ExFlo Pumps Inc.
General Terms and Conditions
Effective date: August 31, 2026 · Last updated: August 31, 2026 · Version 1.0
These General Terms and Conditions are made up of three parts:
Part
Covers
Applies to
Part A — Website Terms of Use
Use of exflopumps.com, its content, calculators, and selection tools
Anyone using the website
Part B — Text Messaging Terms of Use
Text messages to and from ExFlo
Anyone who gives us a mobile number or texts us
Part C — General Terms and Conditions of Sale
Quotations, orders, delivery, payment, warranty, and liability
Every customer who buys goods or services from ExFlo
Order of precedence. Where a written quotation or order acknowledgement issued by ExFlo conflicts with these General Terms and Conditions, the quotation or order acknowledgement governs. Where the parts of this document conflict with each other, Part C governs any matter relating to the sale of goods or services, and Part A or Part B governs its own subject matter in all other respects.
Who we are. ExFlo Pumps Inc. (“ExFlo,” “we,” “us,” or “our”), 60 Patterson Drive, Stonewall, Manitoba R0C 2Z0, Canada. Phone 1-833-EXFLO-01. Email info@exflopumps.com.
How we handle personal information is set out in our Privacy Policy: https://www.exflopumps.com/privacy-policy, which forms part of these Terms by reference.
PART A — WEBSITE TERMS OF USE
By accessing or using exflopumps.com (the “Site”), you agree to Part A. If you do not agree, do not use the Site.
A1. Who we are
ExFlo Pumps Inc. 60 Patterson Drive, Stonewall, Manitoba R0C 2Z0, Canada. Phone: 1-833-EXFLO-01. Email: info@exflopumps.com
A2. Changes to these Terms and to the Site
We may update these Terms at any time. The current version is always posted on this page with the effective date at the top. Your continued use of the Site after a change is posted means you accept the updated Terms.
We may also change, suspend, or discontinue any part of the Site — including any tool, calculator, product listing, or document — at any time and without notice. We are not obligated to keep any content available.
A3. Permitted use
The Site is intended for business use by people evaluating, purchasing, specifying, or maintaining industrial pumping equipment.
You may view the Site, and download or print specification sheets, technical documents, and other materials we make available, for your own internal business purposes.
You may not:
Use the Site for any unlawful purpose, or in any way that damages, disables, or impairs it
Copy, republish, resell, or commercially exploit Site content without our written permission
Use automated systems — scrapers, crawlers, bots, or data harvesting tools — to extract content, pricing, product data, or contact information from the Site, except for search engines indexing the Site in the ordinary way
Attempt to gain unauthorized access to the Site, its servers, or any connected system
Reverse-engineer, replicate, or build a competing product or service from our tools, calculators, selectors, or product data
Submit false, misleading, or fraudulent information through any form on the Site
Introduce malware, or interfere with any other party’s use of the Site
We may restrict or terminate your access to the Site at any time if we reasonably believe you have breached these Terms.
A4. Intellectual property
The Site and its content — including text, layout, design, graphics, photographs, technical documents, calculators, selection tools, and the ExFlo name, logo, and branding — are owned by ExFlo or its licensors and are protected by Canadian and international intellectual property law.
Manufacturer names, brand names, product names, and logos appearing on the Site, including those of the manufacturers whose products we distribute, are the property of their respective owners and are used to identify the products we supply. Nothing on the Site grants you any right to use those marks.
Except for the limited internal-business use described in Section A3, no licence or right to any ExFlo or third-party intellectual property is granted by your use of the Site.
A5. Product information, specifications, and availability
We take reasonable care with the product information on the Site, but:
Specifications, performance data, curves, dimensions, and materials are supplied by manufacturers and are subject to change without notice.
Photographs and illustrations are indicative only. Actual products may differ in appearance, configuration, or accessories.
Product listings do not guarantee that an item is in stock, currently distributed by us, or available in your region or for your application.
Where information on the Site conflicts with the manufacturer’s current documentation or with a written quotation from us, the manufacturer’s documentation or our written quotation governs.
Confirm all specifications with us in writing before you rely on them for a purchase, an installation, or a design decision.
A6. Technical content, calculators, and selection tools
The Site may provide technical articles, guidance, cost calculators, pump selection tools, and similar resources.
These are general information and preliminary guidance only. They are not engineering advice, and they are not a substitute for a site-specific assessment by a qualified professional.
Pump selection and system performance depend on conditions we cannot evaluate through a web form — including fluid properties, solids content, suction conditions, pipe layout and losses, elevation, duty cycle, power supply, and site-specific hazards. Any output, recommendation, sizing, cost figure, or saving estimate produced by a tool on the Site:
Is based solely on the inputs provided and on assumptions built into the tool
May not reflect your actual operating conditions
Must be verified with ExFlo or a qualified engineer before you purchase, specify, install, or operate any equipment
You are responsible for the safe selection, installation, operation, and maintenance of any equipment, and for compliance with applicable codes, regulations, and manufacturer instructions. To the fullest extent permitted by law, we accept no liability for any decision made in reliance on a tool or technical resource on the Site.
A7. Quotations, pricing, and orders
Nothing on the Site is an offer to sell. Product listings, descriptions, and any pricing shown are an invitation to enquire.
A binding contract of sale is formed only when we accept your order in writing. All sales are subject to ExFlo’s terms and conditions of sale in effect at the time, and to the terms of the applicable written quotation, which govern over anything stated on the Site.
We may correct errors in pricing, availability, or product description at any time, including after an order has been submitted but before it is accepted.
A8. Guarantees and service commitments
Statements on the Site describing our guarantees, service commitments, or response and delivery timeframes are subject to the specific terms, conditions, exclusions, and eligibility requirements published for each of those programs, and to the terms of your quotation or order.
Marketing and positioning statements on the Site are not, on their own, a warranty, guarantee, or contractual commitment. The applicable program terms and your written agreement with us govern what we owe you.
A9. Information you submit
When you submit information through a form on the Site — a contact request, an enquiry, a service request, or an equipment registration — you confirm that the information is accurate and that you are authorized to provide it on behalf of your organization.
Submitting a form does not create a contract, does not obligate us to respond, supply, quote, or accept an order, and does not by itself enrol you in any guarantee or service program. Enrolment in any such program is subject to that program’s terms and to our written confirmation.
We handle personal information as described in our Privacy Policy.
Do not send us confidential or proprietary information through the Site. Any technical suggestion, idea, or feedback you send us about our products, services, or Site may be used by us without restriction, obligation, or compensation.
A10. Third-party sites and content
The Site links to third-party websites, manufacturer catalogues, and technical documents that we do not control. We provide those links for convenience only. We do not endorse and are not responsible for the content, accuracy, products, or practices of any third-party site. Your use of a third-party site is governed by that site’s terms.
A11. Site availability
We do not guarantee that the Site will be available, uninterrupted, error-free, or secure, or that it will be free of viruses or other harmful components. We may take the Site offline for maintenance or any other reason without notice.
A12. Disclaimer of warranties
The Site and all of its content, tools, and resources are provided “as is” and “as available,” without warranty of any kind, whether express, implied, or statutory.
To the fullest extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, accuracy, completeness, non-infringement, and any warranty arising from a course of dealing or usage of trade.
This section applies to your use of the Site. It does not limit or exclude any warranty we give in a written contract of sale, or any manufacturer warranty on a product we supply.
A13. Limitation of liability
To the fullest extent permitted by law, ExFlo, its directors, officers, employees, agents, and affiliates are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to your use of, or inability to use, the Site — including loss of production, downtime, loss of profit, loss of revenue, loss of contract, loss of data, equipment damage, or cost of replacement equipment or cover — whether the claim is framed in contract, tort, negligence, statute, or otherwise, and whether or not we were advised of the possibility of such damages.
Our total aggregate liability arising out of or relating to the Site and these Terms will not exceed one hundred Canadian dollars (CAD $100).
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including liability for fraud or for death or personal injury caused by negligence.
This section governs claims relating to the Site only. Liability for products and services we sell is governed by our terms and conditions of sale and by your written agreement with us.
A14. Indemnity
You agree to indemnify and hold harmless ExFlo and its directors, officers, employees, and agents from any claim, loss, liability, damage, cost, or expense, including reasonable legal fees, arising out of your breach of these Terms, your misuse of the Site, or your violation of any law or third-party right in connection with your use of the Site.
A15. Privacy
Your use of the Site is also governed by our Privacy Policy, which explains what personal information we collect and how we use it.
A16. Governing law
These Terms are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in that province, without regard to conflict of laws principles. You agree to the exclusive jurisdiction of the courts of Manitoba for any dispute arising out of or relating to these Terms or the Site.
A17. General
Severability. If any provision of these Terms is found unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions stay in force.
No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
Entire agreement. These Terms, together with our Privacy Policy, are the entire agreement between you and ExFlo regarding your use of the Site. Where you have a separate written agreement with us covering the purchase of products or services, that agreement governs the transaction.
Assignment. You may not assign these Terms. We may assign them in connection with a merger, acquisition, or sale of assets.
Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces conditions et tous les documents connexes soient rédigés en anglais.
A18. Contact
Questions about these Terms: ExFlo Pumps Inc., 60 Patterson Drive, Stonewall, Manitoba R0C 2Z0. Email: info@exflopumps.com. Phone: 1-833-EXFLO-01.
PART B — TEXT MESSAGING TERMS OF USE
By opting in to, or using, a Text Message Service from ExFlo Pumps Inc., you accept Part B.
This agreement is between you and ExFlo Pumps Inc. or one of its affiliates. All references to “ExFlo,” “we,” “our,” or “us” refer to ExFlo Pumps Inc., 60 Patterson Drive, Stonewall, Manitoba R0C 2Z0.
Text messaging (SMS): key terms
Message frequency. Message frequency varies. This is a conversational, person-to-person messaging service, with service messages and — where you consent — occasional marketing messages.
Message and data rates. Message and data rates may apply.
Opt out. Reply STOP to any message to unsubscribe at any time. You may also reply QUIT, END, CANCEL, OPT OUT, or UNSUBSCRIBE.
Help and customer care. Reply HELP for help, or contact ExFlo customer care at info@exflopumps.com or 1-833-EXFLO-01.
Privacy. See our Privacy Policy for how we collect, use, and protect your information.
B1. Definitions
“Opting In,” “Opt In,” and “Opt-In” mean requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages.
“Text Message Service” means any arrangement or situation in which we send one or more messages addressed to your mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).
B2. Consenting to text messaging
By consenting to receive text messages from us, you agree to these Text Messaging Terms of Use, together with our General Terms and Conditions at https://www.exflopumps.com/terms-and-conditions and our Privacy Policy at https://www.exflopumps.com/privacy-policy, each incorporated here by reference.
You confirm that you are the subscriber or the customary user of the mobile number you provide, and that you have authority to consent for that number. If you give us a mobile number belonging to another individual, you confirm you have that individual’s authority to do so. Tell us promptly if a number you have given us is reassigned or is no longer yours.
B3. E-SIGN disclosure
By agreeing to receive text messages, you also consent to the use of an electronic record to document your agreement. You may withdraw your consent to the use of the electronic record by replying STOP.
B4. Text Message Service privacy
We respect your privacy. We only use the information you provide through this service to transmit your mobile messages and to respond to you. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages.
Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. All of the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
We nonetheless reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, to avoid liability, or to protect our rights or property.
This Text Message Service privacy statement applies to your use of the Text Message Service and is not intended to modify our general Privacy Policy, incorporated by reference above, which may govern the relationship between you and us in other contexts.
B5. Costs of text messages
We do not charge you for the messages you send and receive through this Text Message Service. Message and data rates may apply, so depending on your plan with your wireless or other applicable provider, you may be charged by your carrier or other applicable provider. We are not responsible for those charges.
B6. Frequency of text messages
This Text Message Service is for conversational, person-to-person communication between you and our employees. We may send you an initial message providing details about the service. After that, the number of text messages you receive will vary depending on how you use our services and whether you take steps to generate more text messages from us (such as by sending a HELP request).
B7. Opting out of text messages
If you no longer want to receive text messages, you may reply to any text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE.
As a person-to-person communication service, opt-out requests are specific to each conversation between you and one of our employees and their associated phone number. After unsubscribing, we may send you confirmation of your opt-out by text message.
Opting out of text messages does not withdraw any other consent you have given us, and does not stop us contacting you by email or telephone about an active enquiry, order, service call, or claim.
B8. Help
Reply HELP to any message, or contact us at info@exflopumps.com or 1-833-EXFLO-01, for assistance with the Text Message Service.
B9. Delivery is not guaranteed
Text messages depend on mobile networks and third-party providers that we do not control. Messages may be delayed, undelivered, or delivered to an unintended recipient if a number has been reassigned.
Do not rely on text messaging for urgent, time-critical, or safety-related communication. For urgent matters, telephone us on 1-833-EXFLO-01.
We have no liability arising from a text message that is delayed, not delivered, not read, or delivered to an unintended recipient.
B10. Text messages are not notices or contracts
Nothing sent to or received from us by text message constitutes a formal notice, an order, an acceptance of an order, a variation of any agreement, a quotation, a warranty or guarantee claim, or a waiver of any right, unless we confirm it in writing. Orders and claims are governed by Part C.
Any price, lead time, availability, or technical statement given by text is indicative only and is superseded by our written quotation or order acknowledgement.
Do not send confidential, sensitive, or safety-critical information to us by text message.
B11. Changes to Part B
We may update Part B at any time. The current version is always posted at https://www.exflopumps.com/terms-and-conditions with the effective date at the top.
B12. Contact us
For support: info@exflopumps.com or 1-833-EXFLO-01.
PART C — GENERAL TERMS AND CONDITIONS OF SALE
Part C applies to every quotation issued by ExFlo and every sale of goods or services by ExFlo, as set out in Section C1.
C1. Application of these terms
1.1 These General Terms and Conditions of Sale (“Terms”) apply to every quotation issued by ExFlo Pumps Inc. (“ExFlo”) and every sale of goods or services by ExFlo to a customer (“Customer”), unless ExFlo has signed a separate written agreement with the Customer that says otherwise.
1.2 These Terms govern over any conflicting or additional terms in a Customer purchase order, standard supply agreement, vendor portal, or other Customer document, regardless of when it is issued or whether ExFlo signs, acknowledges, or acts on it. ExFlo’s acceptance of an order is expressly conditional on the Customer’s agreement to these Terms. Delivery of goods, commencement of work, or acceptance of goods by the Customer confirms that agreement.
1.3 Any variation of these Terms is binding on ExFlo only if made in writing and signed by an authorized ExFlo representative.
C2. Quotations and orders
2.1 Quotations are valid for 30 days from the date of issue unless stated otherwise, and may be withdrawn or revised by ExFlo at any time before an order is accepted.
2.2 A quotation is not an offer capable of acceptance. A binding contract is formed only when ExFlo issues a written order acknowledgement, or ships the goods, whichever occurs first.
2.3 Quotations are based on the information supplied by the Customer. If that information is incomplete or inaccurate, or if the requirement changes, ExFlo may adjust the price and the delivery schedule.
2.4 Orders may not be cancelled, reduced, deferred, or changed without ExFlo’s written consent. Where consent is given, the Customer is responsible for all costs incurred to the date of the change, including supplier cancellation and restocking charges, freight, customs duties already paid, and non-recoverable deposits.
2.5 Special-order, custom-built, and non-stock items are non-cancellable and non-returnable once the order is placed with the supplier.
C3. Prices
3.1 Prices are quoted in Canadian dollars unless stated otherwise, and are exclusive of all taxes, duties, freight, insurance, packaging, and installation unless expressly included.
3.2 Where goods are sourced internationally, quoted prices are based on the exchange rates, tariffs, customs duties, and freight rates in effect at the date of quotation. ExFlo may adjust the price to reflect any change in those costs occurring before shipment, provided ExFlo notifies the Customer. If an adjustment exceeds 5% of the quoted price, the Customer may cancel the affected portion of the order without charge by giving written notice within 5 business days of the notification.
3.3 For orders with a delivery date more than 90 days after the date of order acceptance, the price is the price in effect at the date of shipment.
3.4 Prices assume the goods are supplied to a single delivery point in a single shipment. Split deliveries, changed destinations, and expedited freight are chargeable.
C4. Payment
4.1 Payment terms are net 30 days from the date of invoice for Customers with approved credit. Customers without approved credit pay in advance of shipment. Credit is granted at ExFlo’s discretion and may be reduced, suspended, or withdrawn at any time on notice.
4.2 ExFlo may require a deposit of 25% of the order value on special orders and on orders exceeding $25,000, payable before the order is placed with the supplier. Deposits are non-refundable to the extent ExFlo has incurred committed costs.
4.3 Payment is made without set-off, deduction, holdback, or counterclaim. The Customer may not withhold payment on one invoice because of a dispute on another.
4.4 Time of payment is of the essence.
4.5 Overdue amounts bear interest at 1.5% per month (19.56% per annum), calculated daily from the due date until paid in full, before and after judgment. The Customer is also responsible for ExFlo’s reasonable costs of collection, including legal fees on a solicitor-and-own-client basis.
4.6 If the Customer is in default, or if ExFlo reasonably believes the Customer’s financial position no longer supports the credit extended, ExFlo may suspend deliveries, require prepayment or security, cancel undelivered orders, or repossess unpaid goods, without liability and without prejudice to its other remedies.
4.7 Where goods are supplied to a project, the Customer remains liable for payment regardless of whether the Customer has been paid by its own customer, owner, or general contractor. Pay-when-paid and pay-if-paid arrangements do not apply.
C5. Taxes and duties
5.1 All applicable federal and provincial sales taxes, customs duties, tariffs, levies, and environmental or regulatory fees are the Customer’s responsibility and will be added to the invoice unless a valid exemption certificate is provided before invoicing.
C6. Delivery, title, and risk
6.1 Unless the quotation states otherwise, goods are supplied FCA point of shipment (Incoterms 2020), being ExFlo’s facility, ExFlo’s third-party warehouse, or the supplier’s facility, as applicable.
6.2 Risk of loss or damage passes to the Customer on delivery of the goods to the carrier. Where ExFlo arranges freight as a convenience to the Customer, it does so as the Customer’s agent, at the Customer’s cost and risk.
6.3 Where the Customer arranges its own freight, the Customer is responsible for the suitability, insurance, and performance of its carrier.
6.4 Title to the goods does not pass to the Customer until ExFlo has received payment in full. Until title passes, the Customer holds the goods as bailee, keeps them insured and identifiable as ExFlo’s property, and must not sell, encumber, or dispose of them outside its ordinary course of business. The Customer grants ExFlo a purchase-money security interest in the goods and their proceeds to secure payment, and agrees to sign or deliver any document ExFlo reasonably requires to perfect and register that interest under applicable personal property security legislation.
6.5 Delivery dates are estimates based on supplier lead times and are not guaranteed. ExFlo is not liable for any loss arising from late or delayed delivery, and delay does not entitle the Customer to cancel the order or refuse the goods.
6.6 ExFlo may deliver in instalments and invoice each instalment separately.
6.7 If the Customer fails to take delivery on the scheduled date, risk passes on the date delivery was tendered, and ExFlo may invoice the goods and charge reasonable storage, handling, and insurance costs.
C7. Inspection, shortages, and transit damage
7.1 The Customer inspects the goods on delivery. Claims for shortage, incorrect shipment, or visible damage must be made in writing within 5 business days of delivery, with supporting photographs. Claims made after that period are barred.
7.2 Visible transit damage must be noted on the carrier’s bill of lading or delivery receipt at the time of delivery. Failure to do so may void the claim against the carrier and, accordingly, against ExFlo.
7.3 Goods not rejected within the period in 7.1 are deemed accepted.
C8. Returns
8.1 Goods may be returned only with a Return Material Authorization (“RMA”) issued by ExFlo in advance, requested within 30 days of delivery. Goods received without an RMA number will be refused.
8.2 Returned goods must be unused, in resaleable condition, in original packaging, and complete with all accessories and documentation.
8.3 Accepted returns are subject to a restocking fee of 25% of the invoiced price, plus any charge levied by the original supplier. Return freight is at the Customer’s cost and risk.
8.4 The following are not returnable under any circumstances: special-order, custom, and non-stock items; goods that have been installed, run, wetted, or otherwise put into service; goods modified or altered after delivery; and goods that have been in the Customer’s possession for more than 30 days.
8.5 Credit for an accepted return is issued to the Customer’s account and is applied against amounts owing before any refund is made.
C9. Warranty
C9.1 The ExFlo 5-Year Pump Warranty — scope
9.1.1 The 5-year warranty applies only to complete AUDEX and SLURRYPRO pump units supplied new by ExFlo. For those units, ExFlo warrants that the covered components listed in 9.1.3 will be free from defects in material and workmanship for 5 years (60 months) from the date of delivery, or 12,000 cumulative operating hours, whichever occurs first, subject to the conditions in 9.2 and the exclusions in 9.3.
9.1.2 All other goods carry a 12-month warranty from the date of delivery, or 18 months from the date of shipment from the manufacturer, whichever ends first. This includes, without limitation: TORO units and all other brands; parts, spares, and accessories, whether supplied loose or fitted; control panels, cables, hoses, and ancillary equipment; used, demonstration, refurbished, and ex-loaner units; and any unit supplied on rental or trial. Where the manufacturer of those goods offers a longer warranty, ExFlo passes it through to the extent it is permitted to do so.
9.1.3 Covered components. The 5-year warranty covers the pump casing and volute, the motor stator and rotor, the shaft, and the structural castings of the unit. It does not extend to any other component, including the wear and consumable parts listed in 9.3(a), which are excluded in full.
9.1.4 The warranty is given by ExFlo directly. Where the manufacturer also provides a warranty, that warranty applies in addition, and ExFlo’s obligation is neither increased nor reduced by its terms.
9.1.5 The warranty is given to the original purchasing Customer, for the original installation, at the site identified at the time of sale. It does not transfer on resale, relocation to a different site, or redeployment to a different application, without ExFlo’s prior written consent.
C9.2 Conditions — all must be met
9.2.1 The 5-year warranty is conditional. Each of the following is a condition precedent to any claim. Failure to meet any one of them voids the 5-year warranty in respect of the unit concerned, which then reverts to the 12-month warranty in 9.1.2:
(a) Registration. The unit is registered with ExFlo within 30 days of delivery, with model, serial number, site location, and intended duty recorded.
(b) Duty data. The Customer supplied complete and accurate written duty conditions before the order — including fluid, solids content and particle size, abrasiveness, pH and temperature, flow and head required, suction conditions, power supply, and expected duty cycle — and the unit has been operated within those conditions and within the published performance curve at all times.
(c) Installation and commissioning. The unit was installed, wired, and commissioned by ExFlo or by a contractor approved by ExFlo in writing, in accordance with the manufacturer’s instructions, and a commissioning record was completed and returned to ExFlo.
(d) Maintenance. The unit has been maintained in accordance with the manufacturer’s published maintenance schedule, at or before the specified intervals, from the date of delivery.
(e) OEM parts. Every part fitted to the unit since delivery — including all wear parts, seals, and lubricants — was a genuine OEM part supplied by ExFlo or by a source ExFlo approved in writing.
(f) Records. The Customer has kept dated records of commissioning, operating hours, maintenance performed, and parts fitted, and produces them to ExFlo within 15 business days of a request. Failure to produce complete records within that period is, by itself, grounds for rejection of the claim.
(g) Repairs. No repair, modification, rewind, or disassembly of the unit has been performed by anyone other than ExFlo or a person authorized by ExFlo in writing.
(h) Monitoring. Where the unit is supplied with protection or monitoring devices — thermal, moisture, seal-leak, over-current, or level control — those devices have been connected, kept in service, and not bypassed, disabled, or reset outside the manufacturer’s instructions.
(i) Account. The unit has been paid for in full and the Customer’s account is in good standing at the date of the claim and at the date the remedy is provided.
9.2.2 ExFlo may audit compliance with 9.2.1 on reasonable notice, including by inspecting the installation and reviewing records on site.
C9.3 Exclusions
9.3.1 The warranty does not cover, and ExFlo has no liability for, any defect, failure, or damage arising from or consisting of:
(a) Wear and consumable parts. Impellers, wear plates and wear rings, liners, mechanical seals and seal faces, O-rings and elastomers, bearings, cutting and agitator components, hoses, strainers, cable entry glands, cable, and lubricants. These are excluded from the 5-year warranty entirely and are covered only against defects in material or workmanship apparent on delivery and reported under Section 7. Consequential damage to a covered component caused by the failure, wear, or neglect of a wear part is also excluded.
(b) Normal wear, erosion, abrasion, corrosion, chemical attack, scaling, or the passage of abrasive or corrosive media.
(c) Operation outside the published duty range, curve, or design parameters, including cavitation, dry running, snoring, running off-curve, over-speeding, excessive starts per hour, and operation at excessive temperature, head, or submergence.
(d) A fluid, slurry, solids loading, particle size, temperature, or pH other than that specified under 9.2.1(b), or any change in site or process conditions after selection.
(e) Improper or incomplete installation, alignment, wiring, earthing, electrical protection, control, or commissioning; unstable, incorrect, or unprotected power supply, including phase loss, phase imbalance, over- or under-voltage, and power surge.
(f) Inadequate, deferred, or incorrect maintenance, or failure to follow the manufacturer’s operating and maintenance instructions.
(g) Repair, modification, rewind, or the fitting of non-approved parts by anyone other than ExFlo or a person authorized by ExFlo.
(h) Accident, misuse, abuse, neglect, vandalism, theft, freezing, burial, entrapment, submersion beyond rating, ingestion of foreign objects, lightning, flood, fire, or any act of God.
(i) Removal, alteration, or defacement of the serial number or identification plate.
(j) Disassembly, teardown, or attempted repair of the unit after a failure and before ExFlo has inspected it, where ExFlo has not authorized that work in writing.
(k) Cosmetic damage, paint and coating deterioration, and surface corrosion that does not affect function.
(l) Any unit for which payment in full has not been received.
C9.4 Making a claim
9.4.1 The Customer notifies ExFlo in writing within 5 business days of discovering the defect, and in any event before the warranty period expires, providing: the model and serial number, the date of delivery, cumulative operating hours, a description of the failure, the operating conditions at the time of failure, and supporting photographs.
9.4.2 The unit must be left as found. The Customer must not disassemble, strip, or attempt to repair the unit before ExFlo has inspected it or waived inspection in writing. Doing so voids the claim.
9.4.3 ExFlo may require the unit to be made available for inspection on site, or returned freight prepaid to a location ExFlo designates, and may require the manufacturer to participate in the inspection and failure analysis.
9.4.4 ExFlo assesses the claim against Sections 9.1 to 9.3 and its determination is final in the absence of manifest error. Where the failure has more than one cause, the warranty does not apply if an excluded cause materially contributed to it.
9.4.5 If inspection or analysis shows the failure is not covered, the Customer pays ExFlo’s inspection, teardown, analysis, handling, storage, and freight costs, and the cost of any repair the Customer authorizes.
C9.5 Remedy
9.5.1 The Customer’s sole and exclusive remedy is, at ExFlo’s option: repair of the unit, replacement of the affected covered component, replacement of the unit, or a credit calculated under 9.5.2. ExFlo may supply a repaired or reconditioned component of equivalent specification.
9.5.2 Pro-rated credit. For a claim accepted more than 24 months after delivery, any credit is pro-rated on the remaining warranty term: credit = the price paid for the unit × (60 − whole months since delivery) ÷ 60. Credit is applied to the Customer’s account against amounts owing before any refund is made.
9.5.3 ExFlo is not responsible for any cost of removal, reinstallation, disassembly, reassembly, site labour, contractor charges, crane or lifting equipment, dewatering, pumping cover or rental, travel, accommodation, standby time, or site access, unless ExFlo agrees to that cost in writing in advance.
9.5.4 Warranty on a repaired or replaced unit or component runs for the unexpired balance of the original period and is not renewed, extended, or restarted.
9.5.5 Services performed by ExFlo are warranted to have been performed in a workmanlike manner for 90 days from completion. This is the only warranty given on services.
C10. Exclusion of other warranties
10.1 The warranty in Section 9 is the only warranty ExFlo gives. To the fullest extent permitted by law, all other warranties, conditions, representations, and terms — express, implied, or statutory, including implied warranties or conditions of merchantability, durability, and fitness for a particular purpose — are excluded.
10.2 No employee, agent, or representative of ExFlo has authority to give any warranty beyond Section 9, and any such statement is not binding on ExFlo unless made in writing and signed by an authorized ExFlo representative.
10.3 Nothing in these Terms excludes or limits any right or remedy that cannot be excluded or limited by applicable law.
C11. Limitation of liability
11.1 ExFlo is not liable, under any circumstances, for any indirect, incidental, special, consequential, exemplary, or punitive damages — including loss of production, downtime, lost output, loss of profit, loss of revenue, loss of contract, loss of opportunity, cost of substitute or rental equipment, cost of cover, environmental cleanup, penalties or liquidated damages payable by the Customer to a third party, or claims made against the Customer by a third party — whether the claim arises in contract, tort, negligence, strict liability, statute, or otherwise, and whether or not ExFlo was advised of the possibility of such damages.
11.2 ExFlo’s total aggregate liability arising out of or relating to any order, whatever the cause of action, does not exceed the price paid to ExFlo for the specific goods or services giving rise to the claim.
11.3 Any claim against ExFlo must be commenced within 12 months of the date the cause of action arose, or it is barred. This does not shorten the warranty period in Section 9: a warranty claim notified within that period under 9.4 may be commenced within 12 months after ExFlo rejects it.
11.4 The exclusions and limits in this Section reflect the allocation of risk between the parties and are a material part of the basis on which ExFlo sets its prices. They survive termination and apply even if a remedy fails of its essential purpose.
11.5 Nothing in this Section limits liability for fraud, or for death or personal injury caused by ExFlo’s negligence.
C12. Application, selection, and suitability
12.1 The Customer is responsible for determining that the goods are suitable for its application, site conditions, and intended use, and for compliance with all applicable codes, standards, regulations, and workplace safety requirements.
12.2 Pump selections, sizings, performance estimates, recommendations, calculator outputs, and technical guidance provided by ExFlo — whether verbal, written, or generated by a tool on ExFlo’s website — are advisory only, are based on the information the Customer supplies, and do not constitute engineering advice or a guarantee of performance. Published performance data is the manufacturer’s and is subject to test tolerances and to the accuracy of the stated duty conditions.
12.3 The Customer is responsible for the safe installation, operation, and maintenance of the goods, including guarding, isolation, lockout, electrical protection, and confined-space and lifting procedures.
C13. Guarantee and service programs
13.1 Where ExFlo offers a guarantee, uptime commitment, or service program — including any parts availability guarantee and any associated loaner equipment provision — that program is governed by its own published terms, conditions, exclusions, and eligibility requirements, which apply in addition to these Terms.
13.2 Eligibility for a parts availability guarantee may require the equipment to be registered with ExFlo, the parts to fall within a defined critical-parts scope, and the Customer’s account to be in good standing.
13.3 Where the remedy under a program is the provision of loaner equipment, that equipment remains the property of ExFlo at all times. The Customer: keeps it insured for its full replacement value against loss and damage; uses it only for the application and duty for which it was supplied; does not modify or sublet it; returns it clean, complete, and in the condition supplied, freight prepaid, within the agreed period; and is responsible for the cost of repair or replacement of loaner equipment that is lost, damaged, or returned in unserviceable condition, fair wear and tear excepted.
C14. Customer equipment held by ExFlo
14.1 Equipment sent to ExFlo for inspection, repair, or evaluation is held at the Customer’s risk. The Customer is responsible for insuring it.
14.2 Equipment must be delivered to ExFlo drained, cleaned, and free of hazardous residue, with written notice of any hazardous substance it has contained. The Customer indemnifies ExFlo against any claim arising from a failure to do so.
14.3 If the Customer does not collect equipment within 60 days of ExFlo notifying it that the work is complete, or does not respond to a repair quotation within 60 days, ExFlo may charge storage, and after 120 days may dispose of the equipment and apply the proceeds against amounts owing, subject to applicable law.
C15. Force majeure
15.1 ExFlo is not liable for any failure or delay in performance caused by events beyond its reasonable control, including: supplier default or supplier delay; manufacturing shortages; shortage or unavailability of raw materials, components, or transport capacity; port congestion, customs or border delays, and inspection holds; changes in tariffs, duties, sanctions, or import restrictions; labour disruption or strike, including at a supplier or carrier; fire, flood, severe weather, and natural disaster; epidemic or pandemic; war, terrorism, civil unrest, and cyber attack; and act of government or regulatory authority.
15.2 During a force majeure event, ExFlo may allocate available goods among its customers on any reasonable basis. If the event continues for more than 90 days, either party may cancel the affected portion of the order, and ExFlo will refund any payment received for goods not shipped, less committed costs.
C16. Compliance
16.1 The Customer will not export, re-export, or divert goods supplied by ExFlo in breach of any applicable export control, sanctions, or trade law, and will not resell into a jurisdiction subject to such restrictions.
16.2 Each party complies with applicable anti-bribery, anti-corruption, and anti-money-laundering laws.
C17. Confidentiality
17.1 Pricing, discount structures, quotations, and technical proposals supplied by ExFlo are confidential and are provided for the Customer’s internal evaluation only. The Customer will not disclose them to a competitor of ExFlo or use them to solicit a competing offer beyond its ordinary procurement process.
C18. Termination and default
18.1 ExFlo may suspend or terminate any order, without liability, if the Customer fails to pay when due, breaches these Terms and does not cure the breach within 10 business days of notice, becomes insolvent, makes an assignment for the benefit of creditors, or has a receiver or trustee appointed.
18.2 On termination, all amounts owing to ExFlo become immediately due, and Sections 4, 6.4, 9, 10, 11, 12, 16, 17, and 19 survive.
C19. General
19.1 Governing law. These Terms and every contract of sale formed under them are governed by the laws of the Province of Manitoba and the federal laws of Canada applicable in that province. The parties attorn to the exclusive jurisdiction of the courts of Manitoba. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
19.2 Entire agreement. These Terms, together with ExFlo’s written quotation and order acknowledgement, are the entire agreement between the parties and supersede all prior discussions, representations, and understandings. The Customer confirms it has not relied on any statement not set out in those documents.
19.3 Assignment. The Customer may not assign an order without ExFlo’s written consent. ExFlo may assign or subcontract.
19.4 Severability. If a provision is held unenforceable, it is limited or severed to the minimum extent necessary and the remainder stays in force.
19.5 Waiver. No failure or delay by ExFlo in exercising a right is a waiver of it, and no waiver of one breach is a waiver of any other.
19.6 Notices. Notices to ExFlo are given in writing to the address below. Notices to the Customer are given to the address on the order or the last address ExFlo has on record. A text message is not a valid notice under these Terms, and no notice required or permitted by these Terms — including an order, a cancellation, a claim under Section 7, a warranty claim under Section 9, or a termination notice — may be given by text message.
19.7 No third-party beneficiaries. These Terms are for the benefit of ExFlo and the Customer only.
19.8 Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont demandé que ces conditions et tous les documents connexes soient rédigés en anglais.
19.9 Communications and text messages (SMS). Text messaging between ExFlo and the Customer is governed by Part B — Text Messaging Terms of Use, which forms part of these Terms. In addition, for the purposes of a contract of sale:
(a) Text messaging depends on mobile networks ExFlo does not control. Messages may be delayed, undelivered, or received by the wrong person if a number changes hands. The Customer must not rely on text messaging for urgent, time-critical, or safety-related communication, and ExFlo has no liability arising from a text message that is delayed, not delivered, not read, or delivered to an unintended recipient.
(b) A text message does not form, vary, or waive any part of a contract. Quotations, orders, order acceptances, change orders, claims, and notices are effective only as provided in these Terms and are not effective by text message. Any figure, lead time, availability, price, or technical statement given by text is indicative only and is superseded by ExFlo’s written quotation or order acknowledgement.
(c) ExFlo does not guarantee a response time to a text message. Where a program response commitment applies, it is measured from contact made through the channel specified in that program’s terms.
(d) The Customer confirms it has the authority of any individual whose mobile number it provides to ExFlo.
C20. Contact
ExFlo Pumps Inc. 60 Patterson Drive, Stonewall, Manitoba R0C 2Z0, Canada. Phone: 1-833-EXFLO-01. Email: info@exflopumps.com