, specified in the manufacturer’s warranty. Technosub provides no warranty or assurance, express or implied, for these Distributed Products. For more details on applicable warranty conditions, please contact your Technosub representative.

Covered Defects—Systems, Pumps, And Parts Manufactured By Technosub: Subject to the provisions of Annex “B,” Technosub warrants that the systems, pumps, or parts it manufactures (“Technosub Products”) are free from any manufacturing or material defects and conform to Technosub’s specifications as set forth in the applicable contract, purchase order, or service order, subject to Technosub’s usual tolerance margins. If Technosub determines, at its discretion, that a Technosub Product does not conform to this warranty during the applicable warranty period, and the terms of this Warranty have been met, Technosub will repair or replace the defective Product, or refund its purchase price. Technosub’s obligations are strictly limited to the repair, replacement, or refund of the defective Product. This Warranty applies only to Technosub Products for which the Customer has paid. If Technosub opts for repair, the Customer will be responsible for transporting the Product to Technosub’s facilities. Any repair outside normal hours will incur additional costs for the Customer. This Warranty is subject to limitations, the warranty period, exclusions, and other conditions.

Warranty Period: This Warranty covers defects present in Technosub Products at the time of delivery, provided they appear during the following warranty period: for systems, pumps, and parts manufactured by Technosub, the period is twelve (12) months from the date of delivery to the Customer. This warranty period may only be modified if stipulated in the contract between Technosub and the Customer and will not be extended due to subsequent repairs.

Exclusion Applicable to Components of Technosub Products Manufactured by Third Parties: This Warranty does not cover any part or component of Technosub Products manufactured by third parties. Only the manufacturer’s warranty applies. In no case can Technosub’s warranty modify, replace, or supplement that of the manufacturer of parts or components manufactured by third parties. The general conditions, including the manufacturer’s warranty period, prevail over those of Technosub’s Warranty.

Other Exclusions: Technosub is not responsible for any damages, costs, or expenses incurred by the Customer or a third party resulting from the following situations, which are not covered by this Warranty:

  • Work not performed by Technosub or resulting defects.
  • Events or circumstances beyond Technosub’s control, such as disasters, force majeure, accidents, abuse, negligence, chemical, electrochemical, or electrical influences, overloading of Technosub Products, or abnormal environmental conditions.
  • Incorrect, inappropriate, or inadequate installation, use, inspection, handling, assembly, storage, maintenance, removal, or transportation, contrary to the recommendations of Technosub or the manufacturer of the parts or components.
  • Failure of the Customer to comply with the recommendations of Technosub or the manufacturer of the parts or components, including failure to follow recommended maintenance intervals and procedures.
  • Specifications, directives, or designs provided by the Customer.
  • Acts or omissions of the Customer.
  • Normal wear and tear or parts subject to premature wear due to their characteristics.

Furthermore, except for the specific obligations of repair, replacement, or refund provided by this Warranty, Technosub will not be liable for any damages, losses, costs, or expenses incurred by the Customer or a third party, including, but not limited to, direct, indirect, consequential, or incidental damages, loss of revenue, loss of production, loss of value or use of property, loss of economic opportunities, or any injury or loss of life, caused by the use of a Technosub Product.

Reasons for Warranty Cancellation: The Warranty will be automatically cancelled if the Customer fails to comply with any of the following obligations:

  • Comply with all the requirements of this Warranty, the applicable contract, purchase order, or service order.
  • Install, assemble, handle, store, use, operate, inspect, maintain, remove, and transport the Technosub Product in accordance with Technosub’s recommendations, industry practices, and applicable laws.
  • Take precautions to prevent further damage after an incident or event leading to a warranty claim.
  • The Warranty will be cancelled if the Customer conceals or misrepresents a material fact regarding the Warranty or the Technosub Product, or if they commit fraud or make a false statement.
  • Transfer ownership of the Technosub Product to a third party or lend, lease, or otherwise transfer possession to a third party, or in case of bankruptcy or seizure of the Product.
  • Have the Technosub Product repaired or modified by a person not authorized by Technosub or use parts not provided by Technosub in these operations.

Notice Of Warranty Claim: Any claim under this Warranty must be submitted in writing during the warranty period to the Technosub branch where the Product was purchased. To be valid, the claim must be received within ten (10) days following the discovery of the defect by the Customer.

Other Limitations: Technosub’s total liability under this Warranty is limited to the purchase price of the defective Technosub Product. This Warranty constitutes the only applicable warranty for the Products, and Technosub expressly disclaims, to the fullest extent permitted by law, any other representation, warranty, condition, or obligation, express or implied, including those regarding merchantability, fitness for a particular purpose, or otherwise.

Exclusive Remedy: The remedies mentioned in this Warranty are the Customer’s sole remedies, and Technosub’s only obligations in case of defective Products.

Limitation To Sue: No action or lawsuit based on this Warranty may be maintained unless the Customer has complied with all requirements and has filed the action within three (3) months following the initial claim.

Applicable Law: This Warranty is governed by the laws of the province of Quebec (Canada).

B.2 Service Warranty

Warranty Offered: This warranty (the “Warranty”) applies to all labor services (“Services”) provided by Technosub. The specific Technosub entity bound by this Warranty for a particular service will be the one that has contracted with the customer (the “Customer”) for that service. The term “Technosub” refers to this specific entity within the scope of this Warranty.

Covered Defects—Services: Subject to the conditions of this Warranty, Technosub warrants that the Services will be performed in accordance with the standards of skill and care expected in the industry, based on similar projects in terms of type, scope, and complexity. If Technosub determines, at its sole discretion, that a Service does not conform to this warranty within the applicable period, Technosub may, at its discretion, repair or reperform the Service, or refund its cost. This Warranty applies only to work performed on equipment or components (“Equipment”) for which Technosub has been the sole entity providing service, and which have been paid for by the Customer. Reperformances are carried out during Technosub’s normal hours, with additional charges if they occur outside these hours. The Warranty is subject to the limitations, periods, exclusions, and other specified conditions.

Warranty Period: The Warranty covers defects present at the time of the performance of the Services that appear within twelve (12) months following the date Technosub considers the Services completed and shipped. This period will not be extended in case of reperformance or corrective work.

Exclusions: Technosub is not responsible for any damages, costs, or expenses caused, in whole or in part, by:

  • Work not performed by Technosub or resulting defects.
  • Events independent of Technosub, including disasters, accidents, abuse, negligence, chemical, electrochemical, or electrical influences, overloading of the Equipment, abnormal physical or environmental constraints.
  • Incorrect installation, use, inspection, handling, assembly, storage, maintenance, removal, or transportation of the Equipment, not in accordance with Technosub’s recommendations, the manufacturer’s recommendations, or industry practices.
  • The Customer’s failure to comply with Technosub’s or the manufacturer’s recommendations regarding the Equipment.
  • Specifications, directives, or designs provided by the Customer.
  • Normal wear and tear or parts subject to premature wear due to their materials or use.
  • Materials or substances processed by the Equipment, including debris, moisture, dust, grease, or other contamination.

Apart from the obligation to reperform or refund, Technosub will not be liable for any damages or losses incurred by the Customer or a third party, including direct, indirect, consequential, or incidental damages or losses, loss of revenue, production, value, use, economic opportunities, injury, or loss of life.

Reasons for Warranty Cancellation: The Warranty is cancelled if the Customer:

  • Fails to comply with the requirements of this Warranty or the contract related to the Services.
  • Does not handle the Equipment in accordance with Technosub’s recommendations, the manufacturer’s recommendations, or industry practices.
  • Does not take precautions to prevent further damage to the Equipment in the event of an incident.
  • Conceals or misrepresents a material fact or circumstance.
  • Transfers the Equipment to a third party without authorization or becomes insolvent.
  • Modifies or repairs the Equipment without Technosub’s authorization, or uses parts not provided by Technosub.

Notice Of Warranty Claim: Claims under this Warranty must be made in writing and received by Technosub within ten (10) days following the discovery of the defect.

Other Limitations: Technosub’s liability is limited to the amount received for the defective Service. This Warranty is exclusive and replaces any other warranty or commitment, explicit or implicit, including those of merchantability or fitness for a particular purpose. The remedies indicated are the only ones available to the Customer.

Applicable Law: This Warranty is governed by the laws of the province of Quebec (Canada).