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

4. IN NO CASE SHALL FLA PERFORMANCE 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 FLA PERFORMANCE 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.

5. In the event of a claim against FLA PERFORMANCE, 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 FLA Performance, unless given to the OEM.
c. The customer shall, within thirty (30) days of the failure of the equipment, notify FLA Performance and provide the following:
(i.) An eight (8) ounce 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 kilometres and/or hours, and duty cycle or service environment;
(iii.) Equipment or vehicle maintenance history documentation, including kilometres or hours at the time of FLA Performance fluid installation, general equipment repairs, and oil analysis results, if available;
(iv.) Proof of purchase for FLA Performance fluid; and
(e.) Batch number from fluid 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:
FLA Performance Fluids Inc.
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 FLA Performance Fluid, the customer shall immediately notify FLA Performance and provide a written copy of the OEM warranty denial.
f. FLA Performance may, at its option, notify its insurance carrier of the claim.
g. FLA Performance 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 FLA Performance or its insurance carrier pays a claim, an attempt may be made by FLA Performance 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 FLA Performance or its insurer upon request, and to cooperate with FLA Performance or its insurer in the recovery process.

THE WARRANTY SHALL NOT BE EXTENDED TO COVER THE FOLLOWING:

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

FLA PERFORMANCE SHALL NOT BE LIABLE FOR ANY OR ALL OF THE FOLLOWING REASONS:

1. Failure to follow all OEM recommendations for warranty coverage.
2. If FLA Performance is not notified within thirty (30) days from the date of failure.
3. If the claim information provided to FLA Performance is, in FLA Performance’s sole and exclusive discretion, insufficient.
4. If the equipment or parts inspected by FLA Performance do not, in FLA Performance’s sole and exclusive discretion, substantiate a claim or indicate failure.
5. If the equipment or parts requested for inspection by FLA Performance are not sent to FLA Performance or are unavailable for inspection.
6. If an eight (8) ounce 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 FLA PERFORMANCE TO THE CUSTOMER WITH RESPECT TO THE FLUIDS 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 FLA PERFORMANCE DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE ITS AGREEMENT WITH FLA PERFORMANCE 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 FLA Performance 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 FLA Performance 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. FLA Performance 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.

FLA PERFORMANCE IS 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 FLA PERFORMANCE, OR (III) FAILURE OF THE CUSTOMER TO REPAIR OR REPLACE ANY EQUIPMENT OR FLUID AS RECOMMENDED BY FLA PERFORMANCE