BRIKERS LIMITED WARRANTY STATEMENT

LIMITED WARRANTY COVERAGE

As part of Brikers’ commitment to product quality and customer satisfaction, Brikers is pleased to provide its customers with this Limited Warranty subject to the terms and conditions outlined below:

SECTION 1: DEFINITIONS

1. In this Limited Warranty, defined terms are capitalized and bolded:

  1. "New" – A part or product that has never been used in operation and meets or exceeds OEM new specifications (including but not limited to “take-off” parts that have been installed on a machine but were never used in operation).
  2. "Used" – A part or product that has been used in operation but has been inspected by Brikers to be in good functional order.
  3. "Rebuilt" – A part or product that has been rebuilt from any combination of New and/or Used parts or products that has been tested by Brikers to meet or exceed OEM specifications.
  4. "As is/Where is" – A product that is sold in whatever condition it is at the time of delivery without any warranties of any kind.
  5. "As is/Where is" – A product that is sold in whatever condition it is at the time of delivery without any warranties of any kind.
  6. "Day" – Means a calendar day.
  7. "Month" – Means a calendar month.
  8. "Core" – The part or product that is the subject of the warranty claim which must be returned to Brikers in fully-assembled condition as part of the warranty claim process described below.
  9. "Valid Warranty Claim" – A warranty claim that strictly adheres to the warranty claim process outlined in Section 3 below and which is approved by Brikers as a valid warranty claim.
  10. "Claimant" – The Brikers’ customer that submits a claim under this Limited Warranty.

SECTION 2: LIMITED WARRANTY OVERVIEW

2. Subject to Sections 3, 4 and 5 below, Brikers will provide its customers with a Limited Warranty against defects in material and workmanship (the “Covered Defect(s)”), for the product(s) listed in the attached Quote or Purchase Invoice that have a warranty code not ending in “00” (the “Warranted Product(s)”), for the period(s) of time listed in Table 1 attached as Appendix “A” (the “Warranty Period(s)”).

3. Subject to Sections 3, 4 and 5 below, if a Covered Defect is discovered prior to the expiration of the Warranty Period(s) and is approved by Brikers as a Valid Warranty Claim, then Brikers, in its sole and exclusive discretion, will either:

  1. repair the Warranted Product using New or Used replacement parts;
  2. exchange the Warranted Product with one that is New, Rebuilt or that has been manufactured from New or serviceable Used parts and is at least functionally equivalent to the Warranted Product; or
  3. refund the purchase price of the Warranted Product

(collectively, the "Limited Warranty").

SECTION 3: LIMITED WARRANTY ELIGIBILITY, EXCLUSIONS, & LIMITATIONS

4. The Limited Warranty applies only to the Warranted Products. This Limited Warranty does not apply to any other products, whether or not packaged or sold with the Warranted Products.

5. The Limited Warranty is non-transferable and can be redeemed only by the original purchaser listed in the purchase invoice at the original location where Brikers shipped the Warranted Product.

6. The Limited Warranty does not cover any charges for installation, removal, shipping, or replacement of the Warranted Products including but not limited to labour and material charges.

7. The Limited Warranty does not apply to the following:

  1. Normal wear or deterioration (follow preventative maintenance schedules to minimize wear and tear on your machine);
  2. Improper installation or maintenance including but not limited to failure to follow any preventative maintenance schedule;
  3. Damage caused by accident, abuse, misuse, misapplication, or failure to follow usage directions;
  4. A Warranted Product that has been modified without the written permission of Brikers;
  5. If any Brikers serial number, date stamp or other marking has been removed or defaced; or
  6. Any item concerning the Warranted Product's appearance that is not due to a defect in material or workmanship.

8. This Limited Warranty will only apply to claims that strictly adhere to the claims procedure outlined in Section 4 (the “Valid Warranty Claim Procedure”). Brikers reserves the right to void any Limited Warranty claim that does not follow the Valid Warranty Claim Procedure.

9. Brikers reserves the sole and exclusive right to make a determination of Valid Warranty Claim. Once a Brikers’ determination is made, that determination will be final and binding on the Claimant and the Claimant shall have no right to appeal that determination.

10. Brikers reserves the right to void any Limited Warranty claim where the claimant fails to deliver the Core that is the subject of the claim back to Brikers facility located at 12865 Katonien St, Maple Ridge, BC V2W 0J2 (the “Brikers’ Facility”) within no later than 60 calendar days from the date the Claim Notice is received by Brikers.

11. Any product that is replaced or repaired by Brikers under this Limited Warranty shall be provided to the Claimant on an As-Is/Where-Is basis with no new or additional warranty whatsoever.

12. IN NO EVENT SHALL BRIKERS BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT PRODUCT LIABILITY OR OTHERWISE, FOR DAMAGES IN EXCESS OF THE PURCHASE PRICE OF THE WARRANTED PRODUCT OR PRODUCT WITH A WARRANTY CODE ENDING IN “00”, REGARDLESS OF WHETHER SUCH DAMAGES ARE DIRECTLY ATTRIBUTABLE TO THE WARRANTED PRODUCT OR PRODUCT WITH A WARRANTY CODE ENDING IN “00”, ARE DAMAGES THAT HAVE BEEN SUSTAINED BY PRODUCTS OR COMPONENTS THAT ARE UPSTREAM OR DOWNSTREAM FROM THE WARRANTED PRODUCT OR PRODUCT WITH A WARRANTY CODE ENDING IN “00”, OR ARE INDIRECT, SPECIAL, INCIDENTAL , PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF USE, LABOUR CHARGES, INTERRUPTION OF BUSINESS, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE WARRANTED PRODUCT OR PRODUCT WITH A WARRANTY CODE ENDING IN “00” OR BRIKERS’ PERFORMANCE OF ITS OBLIGATIONS HEREUNDER.

SECTION 4: LIMITED WARRANTY CLAIM PROCEDURE

13. Brikers reserves the right to deny any warranty claims that do not strictly adhere to the following claims procedure:

  1. To start a claim under the Limited Warranty, the customer must send an email containing a written description of the problem that is the subject of the warranty claim, supporting photographs detailing the nature of the problem, as well as copy of the purchase invoice relating to warranty@brikers.com (the “Claim Notice”). The Claim Notice must be received by Brikers prior to the expiration of the Warranty Period(s). The subject line of the Claim Notice must contain the purchase invoice number pertaining to the product or part that is the subject of the warranty claim.
  2. Once Brikers receives a Claim Notice, Brikers may either reject the Limited Warranty on the basis that the claim does not relate to a Covered Defect, falls outside the Warranty Period, or is not a Warranted Product, or, instruct the customer to ship the part or product back to Brikers for evaluation. The claimant must deliver the Core which is the subject of the Limited Warranty claim back to the Brikers Facility no later than 60 calendar days from the date Brikers receives the Claim Notice, or else Brikers may void the Limited Warranty.
  3. Once Brikers receives a Claim Notice, Brikers may, in its sole discretion, offer to send the claimant a replacement part or product while waiting to receive the damaged product or part from the customer. In either case, the customer shall be solely responsible for all costs of shipping the damaged part or product back to Brikers (the “Return Shipping Cost”), the full cost of the replacement part or product (the “Replacement Cost”), as well as the shipping cost of the replacement part or product to the customer (the “Replacement Shipping Cost”). Unless waived or modified by Brikers in writing, the Claimant must pay the Replacement Cost and the Return Shipping Cost to Brikers before Brikers will ship out the replacement part of product. In the event that the Limited Warranty is determined by Brikers to apply to the claim, subject to Section 3 above, Brikers will refund the Replacement Cost to the customer no later than 60 calendar days from the date the Limited Warranty is approved.

SECTION 5: GENERAL PROVISIONS

14. No amendment, modification, supplement or other purported alteration of this Limited Warranty shall be binding unless it is in writing and signed by Brikers.

15. This Limited Warranty supersedes all written or oral prior agreements or understandings with respect thereto.

16. Any waiver by Bikers of any of the provisions of this Limited Warranty, or any breach of any provision of this Limited Warranty, must be in writing in order to have effect, and shall not be construed as a continuing waiver of other breaches of the same or other provisions of this Limited Warranty.



APPENDIX "A"

TABLE 1

CODE WARRANTY DESCRIPTION
BRK00 No warranty applicable. Product is sold as-is/where-is.*
BRK30 30-day limited warranty. See full warranty for details.*
BRKE3 30-day limited warranty covering major engine failures only. Does not include oil leaks, starters, alternators and other minor component failures.*
BRK6M 6-month limited warranty. See full warranty for details.*
BRKE6 6-month limited warranty covering major engine failures only. Does not cover oil leaks, starters, alternators, and other minor component failures.*