WARRANTY STATEMENT

PDQ WARRANTY

P.D.Q. Bulk Sealer (“P.D.Q. Bulk Sealer”) hereby warrants that, at the time of sale, its products are fit for use according to the written recommendations of P.D.Q. Bulk Sealer and in applications for which one or more of the standards set forth in P.D.Q. Bulk Sealer product data bulletins and product labels are specified. P.D.Q. Bulk Sealer further warrants its products to be free of defects in materials, design, and workmanship.

THIS WARRANTY IS SUBJECT TO THE FOLLOWING LIMITATIONS:

  1. This warranty only applies to P.D.Q. Bulk Sealer products for which P.D.Q. Bulk Sealer does not offer a separate, specific warranty.
  2. This warranty only applies to P.D.Q. Bulk Sealer products that are unaltered, packaged, and sold by P.D.Q. Bulk Sealer or its affiliates.
  3. The liability of P.D.Q. Bulk Sealer shall be limited to replacement of the defective product only.

LIMITATION OF LIABILITY

IN NO CASE SHALL P.D.Q. BULK SEALER BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF OTHER PROPERTY OR EQUIPMENT, LOSS OF PROFITS OR REVENUE, COST OF CAPITAL, BUSINESS INTERRUPTION, LODGING, TOWING, OR COST OF REPLACEMENT EQUIPMENT.

THE LIABILITY OF P.D.Q. BULK SEALER ARISING OUT OF THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, TECHNICAL DIRECTIONS, OR RECOMMENDATION OF ANY PRODUCT, WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE, SHALL NOT EXCEED THE VALUE OF PRODUCT PURCHASED.

THE REMEDIES PROVIDED HEREIN ARE EXCLUSIVE.

CLAIM PROCEDURE

In the event of a claim against P.D.Q. Bulk Sealer, the following procedure must be fully complied with:

  1. Where the original warranty from the equipment or substrate manufacturer is still in effect, the customer shall file a warranty claim with the Original Equipment Manufacturer (OEM) or substrate supplier in accordance with their warranty procedures.
  2. The customer shall retain failed parts, materials, or surfaces for inspection by P.D.Q. Bulk Sealer, unless released to the OEM.
  3. The customer shall, within thirty (30) days of the failure, notify P.D.Q. Bulk Sealer and provide the following:
    i. A representative sample of the product used (if applicable), retained in a clean container;
    ii. Documentation including make, model, year, and description of the equipment, structure, or surface involved, including service environment;
    iii. Maintenance, preparation, and application history documentation, including surface prep, curing conditions, and application methods;
    iv. Proof of purchase for the P.D.Q. Bulk Sealer product; and
    v. Batch number from the product container or Certificate of Analysis (if available).
  4. All samples and information listed above shall be shipped, at the customer’s expense, to the address provided by P.D.Q. Bulk Sealer upon request.
  5. In cases where an OEM or substrate warranty is denied based on the use of a P.D.Q. Bulk Sealer product, the customer shall immediately notify P.D.Q. Bulk Sealer and provide written documentation of the denial.
  6. P.D.Q. Bulk Sealer may, at its option, notify its insurance carrier of the claim.
  7. P.D.Q. Bulk Sealer or its insurance carrier may conduct an investigation that includes, but is not limited to, inspection of the failed equipment, structure, or surface; a review of operating or environmental conditions; and review of the information requested above. The customer agrees to cooperate fully with such investigation.
  8. If P.D.Q. Bulk Sealer or its insurer pays a claim, an attempt may be made to recover amounts paid from third parties. The customer agrees to provide further information and cooperation as required for such recovery efforts.

EXCLUSIONS FROM WARRANTY COVERAGE

This warranty does not cover:

  1. P.D.Q. Bulk Sealer products used on mechanically deficient, structurally unsound, improperly prepared, or damaged surfaces due to abnormal operation, negligence, abuse, accident, shipment damage, or unauthorized modification.
  2. P.D.Q. Bulk Sealer products used in aircraft or aviation applications.
  3. Products used without written approval in applications where substrate or OEM requirements do not match those stated by P.D.Q. Bulk Sealer.
  4. Products that have been contaminated/modified after leaving P.D.Q. Bulk Sealer’s premises due to improper handling, storage, or application conditions.
  5. Products packaged by anyone other than P.D.Q. Bulk Sealer or its affiliates.
  6. Failures resulting from use not strictly in accordance with P.D.Q. Bulk Sealer written recommendations or applicable OEM/substrate requirements.
  7. Products used in conjunction with any other product, additive, or material not authorized by P.D.Q. Bulk Sealer.
  8. Failures caused by pre-existing conditions unrelated to the P.D.Q. Bulk Sealer product.
  9. Normal wear and tear.

NO LIABILITY CONDITIONS

P.D.Q. BULK SEALER SHALL NOT BE LIABLE IF:

  1. OEM or substrate manufacturer recommendations were not followed.
  2. P.D.Q. Bulk Sealer was not notified within thirty (30) days of the failure/issue.
  3. Claim information is deemed insufficient at P.D.Q. Bulk Sealer’s sole discretion.
  4. Inspected materials do not substantiate a defect or failure attributable to the product.
  5. Requested materials or samples are unavailable for inspection.
  6. The customer fails to follow the procedures or terms set forth herein.
  7. The failure was the result of an OEM, substrate, or third-party defect.

GOVERNING LAW

This warranty shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.

ENTIRE WARRANTY

UNLESS A SEPARATE, SPECIFIC WARRANTY HAS BEEN PROVIDED IN WRITING, THIS WARRANTY CONSTITUTES THE SOLE AND EXCLUSIVE WARRANTY PROVIDED BY P.D.Q. BULK SEALER AND SUPERSEDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE CUSTOMER WAIVES ANY CLAIM THAT THESE LIMITATIONS OR EXCLUSIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THIS WARRANTY TO FAIL OF ITS ESSENTIAL PURPOSE.