LIMITED WARRANTY FOR NEW MILLERDALE TOOL & MACHINE PRODUCTS
LIMITED WARRANTY FOR NEW MILLERDALE TOOL & MACHINE PRODUCTS
“Millerdale” means the Millerdale Tool & Machine Corporation, PO Box 72209 Sherwood Park, Alberta Canada T8H 0M6. The warranties described below are provided by Millerdale to the original purchasers of new products purchased from Millerdale or from a Millerdale authorized Dealer (the “Products”). Under these warranties, Millerdale will, at its option, repair or replace at its factory any Product covered under these warranties which is found to be defective in material and workmanship during the applicable warranty term or refund the purchase price paid for the defective Product. Customer will be responsible for labor charges for removing the defective Product and reinstalling the repaired or replacement Product, any premium charge for overtime labor requested of Millerdale and shipping charges to and from the Millerdale factory. These warranties are not transferable.
Subject to exclusions and limitations set forth herein, each new Product is warranted for the number of years specified below. Each warranty term begins from the date of purchase regardless of delay in receipt of the Product by Customer due to the time required to process, handle, ship, assemble, construct and install the Product. Customer must retain proof of the date of purchase. Replacement parts for and repairs to the Product will be warranted only for the remainder of the original warranty term. The replacement parts for or repairs to the Product will not extend the warranty term beyond the original warranty term. Products include all parts, components and accessories.
ALL PRODUCTS (Unless otherwise indicated at time of sale), one (1) calendar year from date of sale.
ITEMS COVERED SEPARATELY
Millerdale warranties do not cover any parts, components or materials that are part of the Product, or used in conjunction with the Product, that are not manufactured by Millerdale. Such parts, components and materials will be subject to the warranties provided by their manufacturer, if any.
WHAT IS NOT WARRANTED
Millerdale does not warrant and is not responsible for the following: (1) used Products; (2) modification or alteration of the Products; (3) Products that have not been properly installed or not installed in accordance with the instruction manual, improper assembly, or improper construction by any persons other than Millerdale employees; (4) depreciation, damage or loss caused by the use of parts, components or accessories not provided by Millerdale, unauthorized repairs, normal wear, or lack of necessary and proper maintenance, a failure to follow operating instructions/recommendations, misuse, lack of proper protection during storage, vandalism or theft, exposure to the elements or corrosive materials, accidents or acts of nature including lightning, flooding, hail, straight winds and tornadoes; and (5) cosmetic damage or damage that does not hinder the functionality of the Products.
LIMITATIONS OF WARRANTIES AND CUSTOMER’S REMEDIES
To the extent permitted by law, neither Millerdale, the Dealer nor any person or company affiliated with either of them makes any warranties, representations, conditions or promises express or implied as to the quality, performance or freedom from defects of the Products covered by these warranties other than those set forth herein. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NEITHER MILLERDALE, THE DEALER, NOR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM WILL BE LIABLE FOR ANY DAMAGES, INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, LOST PROFITS AND REVENUES, LOST USE OF THE PRODUCTS OR ANY OTHER PROPERTY, BODILY INJURY OR PROPERTY DAMAGE CLAIMS OF ANY PERSON, LOST COMMODITIES, REMOVAL OR STORAGE COSTS FOR THE PRODUCTS, OTHER EQUIPMENT AND COMMODITIES, DAMAGE TO THE ENVIRONMENT ARISING FROM OR IN ANY MANNER RELATED TO ANY RELEASE OF HAZARDOUS MATERIALS, AND REMEDIATION EXPENSES THEREFORE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER LEGAL BASIS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO INSTANCE WILL MILLERDALE, THE DEALER OR ANY PERSON OR COMPANY AFFILIATED WITH EITHER OF THEM BE LIABLE TO CUSTOMER OR ANY PERSON IN AN AMOUNT IN EXCESS OF THE PURCHASE PRICE PAID BY CUSTOMER FOR THE PRODUCT.
NO DEALER WARRANTY
THE DEALER HAS NO AUTHORITY TO MAKE ANY WARRANTY, REPRESENTATION, CONDITION OR PROMISE ON BEHALF OF MILLERDALE, OR TO MODIFY THE TERMS OR LIMITATIONS OF THIS WARRANTY IN ANY WAY.
These warranties, and all terms set forth herein, are governed by the laws of the Province of Alberta and, where applicable, the laws of the Government of Canada. Any and all disputes arising from these warranties, the purchase and use of the Products, bodily injury and property damage claims or otherwise will be heard in the City of Edmonton, Alberta Canada. The Customer agrees to such venue and waives any challenge to such court’s jurisdiction based upon lack of personal jurisdiction or inconvenience.
SECURING WARRANTY SERVICE
In order to receive warranty services, customer must give Millerdale written notice of a warranty claim within 30 days of the date of discovery of the defective materials or workmanship, and Customer must complete the following steps:
a) Obtain from Millerdale a Product Return Authorization Number (“PRA Number”) by calling the Customer Service Department at (780) 464-1942 or e-mail firstname.lastname@example.org, and providing the following information;
An explanation as to why the Product is being returned.
The name of the Dealer or Millerdale salesperson from whom the Product was purchased.
The invoice number and date of purchase.
Customer’s name, phone number, fax number, mailing address and email address.
The date that the Product will be returned.
b) Pay all charges to ship the Product to the Millerdale factory, and the return shipping charges.
c) Ship the Product to;
Millerdale Tool & Machine Corporation
Bay A, 5217 – 63 St
Lloydminster AB, T9V 2E7
SHIPPING AND RETURNS
In-Stock orders typically ship within 24 business hours of full payment. Processing may take up to two (2) business days before shipping and potentially more during periods of high volume. We are based in Edmonton Alberta, Canada and follow Canadian public holidays that may differ from other countries. In such instances, orders may be delayed by an additional business day. While we try to ensure that our online inventory is correct and only in-stock items are listed as such, there are occasions when some products may be oversold. You will be notified if an item is unavailable for shipment. For orders that contain Built To Order products, the entire order will be held till all products are manufactured and available to be shipped together, unless we are otherwise notified. Additional shipping charges may be due. We ship using UPS. During the checkout process, the software will automatically provide an estimate of when the order will arrive if the order is placed. Please note that the amount provided is an estimate and actual shipping times might vary for unusually remote locations and/or extremely large orders, and that the estimate is valid for In-Stock orders only. If your order contains Built To Order products, please contact us for an updated estimate.
Local pickup orders are available for all customers. Customers will receive a shipment confirmation indicating that the order is ready for pickup at our factory location; Millerdale Tool & Machine Corporation Bay A, 5217 - 63 Street Lloydminster Alberta. Will Call hours are 8AM - 5pm, Monday to Friday (excluding public holidays), An appointment is required. Please note that our Will Call location is designed to serve customers who have placed their orders in advance and received confirmation. We are not set up to handle on-site orders, any customer wishing to purchase items in person without having placed a prior order and received confirmation will be charged a $75.00 service fee. Local Pickups that have not been picked up within 14 days of confirmation that the order is ready for pickup are subject to a cancellation fee if they are abandoned or cancelled. Orders that are not picked up within 60 days of order confirmation are considered abandoned and will be disposed of at the discretion of Millerdale Tool & Machine Corporation.
Millerdale Tool & Machine Corporation extends a 14-day guarantee for all orders from receipt of the order except for Promotional Items Orders. Receipt will be counted from delivery confirmation information (when available) or after sale (when no delivery information is available - normally for International Orders only). All Promotional Items are sold ‘as is’. This includes sale items, and Dings and Dents All returns must be authorized by us before being shipped back. This is to ensure that we expect the order and will credit your account properly. Millerdale Tool & Machine Corporation will not pay for return shipment charges unless the return is due to our error. All returns must include all pieces. In the case of defective product, all pieces are to be returned including the defective pieces. Our return amounts for the guarantee period (except for Promotional Items Orders) are as follows;
100% refund for all unopened In-Stock products excluding the original shipping charges.
80% refund for all opened In-Stock products excluding the original shipping charges so long as all pieces are included
75% for all Built To Order Products
All returns must arrive with your full name, address and the original order number. This can be found in the packing slip first provided. Returns must be sent to; Millerdale Tool & Machine Corporation Bay A, 5217-63 Street Lloydminster AB, T9V 2E7.
BACK ORDERS AND BUILT TO ORDER
If an order contains a back ordered or Build To Order product (product is out of stock currently, has a negative or 0 stock quantity at time of ordering or has a listed availability of Built To Order", the entire order will be held to ship when all products in the order are in stock. When an order is placed, all currently in-stock product is taken from stock and set aside for the customer. As such, if an order has a Built To Order product with an expected manufacturing date greater than a month from the date of the order, all in-stock products on the order may be charged immediately. Note: if you pay using any other method other than Visa or Mastercard Credit Cards, you will be charged immediately for the entire order.
Products that are currently In Stock may be shipped immediately at the customer’s request. However, additional shipping charges for the remaining, un-shipped, Built To Order products will be required and must be paid before the Products are shipped. Customers may combine these un-shipped products with another order if they wish. We will attempt to fill each and every order with all reasonable haste, but due to circumstances beyond our control, changes or cancellations may be necessary to a Build To Order. If we are unable to fill an order (because an item has been delayed indefinitely, or is no longer manufactured), we will contact you and provide the option of modifying your order. If we have not received a response regarding an order that has in-stock items being held for it within 1 month, we will cancel the unavailable product(s) and ship the remainder of your order. If a customer cancels a held order after 1 month from the date of the order, a restocking fee of 25% of all in-stock; held products from the customer’s order will be charged.
If an item you have ordered goes on sale and has not yet been shipped or is within 14 days of order shipping you may contact us to receive it at the reduced price if your order (i.e. order status is still "Processing"). Our sale pricing applies to in-stock products only.
Millerdale Tool collects Provincial and Federal sales taxes, as applicable, from customers in Canada.
Orders for In-Stock products canceled before processing and packaging is completed will receive a 100% refund. Cancelled orders of In-Stock processed and packaged and Build To Order items will be charged a restocking fee of 25% of the value of the products.
EFFECTIVE DATE AND CHANGES IN TERMS
The Terms and Conditions are effective as of the version date set forth at the end of the Terms and Conditions. We reserve the right to change the Terms and Conditions at any time and your use after any change signifies your acceptance of the changed terms. Notice may be given by making a revision to the Terms and Conditions and changing the version date as shown below.