Island D. Automotive Machine Conditions of Sale and Warranty
1. Island D Automotive Machine Ltd. (“Island D) warrants, to the original purchaser (the “Customer”) only, that engine rebuilding work performed by Island D's personnel (“Workmanship”) is free from defects, providing that Island D's work product is engaged only in normal use and service and is maintained in accordance with OEM instructions and manuals.
2. In respect of private-use passenger cars and light trucks, Island D warrants its Workmanship for the first-occuring of one year or 20,000 km, and in respect of commercial vehicles, the first-occurring of six months or 20,000 km. The warranty period runs from date of invoice; on expiration of the specified period, Island D's liability under this warranty terminates absolutely. Warranty applies to the original period only and does not cover loss or damage to, or caused by, Workmanship provided without charge or to address a previous warranty claim.
3. New parts installed by Island D are, for the period specified by Island D’s parts supplier (the “Supplier”), covered exclusively by the Supplier's warranty. Copies of the Suppliers’ warranty statements are available from Island D on request. In case of a claim, Island D will assign the Supplier's warranty to the Customer and will use all reasonable efforts to ensure that the Supplier complies with its warranty obligations. Customer's Parts-in-service-installed by Isand D will be first inspected and qualified by Island D in accordance with reasonable and usual industry practice. Island D will not be responsible for subsequent insufficient performance or failure of such reinstalled parts.
4. It is a precondition for warranty coverage that Island D's invoice be paid in full. Post-Island D installation and adjustment of all engine peripherals and of the engine assembly must be done by government-certified mechanics. Island D will not cover damage caused or contributed to by fault in these installations. The Customer must report any problem to Island D immediately on becoming aware of it and must, at the Customer’s expense, return the product to Island D within 30 days of the appearance of the problem. The product must be returned complete and in as-failed condition: it must not have been dismantled, partially dismantled, or altered from its as-failed condition. Heat tabs have not been removed. Complete maintenance records and ECM download must be included with return. Warranty repair or replacement, at Island D's discretion, will be provided, at Island D's facility, on the basis of Island D’s determination of eligibility for coverage. No cash refunds will be provided. Except with Island D's written prior approval. Island D will not pay for repairs made by others. Island D will not be responsible for its work product where that has been in any way modified by others. Island D's liability under this warranty is limited to the cost of materials and labour to repair a defect in Workmanship up to, at a maximum, the amount of Island D's original invoice.
5. This warranty does not cover: downtime, renting machinery replacement or other consequential costs; towing charges: overtime labour; dyno test costs; fluids, filers, hoses or other service items; loss occurring to a product as to which there has been made any modification of the engine or of its OEM performance characteristics, of Island D's work or of such installation characteristics as could affect engine performance; loss resulting from installation error; abuse, accident or failure to maintain; progressive damage resulting from continued operation after occurrence of an event covered by warranty; product used in any race or speed trial; personal injury or death to any person; repairs made to Customer's specifications rather than according to OEM' specification and tolerances; travel time and all travel-related charges. It is a precondition for warranty coverage for marine propulsion machinery that Island D be present for start-up and for all operation of its work product through to successful sea trial and release by Island D. Warranty period for fresh-water-cooled marine propulsion engines is the first-occurring of 6 months or 100 hours from date of invoice. There is no warranty whatever for raw-water cooled engines.
6. Work performed by a contractor to Island D (the "Contractor”) is, for only the period specified by the Contractor, covered by only the Contractor’s warranty. In case of claim, Island D will assign the Contractor’s warranty to the Customer, and will use all reasonable efforts to ensure that the Contractor complies with is warranty obligations.
7. This document states Island D's entire warranty; it describes the entire obligation and liability of Island D, to the exclusion of all other warranties and conditions of sale, whether express, statutory or implied, arising from law, equity, or any other source, including, without limitation, any condition or warranty of merchantability or fitness for a particular purpose.
8. This transaction and this warranty are subject to and shall be construed by and in accordance with the laws of British Columbia. British Columbia law courts, including BCCRT, shall provide the sole forum for resolution of any dispute which may arise in connection with this transaction or this warranty.
9. We will make reasonable effort to contact you when Island D's services have been completed and your property is ready for pick up. You acknowledge and agree that if, despite our efforts to contact you, you fail to pick up your ‘property or otherwise arrange for its return for more than sixty (60) days, or other longer period as required by law, following the completion of Island D services, your property will be deemed abandoned and will become Island D's property, subject to all applicable provisions of law. In such an event, Island D may dispose of or otherwise utilize the abandoned property in Island D's sole discretion in accordance with applicable provisions of law, including sale of the abandoned property, proceeds of which may be used to recoup administrative and repair costs.