LIMITED WARRANTY

  1. LIMITED WARRANTY

Subject to the limitations and conditions set forth in this Limited Warranty and for the duration of the applicable Warranty Period (defined below), Hansen Industries Ltd. (“Hansen”) makes the following limited warranties for parts and components manufactured by Hansen (the “Hansen Products”) and sold to customer (“Purchaser”):

  1. Components Manufactured by Hansen

All parts and components of the Hansen Products that are manufactured by Hansen will be free from defects in material and workmanship, and will conform to the specifications (dimensions and aesthetic) supplied to Hansen in connection herewith (“Manufacturer’s Warranty”).

  1. Warranty Period

The duration of the Manufacturer’s Warranty (“Warranty Period”) is as follows:

  • Dimensional – 1 year from original ship date
  • Finishing (Plating, Powder Coating, Anodizing, Chromating) – 3 months from original ship date.

Following the expiration of the applicable Warranty Period, Hansen will have no liability for any claims, damages, losses, or expenses relating to defects or deficiencies in the Hansen Products.

  1. LIMITATIONS ON WARRANTY

This Limited Warranty does not apply if the Hansen Products are misused, damaged by Purchaser or others, mishandled, altered in any way or improperly maintained or stored. Hansen makes no representation as to the useful life of the Hansen Products. In no event will Hansen be held responsible for any damages, liability, loss, costs, or expenses of any kind or nature arising out of or related to (1) normal wear and tear; or (2) the actions, negligence or omissions of others.

  1. DISCLAIMER OF ALL OTHER WARRANTIES

THERE ARE NO OTHER WARRANTIES, AGREEMENTS, ORAL OR WRITTEN STATEMENTS, OR UNDERSTANDINGS THAT EXTEND BEYOND THOSE IN THIS LIMITED WARRANTY.  HANSEN SPECIFICALLY DISCLAIMS ANY AND ALL OTHER EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, PERFORMANCE, OR FITNESS FOR A PARTICULAR PURPOSE, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OF TRADE.  TO THE FULLEST EXTENT ALLOWED UNDER APPLICABLE LAW, HANSEN DISCLAIMS ANY AND ALL WARRANTIES ARISING BY STATUTE OR BY LAW.  PURCHASER ACKNOWLEDGES THAT IT IS NOT RELYING UPON ANY STATEMENT, AGREEMENT, WRITING, WARRANTY, OR REPRESENTATION, WHETHER WRITTEN OR ORAL, OTHER THAN THE TERMS CONTAINED IN THIS LIMITED WARRANTY.

  1. WARRANTY CLAIMS PROCEDURE

All claims made by Purchaser arising out of this Limited Warranty must be made in writing to Hansen within the Warranty Period and in no event later than thirty (30) days following the date upon which the Purchaser knew, or reasonably should have known, about the facts giving rise to the claim.  Notice of such claims must be sent to:

Hansen Industries Ltd.

2871 Olafsen Avenue, Richmond, BC, Canada, V6X 2R4

Email: paul@hanind.com  ATTN: Quality Manager

The notice must, at a minimum, (1) identify the name of the party making the claim, and the facts and circumstances giving rise to the claim, including a complete and detailed description of all of the alleged defects in the Hansen Products; (2) contain proof of purchase (packing slip or invoice) of the Hansen Products; and (3) contain a Return Material Authorization (RMA) for parts when returning items to Hansen.  Purchaser’s failure to strictly comply with the warranty claim procedures set forth in this Limited Warranty will constitute a waiver of any claims Purchaser may have under this Limited Warranty.

  1. REMEDIES

If, after Hansen has been given a reasonable opportunity to investigate the claimed defect in the Hansen Product, Hansen determines that the Hansen Product does not comply with the terms of the Limited Warranty, then Hansen will, at its sole option:

  1. repair the defective Hansen Product;
  2. replace the defective Hansen Product; or
  3. refund the portion of the original purchase price allocated to the defective Hansen Product.

Purchaser acknowledges and agrees that the remedies in this Limited Warranty will be Purchaser’s sole and exclusive remedy and the sole and total liability of Hansen for any claims, loses, injuries, expenses, or damages arising out of or related to defects in the Hansen Products. Any repairs or replacement products provided under this Limited Warranty will be subject to this Limited Warranty for the remainder of the Warranty Period and the Warranty Period will not be extended.  If Hansen provides any of the remedies identified in this Limited Warranty, then Purchaser agrees that the Limited Warranty will not have failed its essential purpose.

In no event will Hansen and its affiliates, subsidiaries, related companies, officers, directors, employees, shareholders, and agents be liable for any consequential, incidental, indirect, special, exemplary, or punitive damages (including, but not limited to, loss of actual or anticipated profits, revenues, or product; loss by reason of shutdown or non-operation of any affected facility; increased expenses of operation, borrowing, or financing; or loss of use or productivity), regardless of whether any such claim arises out of breach of contract or warranty, tort, negligence, product liability, misrepresentation, indemnity, contribution, strict liability, equity, or any other legal theory.  Purchaser acknowledges and agrees that in no event will the liability of Hansen and its affiliates, subsidiaries, related companies, officers, directors, employees, shareholders, and agents exceed the amount paid for the Hansen Products.

  1. DISPUTE RESOLUTION

This Limited Warranty will be interpreted and governed by the laws of British Columbia, Canada, without regard to its choice of law provisions.  Any unresolved dispute relating to this Limited Warranty will be governed by arbitration.  The arbitration will be administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with the AAA Commercial Arbitration Rules then in effect at the time of the arbitration.  The location of the arbitration will be in Vancouver, British Columbia, Canada.  Purchaser further waives all rights to proceed as a member or representative of a class or participate in any class-action arbitration or other class-action proceeding regarding the Hansen Products.  Hansen and Purchaser will maintain the confidential nature of the arbitration proceeding and the award, including the evidence presented at the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits or as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by applicable law.

  1. NO MODIFICATIONS

By purchasing, installing, or using the Hansen Products covered by this Limited Warranty, Purchaser agrees that it is not relying on any statements made by anyone, written or oral, that are contrary or in addition to this Limited Warranty. This Limited Warranty may only be modified by written agreement signed by a duly authorized representative of Hansen.

Hansen Warranty Policy.pdf