LIMITED WARRANTY

Forsythe Lubrication Associates Ltd. (“Forsythe Lubrication”) hereby warrants that, at the time of sale, its products are fit for use according to the written recommendations of Forsythe Lubrication and in applications for which one or more of the standards set forth in Forsythe Lubrications product data bulletins and product labels are specified. Forsythe Lubrication 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 Forsythe Lubrication products for which Forsythe Lubrication does not offer a separate, specific warranty.
2. This warranty only applies to Forsythe Lubrication products that are packaged and sold by Forsythe Lubrication or its affiliates.
3. The liability of Forsythe Lubrication shall be limited to:
a. Replacement of the defective products; and
b. The cost, including labour and materials, to repair, or at the option of Forsythe Lubrication, to replace damaged equipment or fluid parts by Forsythe Lubrication products according to Forsythe Lubrication recommendations.

  1. IN NO CASE SHALL FORSYTHE LUBRICATION 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 FORSYTHE LUBRICATION ARISING OUT OF THE MANUFACTURE, SALE, DELIVERY, INSTALLATION, TECHNICAL DIRECTIONS OR RECOMMENDATION OF ANY FLUID WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE SHALL NOT EXCEED THE VALUE OF THE EQUIPMENT IN WHICH THE FLUID WAS USED. THE REMEDIES TO THE CUSTOMER HEREIN ARE EXCLUSIVE.
  2. In the event of a claim against FORSYTHE LUBRICATION, the procedure below must be completely followed.
    a. Where the original warranty from the equipment manufacturer is still in effect, the customer shall file a warranty claim with the Original Equipment Manufacturer (OEM) in accordance with the OEM warranty procedures.
    b. The customer shall retain failed parts for inspection by Forsythe Lubrication, unless given to the OEM.
    c. The customer shall, within thirty (30) days of the failure of the equipment, notify Forsythe Lubrication and provide the following:
    (i.) An four (4) liter representative fluid sample taken from the failed equipment and put into a clean container;
    (ii.) Documentation, including make, model, and year of the equipment, total accumulated kilometers and/or hours, and duty cycle or service environment;
    (iii.) Equipment or vehicle maintenance history documentation, including kilometers or hours at the time of Forsythe Lubrication fluid installation, general equipment repairs, and oil analysis results, if available;
    (iv.) Proof of purchase for Forsythe Lubrication product; and
    (e.) Batch number from product container or Certificate of Analysis (if available).
    d. The sample and information listed in Section 5(c) shall be mailed, at the customer’s expense, to:
    Forsythe Lubrication Associates Ltd.
    120 Chatham Street
    Hamilton, Ontario
    L8P 2B5
    e. In cases where the OEM warranty is still in effect and that warranty coverage is denied based on the use of an Forsythe Lubrication product, the customer shall immediately notify Forsythe Lubrication and provide a written copy of the OEM warranty denial.
    f. Forsythe Lubrication may, at its option, notify its insurance carrier of the claim.
    g. Forsythe Lubrication or its insurance carrier may conduct an investigation that includes, but is not limited to, an inspection of the failed equipment, a review of the operating conditions and a thorough review of the information requested above. The customer agrees to cooperate with such investigation.
    h. If Forsythe Lubrication or its insurance carrier pays a claim, an attempt may be made by Forsythe Lubrication or its insurance carrier to recover amounts paid from the OEM. If this occurs, the customer agrees to provide further information pertaining to the equipment failure to Forsythe Lubrication or its insurer upon request, and to cooperate with Forsythe Lubrication or its insurer in the recovery process.

THE WARRANTY SHALL NOT BE EXTENDED TO COVER THE FOLLOWING:

  1. Forsythe Lubrication products used in mechanically deficient equipment as a result of abnormal operation, negligence, abuse, damage from casualty, shipment or accident, or equipment modification using components other than those from Forsythe Lubrication or an affiliate thereof.
    2. Forsythe Lubrication products used in any aircraft or aviation application.
    3. Forsythe Lubrication products that have been used without the written approval of Forsythe Lubrication in applications where the OEM-required fluid standards do not match those stated by Forsythe Lubrication.
    4. Forsythe Lubrication products that have been contaminated after leaving the Forsythe Lubrication premises due to improper handling, storage or through equipment deficiencies, including, without limitation, filtration, in which an Forsythe Lubrication products has been installed.
    5. Forsythe Lubrication products hat have been packaged, regardless of container, by anyone other than Forsythe Lubrication or an affiliate thereof.
    6. Failure of equipment when Forsythe Lubrication products are not used in strict accordance with either the written recommendations of Forsythe Lubrication or the OEM for warranty coverage
    7. Forsythe Lubrication products that have been used in conjunction with any other product or additive that has not been authorized for use by Forsythe Lubrication
    8. Failure of equipment due to a pre-existing condition that is unrelated to the use of Forsythe Lubrication products.
    9. Repair or replacement of equipment required because of normal wear and tear.

FORSYTHE LUBRICATIONSHALL NOT BE LIABLE FOR ANY OR ALL OF THE FOLLOWING REASONS:

  1. Failure to follow all OEM recommendations for warranty coverage.
    2. If Forsythe Lubrication is not notified within thirty (30) days from the date of failure.
    3. If the claim information provided to Forsythe Lubrication is, in Forsythe Lubrication’s sole and exclusive discretion, insufficient.
    4. If the equipment or parts inspected by Forsythe Lubrication do not, in Forsythe Lubrication’s sole and exclusive discretion, substantiate a claim or indicate failure.
    5. If the equipment or parts requested for inspection by Forsythe Lubrication are not sent to Forsythe Lubrication or are unavailable for inspection.
    6. If a four (4) liter representative fluid sample taken from the failed equipment and put into a clean container is not provided.
    7. If the customer fails to follow the written procedure herein or any other terms of this warranty.
    9. If the failure was the result of an OEM defect.

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

UNLESS A SEPARATE, SPECIFIC WARRANTY HAS BEEN WRITTEN, THE FOREGOING REPRESENTS THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY FORSYTHE LUBRICATIONTO THE CUSTOMER WITH RESPECT TO THE PRODUCTS AND IS IN LIEU OF AND EXCLUDES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

THE CUSTOMER HEREBY WAIVES ANY CLAIM THAT ANY EXCLUSIONS OR LIMITATIONS OF ANY WARRANTY PROVIDED BY FORSYTHE LUBRICATION DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE ITS AGREEMENT WITH FORSYTHE LUBRICATION TO FAIL OF ITS ESSENTIAL PURPOSE. THE CUSTOMER SHALL BE ENTITLED TO NO OTHER REMEDY REGARDLESS OF THE FORM OF CLAIM OR CAUSE OF ACTION, WHETHER BASED IN AGREEMENT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.

The conditions identified during the equipment or fluid sample inspection and reported to the customer by Forsythe Lubrication orally or in writing are representative of the conditions of the subject equipment and fluid sample as they appeared during the inspection. These conditions can and will change immediately following inspection due to the use or non-use of the subject equipment and fluid sample. The customer retains and/or assumes all risk for such changes in condition.

The decision concerning whether or not to repair or replace any defective equipment or fluid lies exclusively with the customer. By completing the inspection and preparing the inspection report Forsythe Lubrication expressly recommends that the customer authorize the repair and/or replacement of the equipment or fluid identified during the inspection or listed in the report derived therefrom as deficient in any manner or degree prior to use of the fluid. Forsythe Lubrication hereby notifies the customer that failure to do so may result in catastrophic equipment failure causing damage to property or injury or death to persons in, on or around the subject equipment.

FORSYTHE LUBRICATIONIS NOT LIABLE FOR CLAIMS, DEMANDS, DAMAGES OR LIABILITY ARISING FROM: (I) CAUSES OUTSIDE THE SCOPE OF THE INSPECTION AS IDENTIFIED HEREIN, (II) ANY CONDITION THAT OCCURS FOLLOWING THE EQUIPMENT’S USE AFTER AN INSPECTION BY FORSYTHE LUBRICATION, OR (III) FAILURE OF THE CUSTOMER TO REPAIR OR REPLACE ANY EQUIPMENT OR FLUID AS RECOMMENDED BY FORSYTHE LUBRICATION