ITW Fastener, Anchors, Nails, and Pins Warranty
Proper fastener connection design takes into account where and how fasteners are used. Allowance for special characteristics in materials, differences in materials, differences in types of materials being joined, unique or unusual environmental service or installation conditions, and the safety factors required by anticipating normal or short term loading conditions must be considered. Due to possible differences in specifications, applications, and interpretation of results, purchasers and specifiers must make their own evaluation of the products to determine the suitability of these products for intended use. Except where prohibited by applicable law (which may include the Province of Quebec), all warranties and conditions of ITW Canada Inc.’s (“ITW Canada”) Buildex branded products, Tapcon branded products, Ramset branded nails, pins, and fasteners, Red Head branded anchors and fasteners, and SAMMYS branded products (collectively, “Products”), expressed or implied, including the warranties of merchantability and fitness for particular purposes are specifically excluded except for the following: ITW Canada will, at its option and as its sole liability and obligation hereunder, repair or replace any Product which, within one year after sale by ITW Canada or one of its authorized sellers, is found by ITW Canada to be defective in material or workmanship – normal wear and tear is not covered by this warranty. To obtain service under this warranty, upon ITW Canada’s request, return defective Products or provide photos of the Product and the project in which failure occurred (if applicable) and provide proof of purchase from the seller at which the Products were bought.
Except where prohibited by applicable law (which may include the Province of Quebec), this warranty applies only to the original purchaser of the Products and is not transferrable.
Because ITW Canada cannot control the quality of Products sold by unauthorized sellers, this warranty applies only to Products that were purchased from ITW Canada or an authorized seller of Products in Canada, unless otherwise prohibited by law. ITW Canada reserves the right to reject warranty claims from purchasers for Products purchased from unauthorized sellers, including unauthorized Internet sites.
This is the sole warranty of ITW Canada for the Products and the sole remedy available. ITW CANADA SHALL IN NO EVENT BE LIABLE FOR ANY DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY ARISE FROM LOSS OF ANTICIPATED PROFITS OR PRODUCTION, SPOILAGE OF MATERIALS, INCREASED COST OF OPERATION, OR OTHERWISE. ITW CANADA DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, RELATING TO MERCHANTABILITY, FITNESS, OR OTHERWISE, EXCEPT AS STATED ABOVE, and ITW Canada’s liability AS STATED ABOVE AND AS ASSUMED ABOVE is in lieu of all other warranties and conditions arising out of, or in connection with, the use and performance of the Product, except to the extent otherwise provided by applicable law (which may include the Province of Quebec). To the extent that applicable law (which may include the Province of Quebec) prohibits the exclusion of implied warranties or conditions, the duration of any applicable implied warranty or condition is limited to the period specified for the express warranty above.
Some jurisdictions (which may include the Province of Quebec) do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Where any term of this warranty is prohibited by such laws, it shall be null and void, but the remainder of the warranty shall remain in effect. This warranty gives you specific legal rights, and you may also have other rights, which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under this warranty will not apply to the extent prohibited by applicable law (which may include the Province of Quebec).
ITW Construction Products Canada
A division of Illinois Tool Works Inc.
120 Travail Road, Markham, ON L3S 3J1