WerkMaster 3 Year Equipment Warranty
Effective January 1st, 2016
WerkMaster Grinders & Sanders Inc. is a Canadian manufacturer producing machines with components exclusively manufactured in the United States and Canada. We pride ourselves on producing Best in Class equipment for concrete, stone, hardwood, terrazzo and vinyl finishing and restoration.
Our pride of workmanship and quality of materials permits us to be the first company to offer a (3) Three Year Parts and Labor Warranty on select models.
Electric Models
WerkMaster Grinders & Sanders Inc. herein referred to as WerkMaster warrants that each new Scarab, Termite XT, Viper XT, Raptor XT, TITAN XT, and COLOSSOS XT manufactured by WerkMaster to be free from defects in material and workmanship in normal use and service for a period of (3) three years from date of shipment to the original Purchaser or Distributor.
Accessories or equipment furnished and installed on the product by WerkMaster but manufactured by others, including but not limited to engines, motors, electrical components, transmissions, etc. such as Baldor motors (5 Years), Vacon X4 Variable Frequency Drives (3 Years), Lenze America Variable Frequency Drives (3 Years), shall carry the accessory manufacturer’s own warranty.
Propane Models
WerkMaster warrants that each new TITAN XT Propane and COLOSSOS XT Propane manufactured by WerkMaster to be free from defects in material and workmanship in normal use and service for a period of (3) three years from date of shipment to the original Purchaser or Distributor including the Kawasaki engine.
Propane Burnishers
WerkMaster warrants that each new Spectre Propane and Stealth Propane burnisher manufactured by WerkMaster to be free from defects in material and workmanship in normal use and service for a period of (1) one year from date of shipment to the original Purchaser or Distributor excluding the Kawasaki engine. Kawasaki warrants their engine for a period of (1) one year and warranty is performed by authorized Kawasaki repair depots.
WerkMaster Rights & Conditions
WerkMaster will, at its option and its full and unfettered discretion, repair or replace, at the WerkMaster factory or at a point designated by WerkMaster, any part which shall appear to the satisfaction of WerkMaster inspection to have been defective in material or workmanship.
WerkMaster reserves the right to modify, alter and improve any part or parts without incurring any obligation to replace any part or parts previously sold without such modified, altered or improved part or parts.
This warranty is in lieu of and excludes all other warranties, expressed, implied, statutory, or otherwise created under applicable law including, but not limited to the warranty of merchantability and the warranty of fitness for a particular purpose. In no event shall the Seller or the Manufacturer of the product be liable for special, incidental, or consequential damages, including loss of profits, whether or not caused by or resulting from the negligence of Seller and/or the Manufacturer of the product unless specifically provided herein.
In addition, this warranty shall not apply to any products or portions thereof which, at WerkMaster’s discretion, have been subjected to abuse, misuse, improper installation, maintenance, or operation, electrical failure or abnormal conditions, and to products which have been tampered with, altered, modified, repaired, reworked by anyone not approved by the seller, or used in any manner inconsistent with the provisions of the above or any instructions or specifications provided with or for the product.
Except for conditions or warranties which may not be excluded by law, the Seller makes no warranty of its own on any item warranted by WerkMaster, and makes no warranty on other items unless it delivers to the Purchaser a separate written warranty document specifically warranting the item. The Seller has no authority to make any representation or promise on behalf of WerkMaster or to modify the terms or limitations of this warranty in any way.
Shipping of goods and/or products to and/or from WerkMaster or an authorized WerkMaster representative is the sole responsibility of the Purchaser and is not covered under the terms of this warranty.
FORCE MAJEURE
Seller’s obligation hereunder are subject to, and Seller shall not be held responsible for, any delay or failure to make delivery of all or any part of the Product due to labor difficulties, fires, casualties, accidents, acts of the elements, acts of God, transportation difficulties, delays by a common carrier, inability to obtain Product, materials or components or qualified labor sufficient to timely perform part of or all of the obligations contained in these terms and conditions, governmental regulations or actions, strikes, damage to or destruction in whole or part of manufacturing plant, riots, terrorist attacks or incidents, civil commotions, warlike conditions, flood , tidal waves, typhoon, hurricane, earthquake, lightning, explosion or any other causes, contingencies or circumstances within CANADA not subject to the Seller’s control which prevent or hinder the manufacture or delivery of the Products or make the fulfillment of these terms and conditions impracticable. In the event of the occurrence of any of the foregoing, at the option of Seller, Seller shall be excused from the performance under these Terms and Conditions, or the performance of the Seller shall be correspondingly extended. This document sets forth the terms and conditions pursuant to which the purchaser(“Purchaser”) will purchase and WerkMaster (“Seller”) will sell the products, accessories, attachments (collectively “the Products”) ordered by the Purchaser. These terms and conditions shall govern and apply to the sale of Seller’s Products to Purchaser, regardless of any terms and conditions appearing on any purchase order or other forms submitted by Purchaser to Seller, or the inconsistency of any terms therein and herein.
RETURN OF DEFECTIVE PRODUCTS
Defective or failed material shall be held at the Purchaser’s premises until authorization has been granted by Seller to return or dispose of Products. Products that are to be returned for final inspection must be returned Freight Prepaid in the most economical way. WerkMaster will, at its option, repair or replace, at the WerkMaster factory or at a point designated by WerkMaster, any product which shall appear to the satisfaction of WerkMaster inspection to have been defective in material or workmanship.
LIABILITY LIMITATIONS
The remedies of the user set forth under provisions of warranty are the exclusive and total liability of WerkMaster with the respect to their sale or the equipment and service furnished hereunder, in connection with the performance or breach thereof, or from the sale, delivery, installation, repair or technical direction covered by or furnished under the sale, whether based on contract, warranty, negligence, indemnity, strict liability, or otherwise shall not exceed the purchase price of the unit of equipment upon which such liability is based.
WerkMaster will not in any event be liable to the user, any successors in interest or any beneficiary or assignee relating to this sale for any consequential, incidental, indirect, special or punitive damages arising out of this sale or any breach thereof, or any defects on, or failure of, or malfunction of the equipment under this sale based upon loss of use, lost profits or revenue, interest, lost goodwill, work stoppage, impairment of other goods, loss by reason of shutdown or non-operation, increased expenses of operation of the equipment, cost of purchase or replacement power of claims of users or customers of the user for service interruption whether or not such loss or damage is based on contract, warranty, negligence, indemnity, strict liability, or otherwise.
WerkMaster reserves the right to modify, alter and improve any part or parts without incurring any obligation to replace any part or parts previously sold without such modified, altered or improved part or parts.
No person is authorized to give any other warranty or to assume any additional obligation on WerkMaster’s behalf unless made in writing and signed by an officer of WerkMaster.
As a condition of these warranties, you are responsible for properly using, maintaining, and caring for your machine as outlined in your Owner’s Manual. WerkMaster recommends that you maintain copies of all maintenance records and receipts for review by WerkMaster.
USE ONLY GENUINE WERKMASTER PARTS AND ACCESSORIES FOR YOUR OWN SAFETY, THE SAFETY OF OTHERS AND THE LIFE OF YOUR MACHINE. THIS WARRANTY IS NOT VALID IF YOUR MACHINE HAS BEEN MODIFIED WITHOUT WERKMASTER’S AUTHORISATION OR REPAIRED WITH UNAUTHORISED REPLACEMENT PARTS.