WARRANTY TERMS

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The warranty terms set out herein shall govern the sale of goods by Fort Garry Industries Ltd. (the “Seller”), or the performance of services by the Seller, to/for the buyer of such goods and/or services (the “Buyer”).

All capitalized undefined terms contained herein have the meanings given to them in the applicable sales terms.

1. AUTOMOTIVE PARTS, OTHER AFTERMARKET PARTS AND OTHER GOODS WARRANTIES:

The following warranty provisions shall apply to any supply of Goods made pursuant to the Parts Sales Terms:

1.1 Goods Not Manufactured by Seller: All new Goods sold by the Seller that are not manufactured by the Seller may be subject to warranties provided by the original manufacturer of such Goods, and no warranty, guarantee or any other manner of representation as to quality, fitness for use or operability is made by the Seller in respect of any such Goods. The Seller shall have no liability or obligation whatsoever to honour or fulfill any warranty obligations relating to any Goods not manufactured by the Seller, and the Buyer’s sole recourse with respect to the exercise of any such warranty shall be with the original manufacturer of such Goods.

1.2 Goods Manufactured by Seller: Subject to any specific warranties for other classes of Goods manufactured by the Seller specified herein, the Seller hereby warrants all new Goods that are materials manufactured by the Seller for a period of the lesser of: (i) ninety (90) days from the date the Buyer takes possession of the Goods; and (ii) in respect of Goods installed on trailers or motor vehicles, five thousand (5,000) kilometers’ operation of such trailer or motor vehicle. The foregoing warranty will not apply: (i) to any used Goods of any kind; (ii) in respect of any normal wear and tear; (iii) in the event that the Seller determines that the Buyer has failed to perform all required or recommended maintenance in accordance with maintenance guidelines; (iv) to any misuse, abuse, damage by accident, improper application or improper installation, removal or reinstallation of Goods; or (v) where serial numbers have been removed or defaced. The Seller’s liability under the foregoing warranty shall be limited to performance by the Seller of repair or replacement, in the Seller’s sole discretion, at service locations expressly designated by the Seller. The foregoing warranty shall be further subject to the limitations on liability of the Seller set forth in Section 14 of the Parts Sales Terms. Services performed by the Seller in connection with the foregoing warranty shall be warranted by the Seller in the manner described herein. Except as expressly set out herein or the Parts Sales Terms, the Seller does not make any warranty or representation whatsoever with respect to any Goods, including, without limitation, as to the durability, quality, condition or suitability of any Goods. Other than in respect of the purchase of Goods that are “implements” within the meaning of The Agricultural Implements Act (Saskatchewan), the Seller is not bound by any representation, agreement, term, condition or warranty made by any employee or agent of the Seller relating to this transaction including, without limitation, in respect of the Goods, this Agreement, the Seller, or any matter whatsoever other than as specifically set out in these Terms, and the Buyer hereby specifically represents, warrants and confirms that the Buyer has not relied upon any agreements, representations terms, conditions or warranties other than those herein contained. For certainty, there are no warranties made as to the condition of any Goods by the Seller and every implied condition, warranty, undertaking and guarantee under any applicable legislation or regulation, other than, where applicable, those under the CP Acts or the FE Acts, is specifically excluded to the full extent permitted under applicable law, and the Buyer expressly agrees that there is no implied warranty of merchantability, no implied warranty of fitness for any particular purpose and no implied warranty which extends beyond the description of any Goods on the face hereof or the Parts Terms.

1.3 Super Stop Brakes: The Seller hereby warrants all Seller-remanufactured “Super Stop” brake shoe assemblies (“Super Stop Brakes”) that are Goods against: (i) defective workmanship, for the useful life of the friction material incorporated on the Super Stop Brakes; and (ii) corrosion damage or rust jacking of the brake shoe table or web, for a period of three (3) years following the date of purchase of the Super Stop Brakes. The warranty of the Seller relating to Super Stop Brakes shall be limited to the brake shoe assembly components of the Super Stop Brakes, and the liability of the Seller in connection with such warranty shall be limited to the repair or replacement (at the sole discretion of the Seller) of the defective components only, and only upon satisfactory inspection by the Seller of the failed parts, vehicles and maintenance records, and, without limitation, in no event shall the Seller be liable for any damage occasioned by such warranted components, including without limitation any special, incidental, consequential or punitive damages of any kind. The warranty on Super Stop Brakes shall be further subject to the limitations on liability of the Seller set forth in Section 16 of the Parts Sales Terms. The warranty on Super Stop Brakes will not apply in the event that the Seller determines that failure has been occasioned by lack of required maintenance in accordance with maintenance guidelines, misuse, abuse, damage by accident, improper application or improper installation, or where serial numbers have been removed or defaced. The warranty on Super Stop Brakes described herein shall be non-transferable and shall terminate automatically upon the transfer of the vehicle on which the Super Stop Brakes are installed from the Buyer to any third party or the removal or modification of the Super Stop Brakes by any person other than the Seller or an authorized contractor of the Seller.

2. SERVICE WARRANTIES:

The following warranty provisions shall apply to any supply of Services made pursuant to the Service Terms:

2.1 Service: The Seller hereby warrants all workmanship in performance of Services for a period of the lesser of: (i) ninety (90) days from the date of completion of the Services; and (ii) in respect of Services performed to a trailer or motor vehicle, five thousand (5,000) kilometers’ operation of such trailer or motor vehicle. The foregoing warranty will not apply: (i) in respect of any normal wear and tear; (ii) in the event that the Seller determines that the Buyer has failed to perform all required or recommended maintenance in accordance with maintenance guidelines; (iii) to any misuse, abuse, damage by accident, improper application or improper installation, removal or reinstallation of Goods utilized in performance of the Services; or (iv) where serial numbers have been removed or defaced. The Seller’s liability under the foregoing warranty shall be limited to performance by the Seller of repair at service locations expressly designated by the Seller. The foregoing warranty shall be further subject to the limitations on liability of the Seller set forth in Section 15 of the Service Terms. Services performed by the Seller in connection with the foregoing warranty shall be warranted by the Seller in the manner described herein. Except as expressly set out herein and in the Sales Terms, the Seller does not make any warranty or representation whatsoever with respect to any Services. Other than in respect of the purchase of Goods that are “implements” within the meaning of The Agricultural Implements Act (Saskatchewan), the Seller is not bound by any representation, agreement, term, condition or warranty made by any employee or agent of the Seller relating to this transaction including, without limitation, in respect of the Services, this Agreement, the Seller, or any matter whatsoever other than as specifically set out in herein and the Service Terms, and the Buyer hereby specifically represents, warrants and confirms that the Buyer has not relied upon any agreements, representations terms, conditions or warranties other than those herein contained.

2.2 Parts: All Goods manufactured by the Seller utilized in the performance of Services shall be subject to warranty (if applicable) on the warranty terms set forth in the Parts Sales Terms, and to the extent transferrable by the Seller to the Buyer, the Buyer shall be entitled to the benefit of any warranties given by the manufacturer of Goods or parts utilized in the performance of Services. Other than in respect of any warranties provided on Goods manufactured by the Seller, the Seller shall not be liable or in any way responsible for the performance or administration of any such manufacturer’s warranties, provided that the Seller may, but shall not be required to, enforce such warranties on behalf of the Buyer, in which event the Seller’s warranty shall be limited to the extent that any such warranties may be enforced against the applicable manufacturer(s). For certainty, there are no warranties made as to the condition of any Goods by the Seller and every implied condition, warranty, undertaking and guarantee under any applicable legislation or regulation, other than, where applicable, those under the CP Acts or the FE Acts, is specifically excluded to the full extent permitted under applicable law, and the Buyer expressly agrees that there is no implied warranty of merchantability, no implied warranty of fitness for any particular purpose and no implied warranty which extends beyond the description of any Goods on the face of these Terms.

3. TRAILER WARRANTIES:

The following warranty provisions shall apply to any supply of Trailers made pursuant to the Trailer Sales Terms:

All new Trailers sold by the Seller may be subject to warranties provided by the original manufacturer of such Trailers, and no warranty, guarantee or any other manner of representation as to quality, fitness for use or operability is made by the Seller in respect of any such Trailers. The Seller shall have no liability or obligation whatsoever to honour or fulfill any warranty obligations relating to any Trailers, and the Buyer’s sole recourse with respect to the exercise of any such warranty shall be with the original manufacturer of such Trailers.  Any used Trailers are sold without manufacturer’s or other warranty of any kind, except to the extent any balance of manufacturer’s warranty remains on such used Trailer and is capable of transfer to the Buyer by its terms.

4. EQUIPMENT WARRANTIES:

The following warranty provisions shall apply to any supply of Equipment and associated Services made pursuant to the Equipment Sales Terms:

4.1 Equipment: All new Equipment sold by the Seller may be subject to warranties provided by the original manufacturer of such Equipment, and no warranty, guarantee or any other manner of representation as to quality, fitness for use or operability is made by the Seller in respect of any such Equipment. The Seller shall have no liability or obligation whatsoever to honour or fulfill any warranty obligations relating to any Equipment, and the Buyer’s sole recourse with respect to the exercise of any such warranty shall be with the original manufacturer of such Equipment. Any used Equipment is sold without manufacturer’s or other warranty of any kind, except to the extent any balance of manufacturer’s warranty remains on such used Equipment and is capable of transfer to the Buyer by its terms.

4.2 Installation Service: Installation Services provided in connection with the supply of Equipment shall be subject of the warranties applicable in the performance of Services pursuant to the Service Terms.