Ergo Advantage Inc. offers a one time product replacement warranty that guarantees all non-gritted matting will be free of manufacturing defects for the lifetime of the product, subject to the terms and conditions set out herein. Ergo does not authorize any other person to give any other warranties on Ergo’s behalf.
WARRANTY ELIGIBILITY REQUIREMENTS
This Limited Warranty applies only if:
- The Products have been properly installed and maintained in accordance with Ergo’s Installation and Maintenance Guide and are subject to normal use
- The “Normal Use” of the Products by the Customer is defined as regular use by standing employees.
This Limited Warranty covers defects in the materials and workmanship of the Products that arise out of the Normal Use of the Products, which may include defects in the functional integrity of matting (including leg structure and tile connectors) or wear-through of the matting.
This Limited Warranty shall not apply to:
- Regular wear and tear of the Products that doesn’t affect the ergonomic integrity; or
- Defects, damage or failure resulting from the Products having been misused, mishandled, improperly maintained, neglected or repaired without Ergo’s prior written approval.
If any Product proves defective during the Warranty Period and the Customer has complied with all of the terms and conditions contained herein, Ergo shall, at its option, repair, replace or refund the defective Products in question at no charge to the Customer, excluding all related freight, shipping, duties, removal and installation costs. In the event that Ergo decides to refund the Customer, the amount of the refund shall not exceed the lesser of (i) the replacement cost of the Products, or (ii) the purchase price paid for the Products by the Customer.
Ergo reserves the right to inspect, or have an Authorized Representative inspect, any defective Products in place prior to any Product repair or replacement. Ergo may, in its sole discretion, void this Limited Warranty in the event that the Products are removed or modified prior to an inspection.
SUBMITTING A WARRANTY CLAIM
To obtain service under this Limited Warranty, the Customer must, during the Warranty Period and not later than 30 days after the date on which the defect was or reasonably ought to have been discovered (i) provide Ergo with a written notice of any alleged defect and (ii) send photographs of the defective Products to Ergo at email@example.com
LIMITATION OF LIABILITY AND DISCLAIMER
Ergo’s liability with respect to the Products shall be limited to this Limited Warranty. Neither Ergo nor the Authorized Representatives shall have any other obligations or liabilities, whether arising out of breach of contract, warranty, tort (including negligence and strict liability), or other causes of action, with respect to the Products or any related services, including, without limitation, property damage, death or personal injury, damages, penalties, incidental, consequential, special, and indirect or punitive damages, lost profits or revenues, down time, shut down or slow down costs, or any other types of economic loss, whether or not Ergo or the Authorized Representatives are aware or advised of the possibility of such losses.
This Limited Warranty constitutes the entire agreement between Ergo and the Customer pertaining to the warranty for and liability relating to the Products and supersedes all other agreements, understandings, negotiations, representations and warranties, whether oral or written, of the parties. All terms and conditions contained in any prior oral or written communication, whether from Ergo, the Authorized Representatives or the Customer, which are different from or in addition to this Limited Warranty are hereby rejected and shall not be binding on Ergo.
This Limited Warranty shall be construed in accordance with and governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Without regard to conflicts of laws principles, the Customer hereby irrevocably attorns to the exclusive jurisdiction of the courts of the Province of Ontario. For more information, please visit www.ergoadvantageinc.com or contact us at firstname.lastname@example.org.