Annex — Warranty Certificate(s)

B.1 Product Warranty

OFFERED WARRANTY: This warranty (the "Warranty") applies to all goods, materials, equipment, parts, and/or products ("Products") sold by Mudwizard. The specific Mudwizard entity bound by this Warranty will be the one that is a party to the relevant contract, purchase order, or service order with the customer ("Customer") under which these Products are sold. In this Warranty, the term "Mudwizard" refers to this specific entity.

COVERED DEFECTS—PRODUCTS MANUFACTURED BY THIRD PARTIES: For products sold by Mudwizard but manufactured by third parties ("Distributed Products"), Mudwizard will extend, if applicable, the manufacturer's warranty in effect at the time of purchase to the Client. Mudwizard will assist the Client in benefiting from this warranty when inspection reveals that the Distributed Products are defective, subject to the terms and conditions, including the warranty period, specified in the manufacturer's warranty. Mudwizard provides no warranty or assurance, express or implied, for these Distributed Products. For more details on applicable warranty conditions, please contact your Mudwizard representative.

COVERED DEFECTS—SYSTEMS AND PARTS MANUFACTURED BY MUDWIZARD: Subject to the provisions of Annex "B," Mudwizard guarantees that the systems, pumps, or parts it manufactures ("Mudwizard Products") are free from any manufacturing or material defects and conform to Mudwizard's specifications, as stated in the applicable contract, purchase order, or service order, subject to Mudwizard's usual tolerance margins. If Mudwizard determines, at its discretion, that a Mudwizard Product does not comply with this warranty during the applicable warranty period, and the terms of this Warranty have been met, Mudwizard will repair or replace the defective Product, or refund its purchase price. Mudwizard's obligations are strictly limited to the repair, replacement, or refund of the defective Product. This Warranty applies only to Mudwizard Products for which the Client has paid. If Mudwizard opts for repair, the Client will be responsible for transporting the Product to Mudwizard's facilities. Any repair outside normal hours will incur additional costs for the Client. This Warranty is subject to limits, the warranty period, exclusions, and other conditions.

Warranty Period: This Warranty covers defects present in Mudwizard Products at the time of delivery, provided they appear during the following warranty period: for systems, pumps, and parts manufactured by Mudwizard, the period is twelve (12) months from the date of delivery to the Client. This warranty period can only be modified if stipulated in the contract between Mudwizard and the Client and will not be extended due to subsequent repairs.

Exclusion applicable to components of Mudwizard Products manufactured by third parties: This Warranty does not cover any part or component of Mudwizard Products manufactured by third parties. Only the manufacturer's warranty applies. In no case can Mudwizard's warranty modify, replace, or supplement that of the manufacturer of parts or components manufactured by third parties. The general conditions, including the manufacturer's warranty period, prevail over those of Mudwizard's Warranty.

Other exclusions: Mudwizard is not responsible for damages, costs, or expenses incurred by the Client or a third party resulting from the following situations, which are not covered by this Warranty:

  • Work not performed by Mudwizard or resulting defects.
  • Events or circumstances beyond Mudwizard's control, such as disasters, force majeure, accidents, abuse, negligence, chemical, electrochemical, or electrical influences, overloading of Mudwizard Products, or abnormal environmental conditions.
  • Incorrect, inappropriate, or inadequate installation, use, inspection, handling, assembly, storage, maintenance, removal, or transport, contrary to Mudwizard's or the manufacturer's recommendations for parts or components.
  • The Client's failure to comply with Mudwizard's or the manufacturer's recommendations for parts or components, including failure to follow recommended maintenance intervals and procedures.
  • Specifications, directives, or designs provided by the Client.
  • Acts or omissions of the Client.
  • Normal wear and tear or parts subject to premature wear due to their characteristics.

Additionally, except for the specific obligations of repair, replacement, or refund provided by this Warranty, Mudwizard will not be responsible for damages, losses, costs, or expenses suffered by the Client or a third party, including but not limited to direct, indirect, consequential, or incidental damages, loss of income, loss of production, loss of value or use of property, loss of economic opportunities, or any injury or loss of life caused by the use of a Mudwizard Product.

Reasons for warranty cancellation: The Warranty will be automatically canceled if the Client fails to meet any of the following obligations:

  • Comply with all the requirements of this Warranty, the applicable contract, purchase order, or service order.
  • Install, assemble, handle, store, use, operate, inspect, maintain, remove, and transport the Mudwizard Product in accordance with Mudwizard's recommendations, industry practices, and applicable laws.
  • Take precautions to avoid further damage after an incident or event leading to a warranty claim.
  • The Warranty will be canceled if the Client conceals or misrepresents a material fact regarding the Warranty or the Mudwizard Product, or commits fraud or misrepresentation.
  • Transfer ownership of the Mudwizard Product to a third party or lend, lease, or otherwise transfer possession to a third party, or in case of bankruptcy or seizure of the Product.
  • Have the Mudwizard Product repaired or modified by a person not authorized by Mudwizard or use parts not supplied by Mudwizard in these operations.

WARRANTY CLAIM NOTICE: Any claim under this Warranty must be submitted in writing during the warranty period to the Mudwizard branch where the Product was purchased. To be valid, the claim must be received within ten (10) days of the Client discovering the defect.

OTHER LIMITS: Mudwizard's total liability under this Warranty is limited to the purchase price of the defective Mudwizard Product. This Warranty constitutes the only applicable warranty for the Products, and Mudwizard expressly disclaims, to the fullest extent permitted by law, any other representation, warranty, condition, or obligation, express or implied, including those regarding merchantability, fitness for a particular purpose, or otherwise.

EXCLUSIVE REMEDY: The remedies mentioned in this Warranty are the Client's sole remedies, and Mudwizard's only obligations in case of defective Products.

LIMITATION TO SUE: No action or lawsuit based on this Warranty can be maintained unless the Client has met all the requirements and filed the action within three (3) months following the initial claim.

APPLICABLE LAW: This Warranty is governed by the laws of the province of Quebec (Canada).

B.2 Service Warranty

OFFERED WARRANTY: This warranty (the "Warranty") applies to all labor services ("Services") provided by Mudwizard. The specific Mudwizard entity bound by this Warranty for a particular service will be the one that contracted with the client (the "Client") for that service. The term "Mudwizard" refers to this specific entity within the scope of this Warranty.

COVERED DEFECTS—SERVICES: Subject to the conditions of this Warranty, Mudwizard guarantees that the Services will be performed in accordance with the standards of skill and care expected in the industry, based on similar projects in terms of type, scope, and complexity. If Mudwizard determines, at its sole discretion, that a Service does not comply with this warranty within the applicable period, Mudwizard may, at its discretion, repair or re-perform the Service, or refund its cost. This Warranty applies only to work performed on equipment or components ("Equipment") for which Mudwizard was the sole entity to provide service, and which have been paid for by the Client. Re-performances are carried out during Mudwizard's normal hours, with additional charges if they occur outside these hours. The Warranty is subject to the specified limitations, periods, exclusions, and other conditions.

Warranty Period: The Warranty covers defects present during the performance of the Services that appear within twelve (12) months from the date Mudwizard considers the Services completed and shipped. This period will not be extended in case of re-performance or corrective work.

Exclusions: Mudwizard is not responsible for damages, costs, or expenses caused, in whole or in part, by:

  • Work not performed by Mudwizard or resulting defects.
  • Events beyond Mudwizard's control, including disasters, accidents, abuse, negligence, chemical, electrochemical, or electrical influences, overloading of the Equipment, abnormal physical or environmental conditions.
  • Incorrect, inappropriate, or inadequate installation, use, inspection, handling, assembly, storage, maintenance, removal, or transport of the Equipment, not in accordance with Mudwizard's, the manufacturer's, or industry practices.
  • The Client's failure to comply with Mudwizard's or the manufacturer's recommendations regarding the Equipment.
  • Specifications, directives, or designs provided by the Client.
  • Normal wear and tear or parts subject to premature wear due to their materials or use.
  • Materials or substances processed by the Equipment, including debris, moisture, dust, grease, or other contamination.

Beyond the obligation to re-perform or refund, Mudwizard will not be responsible for damages or losses suffered by the Client or a third party, including direct, indirect, consequential, or incidental damages, loss of income, production, value, use, economic opportunities, injury, or loss of life.

Reasons for Warranty Cancellation: The Warranty is canceled if the Client:

  • Ne Does not comply with the requirements of this Warranty or the contract related to the Services.
  • Does not treat the Equipment in accordance with Mudwizard's, the manufacturer's, or industry practices.
  • Does not take precautions to avoid further damage to the Equipment in case of an incident.
  • Conceals or misrepresents a material fact or circumstance.
  • Transfers the Equipment to a third party without authorization or becomes insolvent.
  • Modifies or repairs the Equipment without Mudwizard's authorization, or uses parts not supplied by Mudwizard.

WARRANTY CLAIM NOTICE: Claims under this Warranty must be made in writing and received by Mudwizard within ten (10) days of discovering the defect.

OTHER LIMITS: Mudwizard's liability is limited to the amount received for the defective Service. This Warranty is exclusive and replaces any other warranty or commitment, express or implied, including those of merchantability or fitness for a particular purpose. The remedies indicated are the only ones available to the Client.

APPLICABLE LAW: This Warranty is governed by the laws of the province of Quebec (Canada).