01. Warranty – Everflo Compression Ltd., (hereinafter referred to as “Everflo”), warrants parts, rebuilt parts and service provided by Everflo to be free of defects in material or workmanship. This warranty, including any implied warranties of merchantability and fitness for purpose, is limited in duration for a period of 90 days from the date of use or service, or 12 months from the date of shipment, whichever comes first.
02. Repair & Replacement – Everflo’s Parts and Services Warranty is limited to the repair or replacement of defective parts or components at Everflo’s nearest repair facility. The warranty on replacement parts or services is limited in duration for a period of 90 days from the replacement date or the duration of the original warranty period, whichever is longer, and has no effect on the warranty period for any other part, rebuilt part or service provided by Everflo. Customer is responsible to pay for any transportation costs to and from an Everflo repair facility. Customer is also responsible to pay Everflo’s out-of-pocket costs including but not limited to costs for transportation, lodging and subsistence, as well as additional and premium labour for any repairs being carried out at a location other than an Everflo repair facility and/or being performed outside of normal business hours. Everflo shall maintain sole discretion regarding the decision to replace or to repair a defective part.
03. Repairs Not Covered – The warranty conferred under Section 1 shall not apply to a rebuilt engine or power unit and any rebuilt parts used therein which in the opinion of Everflo have been damaged as a result of excessive loading, over or under speeding, heating, fire or abnormal combustion, ingestion of foreign materials, inadequate maintenance, misalignment, accident, improper installations, improper storage, improper use or any other condition or event not within the control of Everflo. Engine failures caused by REGROUND or CHROME PLATED crankshafts or failures caused by fatigue or outside force misalignment with other equipment are not covered by this warranty. This warranty does not obligate Everflo to provide tune-up service for any rebuilt engine or power unit.
04. Limited Warranty – The warranty provided herein by Everflo is the sole and exclusive warranty provided to the Customer and is in lieu of all other warranties, whether expressed or implied, statutory or otherwise, including, but not limited to, those warranties and conditions found in the Sale of Goods Act, R.S.A 2000, c. S-2.(Alberta). No person is authorized to give any further representation or warranty or assume any further obligation on behalf of Everflo with respect to any product or service. Everflo is not responsible for any consequential, indirect or special damages whatsoever. In addition, Everflo shall not be liable for, including without limitation, lost revenues, downtime, diminished goodwill and damage to, or replacement of other equipment and property whether such damages are consequential, indirect, special or otherwise. Everflo is not responsible for any punitive damages that may arise due to damage or loss. Replacement or repair of the product shall be the sole remedy of the Customer.
05. Modifications and Repair by Others – Everflo shall not be responsible for modifications or repairs made by other unless Everflo authorizes such actions in writing prior to the time such modifications or repairs are made. Modifications or repairs made without prior written authorization from Everflo shall void the warranty conferred in Section 1.
06. Duties of the Customer – In order to maintain the warranty conferred in Section 1 the Customer must maintain the Goods in accordance with the prescribed maintenance schedule set out in the owner’s manual.
07. Claims – All warranty claims must be received by Everflo in writing within thirty (30) days after the claim arises. For greater clarity, the date the claim arises will be the date in which the Customer first becomes aware of the defect in the part or service.