ONE‐YEAR LIMITED WARRANTY
WARRANTOR: The warrantor for the limited warranties set forth herein is Fortran Traffic Systems Limited, Toronto, Ontario, Canada (“FTSL”).
LIMITED WARRANTY: This limited warranty (“Warranty”) applies only to the End-user (the “End-user”) of any FTSL manufactured products (“Product”). This Warranty applies even in the event that the Product is initially sold by FTSL for resale to an End-user.
LIMITED WARRANTY PERIOD: Unless explicitly stated, the period covered by this Warranty for the Product installed in Canada and the United States, is twelve (12) months from the date of purchase.
WHAT THIS LIMITED WARRANTY COVERS: The warrantor warrants that the Product (“Warranted Items”) are free of defects in material and workmanship. If, in the opinion of FTSL, a Warranted Item is defective and the defect is within the terms of this Warranty, FTSL’s sole obligation will be to repair or replace such defective Warranted Item at the option of FTSL.
PROCEDURES FOR REPAIR OR REPLACEMENT OF WARRANTED ITEMS: The Warranted Item will be repaired or replaced at FTSL’s site or such other location as determined by FTSL. The Warranted Item is to be returned (prepaid by End-user) to FTSL. FTSL will use commercially reasonable business efforts to ship (via standard ground shipment and at no cost to the End-user) the replacement Warranted Item to the End-user within a reasonable time frame. In such case, the End-user must return the defective Warranted Item to FTSL in the same packaging or as otherwise instructed by FTSL. If FTSL does not receive the defective Warranted Item, and a replacement has been shipped, FTSL will send the End-user an invoice (which the End-user agrees to pay), for the value of the replacement product.
FTSL will provide shipping instructions and will pay its designated carrier for shipping charges for the repaired for Warranted Items.
WHAT THIS LIMITED WARRANTY DOES NOT COVER: This Warranty does not cover any defects or damages caused by: (a) failure to properly store the Product before installation; (b) shipping and delivery of the Product if shipping is FOB Factory; (c) neglect, accident, abuse, misuse, misapplication, or incorrect installation; (d) repair or alteration not authorized in writing by FTSL personnel; (e) improper testing, operation, maintenance, adjustment, or modification of any kind not authorized in writing by FTSL personnel; or (f) use of the Product under other than normal operating conditions or in a manner inconsistent with the Product’s labels or instructions.
Any Warranted Items repaired or replaced pursuant to this Warranty will be warranted for the remaining portion of the original Warranty subject to all the terms thereof.
FTSL shall not be responsible for any charges for testing, checking, removal or installation of Warranted Items.
FTSL DOES NOT WARRANT EQUIPMENT NOT MANUFACTURED BY FTSL. IF PERMITTED BY THE APPLICABLE MANUFACTURER, FTSL SHALL PASS THROUGH SUCH MANUFACTURER’S WARRANTIES TO END-USER.
END-USER’S OBLIGATIONS: In order to receive the benefits of this Warranty, the End-user must use the Product in a normal way; and protect against further damage to the Product if there is a discovered defect.
OTHER LIMITATIONS: FTSL’s obligations under this Warranty are expressly conditioned upon receipt by FTSL of all payments due to it (including interest charges, if any). During such time as FTSL has not received payment of any amount due to it for the Product, in accordance with the contract terms under which the Product is sold, FTSL shall have no obligation under this Warranty. Also during such time, the period of this Warranty shall continue to run and the expiration of this Warranty shall not be extended upon payment of any overdue or unpaid amounts.
COSTS NOT RELATED TO WARRANTY: The End-user shall be invoiced for, and shall pay for, all services not expressly provided for by the terms of this Warranty, including without limitation, site calls involving an inspection that determines no corrective maintenance is required. Any costs for replacement equipment, installation, materials, freight charges, travel expenses or labor of FTSL representatives outside the terms of this Warranty will be borne by the End-user.
OBTAINING WARRANTY SERVICE: Contact your local product sales representative, or call the Customer Service at 1-800-387-4555 or 416-288-1320. For comments or questions about this Warranty, write to the Operations Manager, 470 Midwest Road, Toronto, Ontario, M1P 4Y5.