LIMITED WARRANTY
1. DEFINITIONS & INTERPRETATION
1.1 Definitions
Unless the context requires otherwise, the following terms shall have the meanings assigned to them throughout this LIMITED WARRANTY:
1.1.1 “AUTHORIZED SERVICE PERSONNEL” means the staff authorized by CANAWELD who have been sufficiently trained to repair the EQUIPMENT and who are appointed, approved, and/or accredited by CANAWELD from time to time.
1.1.2 “AUTHORIZED SERVICE CENTRE” means a repair facility appointed and/or approved by CANAWELD from time to time.
1.1.3 “CANAWELD” means Canaweld Inc. Business No. 835754847.
1.1.4 “CANAWELD SERVICE REPAIR CENTER” means the repair facility operated by CANAWELD.
1.1.5 “COMMENCEMENT DATE” means:
i. the date of purchase of the EQUIPMENT by an END USER;
ii. three (3) months from the date of purchase of the EQUIPMENT from CANAWELD by a CANADIAN DISTRIBUTOR or US DISTRIBUTOR, or the date of purchase of the EQUIPMENT by a customer from such CANADIAN DISTRIBUTOR or US DISTRIBUTOR, whichever occurs first; or
iii. five (5) months from the date of purchase of the EQUIPMENT from CANAWELD by an INTERNATIONAL DISTRIBUTOR, or the date of purchase of the EQUIPMENT by a customer from such INTERNATIONAL DISTRIBUTOR, whichever occurs first.
1.1.6 “CANADIAN DISTRIBUTOR” means a third party located within Canada that has entered into a distribution agreement with CANAWELD for the purpose of selling and/or distributing the EQUIPMENT.
1.1.7 “END USER” means a customer who purchases the EQUIPMENT directly from CANAWELD.
1.1.8 “EQUIPMENT” means CANAWELD equipment that forms part of the subject matter of this LIMITED WARRANTY.
1.1.9 “INTERNATIONAL DISTRIBUTOR” means a third party located in any jurisdiction outside Canada and the United States that has entered into a distribution agreement with CANAWELD for the purpose of selling and/or distributing the EQUIPMENT.
1.1.10 “LIMITED WARRANTY” means this agreement and any annexures, schedules, amendments, or related documents attached to or forming part of it.
1.1.11 “MANUFACTURING DATE” means the date of manufacture of the EQUIPMENT according to CANAWELD’s records.
1.1.12 “SUFFICIENT PROOF OF PURCHASE” means an official invoice or receipt issued by CANAWELD or other proof of purchase acceptable to CANAWELD.
1.1.13 “WARRANTY PERIOD” means the period during which this LIMITED WARRANTY applies, which may vary depending on the type of EQUIPMENT as specified in Section 2 below.
1.1.14 “WARRANTY REGISTRATION” means the registration of the EQUIPMENT with CANAWELD’s warranty program in accordance with the instructions available on CANAWELD’s website and/or annexed to this LIMITED WARRANTY, if applicable.
1.1.15 “US DISTRIBUTOR” means a third party located within the United States that has entered into a distribution agreement with CANAWELD for the purpose of selling and/or distributing the EQUIPMENT.
1.2 Interpretation
In this LIMITED WARRANTY, unless the context otherwise requires:
1.2.1 The singular shall include the plural and vice versa.
1.2.2 Words referring to natural persons shall include legal entities, companies, corporations, and other organizations, where applicable.
1.2.3 Clause headings are for reference only and shall not affect the interpretation of this LIMITED WARRANTY.
1.2.4 Where any number of days is prescribed in this LIMITED WARRANTY, the days shall be calculated excluding the first day and including the last day, unless the last day falls on a Saturday, Sunday, or statutory holiday. In such case, the last day shall be the next succeeding business day that is not a Saturday, Sunday, or statutory holiday.
2. WARRANTY PERIOD
2.1 Warranty Periods
The LIMITED WARRANTY period starts from the COMMENCEMENT DATE and shall remain valid for the following periods, subject to the conditions, exclusions, and limitations set out in this LIMITED WARRANTY:
2.1.1 Seven-Year Parts Warranty and Four-Year Labour Warranty
Conditions apply.
This warranty applies to the main power transformer and inductance on all three-phase INVERTER power supplies having a 60% duty cycle or more at maximum current.
2.1.2 Five-Year Parts Warranty and Four-Year Labour Warranty
Conditions apply.
This warranty applies to the main power transformer and inductance on all INVERTER power supplies having less than a 60% duty cycle at maximum current.
2.1.3 Four-Year Parts and Labour Warranty
Conditions apply.
This warranty applies to all CANAWELD welding machine power sources, wire feeders, and plasma arc cutting power sources.
2.1.4 One-Year Parts and Labour Warranty
Unless otherwise specified.
This warranty applies to:
- Mechanical parts of welding and cutting products, including wire feed mechanisms;
- All foot pedals;
- Water-cooling systems, including both internal and external models; and
- Welding carts.
2.1.5 Ninety-Day Warranty
Parts only. No labour.
This warranty applies to:
- All helmet lenses, excluding the battery; and
- Adapters.
2.1.6 Thirty-Day Warranty
Parts only. No labour.
This warranty applies to:
- All terminations and cable assemblies for guns, spool guns, push-pull guns, and plasma or TIG torches;
- All stick electrode holders, excluding consumable items;
- Hoses, filters, belts, and hose adapters; and
- Gas regulators.
2.1.7 Miscellaneous Products
For all products manufactured by companies other than Canaweld Inc., the warranty shall be based on the specific manufacturer’s warranty policy.
Engine-Driven Machines:
For engine-driven machines, this LIMITED WARRANTY covers only the electronic components manufactured or supplied by CANAWELD. The engine itself is covered by the engine manufacturer’s warranty policy, usually HONDA or the applicable engine manufacturer.
2.2 Warranty Registration
The END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, and INTERNATIONAL DISTRIBUTOR are advised that all EQUIPMENT covered under this LIMITED WARRANTY requires WARRANTY REGISTRATION, meaning the warranty must be activated through CANAWELD’s online portal.
Failure to register the EQUIPMENT within forty (40) days from the purchase date may result in this LIMITED WARRANTY commencing from the MANUFACTURING DATE, unless SUFFICIENT PROOF OF PURCHASE is submitted to and accepted by CANAWELD.
3. WARRANTY COVERAGE
3.1 Coverage for Defects in Material or Workmanship
Within the applicable warranty periods listed above, CANAWELD will repair or replace any warranted parts or components that fail due to defects in material or workmanship, provided that such failure arises from the normal operation and use of the EQUIPMENT as prescribed in the user manual for the applicable EQUIPMENT and any general safety instructions provided by CANAWELD.
The END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, and INTERNATIONAL DISTRIBUTOR acknowledge that no warranty coverage shall apply where the EQUIPMENT has been stored, installed, operated, maintained, or used outside the specifications, requirements, or instructions provided by CANAWELD.
3.2 Warranty Claim Notification and Required Information
CANAWELD must be notified in writing within thirty (30) days of the discovery of any defect or failure. Upon receiving such notification, CANAWELD will provide instructions regarding the warranty claim procedure to be followed.
In the case of a missing part or an apparent manufacturing defect, CANAWELD must be notified within one (1) week.
Warranty claims submitted online or in writing must include a detailed description of the fault, the circumstances of the failure, and the troubleshooting steps taken to diagnose the issue or failed part. Warranty claims that do not include the required information, as defined by CANAWELD’s service requirements or service operation guidelines, may be denied by CANAWELD.
3.3 Inspection Required for Warranty Claims
All warranty claims are subject to inspection by CANAWELD, CANAWELD SERVICE REPAIR CENTER, AUTHORIZED SERVICE PERSONNEL, or an AUTHORIZED SERVICE CENTRE.
During the inspection process, CANAWELD may verify whether the EQUIPMENT has been subject to physical damage, misuse, abuse, improper installation, improper operation, lack of maintenance, inadequate maintenance, or operation outside the instructions and requirements stated in the applicable user manual.
If the inspection determines that the failure was caused by physical damage, misuse, abuse, lack of maintenance, improper maintenance, unauthorized modification, or operation outside the user manual or product specifications, the warranty claim may be denied.
3.4 CANAWELD’s Warranty Obligations
Repairs and replacements of parts shall be performed only at the discretion of AUTHORIZED SERVICE PERSONNEL.
CANAWELD’s obligation under this LIMITED WARRANTY shall be limited to one or more of the following, at CANAWELD’s discretion:
i. repair of the defective EQUIPMENT or part;
ii. provision of replacement parts for defective components;
iii. upon CANAWELD’s prior written approval, payment of the pre-approved cost of repair or replacement performed at an AUTHORIZED SERVICE CENTRE; or
iv. payment of, or credit for, the purchase price, less reasonable depreciation based on use.
3.5 Warranty on Repaired or Replaced Parts
Any repair to the EQUIPMENT, replacement of any spare part, or replacement of any machine shall be warranted only for the remaining portion of the original WARRANTY PERIOD.
No repair, replacement part, or replacement machine shall extend or restart the original WARRANTY PERIOD unless expressly approved in writing by CANAWELD.
3.6 Authorized Repair Locations
Examination and repair of the EQUIPMENT shall only be carried out at CANAWELD SERVICE REPAIR CENTER or at an AUTHORIZED SERVICE CENTRE. Any repair, attempted repair, service, or modification carried out by unauthorized personnel or an unauthorized facility may void this LIMITED WARRANTY.
3.7 International Distributor Repairs
Notwithstanding Section 3.6 above, INTERNATIONAL DISTRIBUTORS may carry out repairs for their customers through their in-house service or repair facilities. However, in such cases:
i. the INTERNATIONAL DISTRIBUTOR must consult CANAWELD SERVICE REPAIR CENTER and obtain CANAWELD’s prior approval before undertaking any repair work; and
ii. the WARRANTY PERIOD for such repairs shall be limited to a maximum of one (1) year and shall cover parts only. Labour costs shall not be covered.
Customers of an INTERNATIONAL DISTRIBUTOR may choose to send their EQUIPMENT to CANAWELD SERVICE REPAIR CENTER in order to benefit from the full WARRANTY PERIOD referred to in Section 2, subject to the terms and conditions of this LIMITED WARRANTY.
3.8 Transportation and Shipping Charges
Unless otherwise approved in writing by CANAWELD, all transportation, freight, delivery, customs, duty, brokerage, insurance, packaging, and shipping charges to and from CANAWELD SERVICE REPAIR CENTER, the manufacturer, or an AUTHORIZED SERVICE CENTRE shall be the sole responsibility of the party requesting the repair, including the END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, INTERNATIONAL DISTRIBUTOR, or their customers.
This includes shipping the EQUIPMENT to the service center or manufacturer and shipping it back to the customer after inspection, repair, replacement, or denial of the warranty claim.
If, after inspection, CANAWELD determines that the failure was caused by a manufacturing defect, manufacturing process error, or fault covered by this LIMITED WARRANTY, CANAWELD may cover the applicable shipping cost, at CANAWELD’s discretion and in accordance with CANAWELD’s warranty claim procedure.
4. EXCLUSIONS
The scope of this LIMITED WARRANTY shall not extend to, and CANAWELD shall not be liable for, any of the following:
4.1 Non-CANAWELD Accessories or Components
Power supplies that have been operated with other brands of torches, guns, welding connectors, cooling units, related consumables, accessories, attachments, or components not sold, supplied, or approved by CANAWELD.
4.2 External Parts of Machines
External parts of machines, including but not limited to switches, knobs, potentiometers, welding connections, gas connections on machine panels, enclosures, LCD screens, displays, and similar external components.
4.3 Expendable Parts and Normal Wear
Replacement of any expendable part required due to normal wear and tear, including but not limited to torch or gun contact tips, nozzles, heads, gas diffusers, triggers, liners, or any other parts that fail due to normal wear.
4.4 Improper Packing
Defects, damage, or failure caused by improper packing by the END USER, distributor, customer, or any other party when returning the product.
4.5 Unauthorized Modification, Misuse, or Improper Operation
EQUIPMENT that has been modified by any party other than CANAWELD, or EQUIPMENT that has been improperly installed, improperly operated, misused according to industry standards, not reasonably or properly maintained, or used outside the specifications for the EQUIPMENT.
4.6 Failure to Perform Recommended Maintenance
Damage caused by failure to carry out the recommended maintenance, routine inspection, cleaning, or service requirements applicable to the EQUIPMENT.
4.7 Unapproved Attachments, Accessories, or Parts
Failures resulting from attachments, accessories, parts, or components not sold, supplied, or approved by CANAWELD.
4.8 Delay in Delivering Equipment for Service
Failures or additional damage resulting from delay in delivering the EQUIPMENT to CANAWELD SERVICE REPAIR CENTER or an AUTHORIZED SERVICE CENTRE after the END USER, distributor, or customer has been notified of a potential problem with the EQUIPMENT.
4.9 Consumable Parts
Damage resulting from normal wear and tear, and repairs or replacement of any parts reasonably considered to be consumables, including but not limited to:
TIG torch components:
i. collets and collet bodies;
ii. gas nozzles;
iii. gas cups;
iv. insulators;
v. back cups; and
vi. gas lenses.
MIG/MAG torch components:
vii. gas nozzles;
viii. tips;
ix. gas lenses;
x. liners; and
xi. drive wheels.
4.10 Circumstances Outside CANAWELD’s Control
Failures caused by circumstances outside CANAWELD’s control, including but not limited to damage from external sources, transit, weather, electrical outages, power surges, accidents, fire, flood, corrosion, severe temperature, or other events beyond CANAWELD’s reasonable control.
4.11 Improper Installation, Care, or Abnormal Operation
If the EQUIPMENT has been subjected to improper installation, improper care, abnormal operation, abuse, misuse, or operation outside the applicable user manual or product specifications, this LIMITED WARRANTY shall be void.
4.12 Cooling Units and Antifreeze Fluid
When operating a CANAWELD cooling unit, it is highly recommended to use CANAWELD Antifreeze Fluid MTP11, an antifreeze product specifically designed to protect the EQUIPMENT from freezing and related damage.
This LIMITED WARRANTY shall not cover damage caused to the EQUIPMENT due to lack of antifreeze fluid or due to the use of antifreeze fluid other than CANAWELD Antifreeze Fluid MTP11.
5. REPRESENTATIONS, WARRANTIES, AND LIMITATIONS OF LIABILITY
5.1 CANAWELD’s Warranty
From the COMMENCEMENT DATE, CANAWELD warrants that the EQUIPMENT supplied under this LIMITED WARRANTY shall be of CANAWELD’s standard quality and reasonably suitable for the general purposes for which such EQUIPMENT is intended.
If defects are discovered in the EQUIPMENT that were present at the COMMENCEMENT DATE and are covered under this LIMITED WARRANTY, CANAWELD shall, at its sole discretion, either repair the defect or supply defect-free replacement EQUIPMENT or parts.
5.2 No Other Warranties
CANAWELD makes no other warranty of any kind, whether express or implied, including but not limited to any warranty of merchantability, fitness for a particular purpose, or non-infringement.
CANAWELD specifically makes no warranties regarding any services or compliance with laws, regulations, standards, or conventions, including those related to the environment, packaging, labelling, or transportation of hazardous EQUIPMENT or materials.
No warranty shall apply to shipping damage, damage caused by improper installation, EQUIPMENT that has been modified or altered in any way, damage caused by corrosion, abrasion, severe temperatures, improper maintenance, abuse, misuse, abnormal usage, improper storage, insect damage, pest damage, rodent damage, or accident.
5.3 Customer Compliance and Indemnity
The END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, and INTERNATIONAL DISTRIBUTOR warrant that they shall fully comply with all label directions, user manual instructions, safety requirements, storage requirements, possession requirements, handling requirements, and use requirements applicable to the EQUIPMENT.
The END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, and INTERNATIONAL DISTRIBUTOR agree to indemnify and hold CANAWELD harmless from all claims, including but not limited to legal fees, personal injury claims, property damage claims, and related losses, resulting from any negligence, recklessness, wilful misconduct, misuse, or failure to comply with the terms of this LIMITED WARRANTY or the applicable instructions for the EQUIPMENT.
5.4 No Liability for Improper Use or Handling
CANAWELD shall not be liable for damages resulting from unsuitable or improper use, improper assembly, improper commissioning, improper handling by the END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, INTERNATIONAL DISTRIBUTOR, their customers, or any third party.
CANAWELD shall also not be liable for damage resulting from normal wear and tear, premature erosion due to the nature of the material or its use, improper or negligent handling or storage, improper maintenance, defective construction works, unsuitable building conditions, exposure to the elements, damage caused by insects or similar pests, or chemical, electrochemical, or electrical influences, unless CANAWELD is directly responsible for such influences.
5.5 Exclusion of Consequential Damages
CANAWELD shall not be liable for any loss or damage that relates in any manner to:
- loss of revenue;
- loss of profits;
- loss of opportunity;
- loss of production;
- loss or denial of use of any equipment or facility;
- increased operating expenses;
- economic loss;
- loss of goodwill or reputation;
- delay;
- business interruption;
- cost of repair or replacement of equipment, facilities, goods, or related third-party services; or
- any indirect, incidental, special, punitive, or consequential loss or damage.
5.6 Commercial and Industrial Use
The EQUIPMENT is intended for commercial and industrial users who are trained and experienced in the use, operation, and maintenance of welding and cutting equipment. The EQUIPMENT is not intended for personal, family, or household use.
5.7 Weld Fume Extraction Products
The END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, INTERNATIONAL DISTRIBUTOR, and their customers are responsible for filter replacement, routine inspection, wear inspection, and regular maintenance of weld fume extraction products.
Use of environmental products without routine inspection, regular maintenance, and timely filter replacement may cause premature failure, which is not covered under this LIMITED WARRANTY.
5.8 Cable Wear and Inspection
CANAWELD is not responsible for cable wear or consequential damage resulting from cable wear due to flexing, abrasion, misuse, improper storage, or lack of inspection.
The END USER, CANADIAN DISTRIBUTOR, US DISTRIBUTOR, INTERNATIONAL DISTRIBUTOR, and their customers are responsible for routine inspection of cables for possible wear and for taking corrective action before cable failure occurs.
5.9 Non-Transferability
This LIMITED WARRANTY and the rights granted under it are non-transferable and apply only to the original purchaser or applicable authorized distributor, subject to the terms of this LIMITED WARRANTY.
6. MISCELLANEOUS
6.1 Governing Law
This LIMITED WARRANTY shall be governed by the laws of the Province of Ontario.
Accordingly, any dispute concerning the validity, existence, interpretation, rectification, breach, termination, or enforcement of this LIMITED WARRANTY, or any dispute arising out of or relating to this LIMITED WARRANTY, shall be determined in accordance with the laws of the Province of Ontario.
6.2 Severability
If any part, term, clause, or provision of this LIMITED WARRANTY is held to be illegal, invalid, unenforceable, or in conflict with any law, the remaining parts, terms, clauses, and provisions shall remain valid and enforceable to the fullest extent permitted by law.
The rights and obligations of the parties shall be interpreted and enforced as if the LIMITED WARRANTY did not contain the particular part, term, clause, or provision held to be illegal, invalid, or unenforceable.
6.3 Purchasers in Quebec
The parties acknowledge that they have required that this document, as well as all documents, notices, and legal proceedings entered into, given, or instituted pursuant to or relating directly or indirectly to this document, be drawn up in English.
Les parties reconnaissent avoir convenu que la rédaction du présent document sera en anglais, ainsi que tous documents, avis et procédures judiciaires exécutés, donnés ou intentés à la suite de ou en rapport, directement ou indirectement, avec les procédures concernées.
