Limited Warranty

General Terms

  1. Analytical Flow Products, a division of Mécanique Analytique Inc (hereinafter referred to as "AFP"), warrants to the initial purchaser (hereinafter referred to as the "Client") the products sold by AFP (hereinafter referred to as the "Product(s)") against defects in materials or workmanship for a period of one (1) year from the date on which said Product was shipped to the Client (thereinafter referred to as the "Warranty Period").
  2. In order to benefit from the present warranty, the Client must prove to the satisfaction of AFP that the Product is still within the Warranty Period.
  3. If AFP is satisfied that the Product is covered by the present warranty, AFP shall have the option, at its sole discretion, to either: (i) repair the Product, (ii) replace the Product, or (iii) refund the initial purchase price paid for the Product. AFP reserves the right, at its sole discretion, to use reconditioned parts or Products for warranty replacements or repairs. Replaced or repaired Products shall only be warranted for the remainder of the Warranty Period applicable to the Product purchased initially.
  4. If the Client believes a Product to be defective, the Client must (i) immediately notify AFP of such defect in writing, (ii) cooperate fully with AFP's investigation of the alleged defect, and (iii) comply in full with all shipping and return policies established by AFP from time to time, including obtaining AFP's written approval prior to returning any Product to AFP.
  5. Unless otherwise accepted in writing by AFP, all freight, shipping, brokerage, duties or other costs related to the return of Products to AFP as well as any risks of damage or loss during shipping shall be assumed by the Client.
  6. Products must be shipped back to AFP in either its original packaging or packaging offering an equal degree of protection and the Products must be returned free of any hazardous substances.

Disclaimers and limitations

  1. THE WARRANTY DESCRIBED HEREIN IS THE ONLY WARRANTY OF ANY KIND APPLICABLE TO THE PRODUCTS AND IS EXPRESSLY GIVEN IN LIEU OF ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION STATUTORY, EXPRESSED OR IMPLIED WARRANTIES. NO IMPLIED WARRANTIES OF MERCHANTABILITY OR ANY WARRANTIES, WHETHER WRITTEN OR ORAL, CREATED OR EXTENDED BY ANY EMPLOYEE, DISTRIBUTOR, AGENT OR SALES REPRESENTATIVES OF AFP OR ANY WRITTEN SALES MATERIAL SHALL APPLY TO THE PRODUCTS.
  2. No agent, distributor, employee or representative of AFP is allowed to make any modification, extension, or addition to this warranty whether written or verbal.
  3. AFP does not control the installation and use of its Products, and shall have no liability if a Product is used for an application for which it is not suited. This warranty shall apply only to Products that have been used and maintained in accordance with the instructions provided by AFP and it shall exclude any Product installed or used other than the normal manner or purpose for which it is intended. This warranty also excludes without limitation defects or damage to Products resulting from transportation, abuse, negligence, lack of care, inappropriate storage, handling, maintenance, alterations, changes and modifications or failure resulting directly or indirectly from the use of another product not supplied by AFP, the use of accessories, items, parts or equipment not authorized by AFP, repairs not made by AFP, power surges, normal wear and tear of the Product, cosmetic damages, vandalism, theft, fire, floods and all damage caused by a fortuitous event, by superior force or by a third party.
  4. The failure to pay the purchase price of the Product or the failure to comply with any of the instructions provided by AFP with regard to the Product shall automatically void this warranty.
  5. Any information or data pertaining to the Products or Services, whether on AFP's website or in any information or promotional material, may contain inaccuracies and any reliance upon such information or data by Client to determine the suitable conditions of use of a given Product shall be at Client's own risk. Such information or data is presented by AFP without any representation or warranty of any kind including, but not limited to, warranties of merchantability, non infringement or fitness for any purpose.
  6. Except if strictly specified in writing and signed by the client and an AFP authorized representative, AFP's Products are not recommended or authorized for safety, life support, medical applications, applications involving hazardous corrosive or radioactive substances, or for any use or application in which the failure of a component could cause substantial harm to persons, the environment, or property. Client assumes all liability for such use and agrees to indemnify and hold harmless AFP for all damages that may be incurred due to such prohibited use of the Products?
  7. THIS WARRANTY SETS FORTH THE FULL SCOPE OF THE WARRANTY GIVEN BY AFP, AND AFP'S LIABILITY SHALL BE LIMITED TO THE UNDERTAKINGS SET FORTH HEREIN. UNDER NO CIRCUMSTANCES SHALL AFP OR ANY OF ITS DIRECTORS, OFFICERS, AGENTS, REPRESENTATIVES OR EMPLOYEES, OR THAT OF ANY OF ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, SECONDARY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER RESULTING FROM OR IN ANY WAY RELATED TO THE PRODUCTS OR THEIR USE, INCLUDING DEFECTS THEREOF. IN PARTICULAR, BUT WITHOUT LIMITATION, AFP SHALL NOT BE LIABLE FOR DAMAGES TO PROPERTY, CONSEQUENTIAL LOSS, LOSS OF PROFIT, LOSS ON GOODS IN STORE OR THE LIKE, IRRESPECTIVE OF THE CAUSE, INCLUDING CAUSES WHICH ARISE OUT OF OR CONNECTED WITH THIS WARRANTY OR FROM THE PERFORMANCE OR BREACH OF THE TERMS HEREOF, OR FROM THE TRANSPORTATION, MANUFACTURE, STORAGE, PRESERVATION, HANDLING, SALE, DELIVERY, RESALE, DISPOSAL OR USE OF ANY PRODUCT OR PART THEREOF COVERED BY THIS WARRANTY OR SOLD TO CLIENT BY AFP, NOR FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE PRODUCTS, NOR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SUCH AS, BUT NOT LIMITED TO, LOSS OF SALES, REVENUES, INCOME, GOODWILL, CONTRACTS, MATERIAL, DAMAGE TO REPUTATION OR INCREASED COSTS.
  8. THE CLIENT AS WELL AS ANY SUBSEQUENT PURCHASER OR USER ASSUMES ALL THE RISKS AND FULL LIABILITY FOR ANY AND ALL LOSSES, DAMAGES, INJURIES OR DAMAGE TO ITS PROPERTY OR TO THE PROPERTY OF OTHERS IN CONNECTION WITH THE QUALITY, USE OR PERFORMANCE OF THE PRODUCT. CONSEQUENTLY, THE CLIENT HEREBY RELEASES AFP FROM ALL SUCH RISKS AND LIABILITY.
  9. The warranty granted hereunder extends solely to Client and shall not be assigned to any other person or entity.
  10. This warranty supersedes all prior proposals or representations, whether written or oral, and constitutes the entire agreement between the parties. It may not be expanded or modified except in writing signed by both parties hereto.
  11. This limited warranty shall be governed by and construed in accordance with the laws of the Province of Quebec and of Canada applicable therein without regard to its principles of conflicts of law, and the courts of the Province of Quebec, judicial district of Frontenac shall have exclusive jurisdiction with respect to any dispute or proceeding in respect with this limited warranty or any other dispute that may arise between the Client and AFP.
  12. In the province of Quebec: the parties have requested that this warranty and all documents relating thereto be drafted in English. Dans la province du Québec : les parties concernées par les présentes ont exigé que cette garantie ainsi que tout document s'y rapportant soient rédigés en anglais.