LIMITED WARRANTY POLICY AND OFFICIAL CLAIM PROCEDURE

Tripod Orchard Ladders — FALCON, FG, STOKES, FRIGÉRIO and CAGSAN

⚠️ IMPORTANT NOTICE — MANDATORY READING

This Policy sets out the terms and conditions of the conventional limited warranty and the procedure applicable to warranty claims concerning tripod orchard ladders of the FALCON, FG, STOKES, FRIGÉRIO and CAGSAN brands.

This warranty is subject to the conditions, exclusions and warranty periods set out herein. The customer must provide the information and documentation reasonably necessary to allow the claim to be assessed.

The fact that a ladder is broken, worn, damaged or has become unusable does not automatically mean that it has a defect covered by the warranty. The nature and cause of the problem must be assessed.

This conventional limited warranty is in addition to applicable legal warranties and is not intended to exclude, reduce or replace any rights or remedies that a consumer may not legally waive.

1. LIMITED WARRANTY PERIOD

1.1 Residential / Personal Use — 1 Year

For normal residential or personal use by an individual, the conventional limited warranty period is:

Twelve (12) months / 365 days

The warranty begins on the date of purchase or, where required by applicable law, on the date the customer takes possession of the product.

LEGAL WARRANTIES APPLICABLE IN QUÉBEC

This 1-year limited conventional warranty is in addition to the legal warranties provided by applicable Québec laws and does not replace, limit, or exclude them.

Where the Québec Consumer Protection Act applies, consumers benefit from the legal warranties provided under that Act. In particular, the product must be fit for the purpose for which goods of that kind are ordinarily used and must be durable for a reasonable period of time, having regard to, among other things, its price, the terms of the contract, and the conditions of use.

Accordingly, the expiration of the 1-year limited conventional warranty does not necessarily mean that the applicable legal warranties have expired. Such legal warranties may continue to apply beyond this period where the conditions prescribed by law are met.

Nothing in this warranty shall be interpreted as restricting or excluding any right or remedy available to a consumer under any mandatory provision of applicable Québec law.

1.2 Commercial or Professional Use — 90 Days

For commercial or professional use, the conventional limited warranty period is:

Ninety (90) days

Commercial or professional use includes, without limitation, the use of a ladder in connection with:

• a business;
• self-employment;
• activities performed as an independent contractor;
• commercial, industrial or institutional activities;
• rental activities;
• work or services performed for compensation.

Classification is based primarily on the actual use of the product, and not solely on the user's declared status.

Use in connection with a compensated activity may therefore be considered commercial or professional use, whether or not that activity has been formally declared or registered.

LEGAL WARRANTIES APPLICABLE IN QUÉBEC

This 90 days limited conventional warranty is in addition to the legal warranties provided by applicable Québec laws and does not replace, limit, or exclude them.

Where the Québec Consumer Protection Act applies, consumers benefit from the legal warranties provided under that Act. In particular, the product must be fit for the purpose for which goods of that kind are ordinarily used and must be durable for a reasonable period of time, having regard to, among other things, its price, the terms of the contract, and the conditions of use.

Accordingly, the expiration of the 1-year limited conventional warranty does not necessarily mean that the applicable legal warranties have expired. Such legal warranties may continue to apply beyond this period where the conditions prescribed by law are met.

Nothing in this warranty shall be interpreted as restricting or excluding any right or remedy available to a consumer under any mandatory provision of applicable Québec law.

2. WHAT THE WARRANTY COVERS

Subject to the conditions and exclusions set out herein, the conventional limited warranty covers defects directly attributable to:

• a manufacturing defect;
• a defect in materials;
• a welding defect, where the model includes welded components and the problem is attributable to manufacturing.

The defect must occur during the applicable warranty period and under normal, reasonable and proper use of the product.

3. CONDITIONS OF USE, MAINTENANCE AND SAFETY

To qualify for coverage under the conventional limited warranty, the product must have been used for its intended purpose and in accordance with applicable instructions and warnings.

The user must, in particular:

• comply with the maximum load capacity;
• properly install and position the ladder;
• use the ladder on an appropriate surface;
• comply with the manufacturer's instructions and warnings;
• inspect the ladder before use and regularly thereafter;
• perform reasonably necessary maintenance;
• comply with applicable safety requirements;
• refrain from making any unauthorized modification, alteration or repair that could affect the safety of the product;
• immediately discontinue use of the ladder if any crack, deformation, damaged weld, instability or other condition that could compromise its safety is discovered.

Damage caused or aggravated by misuse or failure to comply with these obligations may be excluded from the conventional limited warranty.

4. WARRANTY EXCLUSIONS

Subject to applicable laws, the conventional limited warranty does not cover damage resulting from, including but not limited to:

• normal wear and tear;
• scratches, superficial marks or discoloration that do not affect safety or functionality;
• abusive, abnormal or improper use;
• excessively intensive use in relation to the product's intended purpose;
• overloading or failure to comply with the maximum load capacity;
• improper installation or positioning;
• a fall, impact, accident or collision;
• use on an unsuitable or unstable surface;
• an unauthorized modification or alteration that caused or contributed to the problem;
• an unauthorized repair that caused or aggravated the problem;
• improper maintenance;
• improper storage;
• freezing conditions, excessive moisture, corrosion or weather exposure where the damage does not result from a covered defect;
• fire, flooding, storms or other external events;
• transportation damage attributable to the customer or to a carrier selected and directly retained by the customer, subject to applicable laws.

Where misuse or another excluded cause is established as the cause of the damage or as having materially contributed to it, the claim may be denied under the conventional limited warranty.

5. WEAR-AND-TEAR PARTS

Normal wear and tear of replaceable components or components subject to wear is not covered, including:

• rubber end caps;
• pads;
• fasteners;
• screws;
• rivets;
• hinges;
• straps;
• feet and legs;
• other similar components subject to normal wear.

However, where one of these components has an actual manufacturing or material defect that otherwise qualifies for warranty coverage, the fact that the component is replaceable does not automatically exclude it from coverage.

6. COMMERCIAL OR PROFESSIONAL WARRANTY

A ladder used in connection with a commercial or professional activity is subject to the 90-day conventional limited warranty set out herein.

Wear resulting from normal or intensive professional use does not, by itself, constitute a manufacturing defect.

6.1 Prorated Replacement Program

Where a prorated replacement program expressly applies to a commercially used product, its conditions and calculation method must have been communicated to the customer as part of the terms applicable to the purchase.

No contribution schedule or additional fee may be added retroactively where prohibited by law.

7. PICKUP, DELIVERY AND TRANSPORTATION

Ladder Inspection

All of our ladders are inspected before leaving the warehouse.

When a ladder is released directly to the customer or to a carrier hired by the customer, it is also inspected before leaving our storage or pickup location.

When taking possession of the ladder in person, the customer is encouraged to examine its apparent condition before leaving the pickup location and to report any apparent irregularity or damage identified.

When the ladder is picked up and delivered by a carrier hired by the customer, the customer is also encouraged to examine the apparent condition of the ladder upon receipt and to promptly report any apparent irregularity or damage. The carrier is also encouraged to verify the apparent condition of the ladder when taking possession of it.

These inspections do not limit or replace any legal warranties, rights, or remedies available to the consumer under applicable law.

7.1 Pickup and Taking Possession

Once an order is available, the customer must pick up the product by appointment at the agreed or selected pickup location.

Unless otherwise agreed in writing, the product must be picked up within a maximum of ten (10) business days following the notice of availability.

To schedule an appointment: 514-755-7578.

If the product is not picked up within the specified period, reasonable storage fees may apply after notice to the customer and where permitted by law.

7.2 TRANSPORTATION, DELIVERY AND INDEPENDENT CARRIERS

General Principle

ÉmondageSimard.com does not offer or provide ladder delivery or transportation services.

Depending on the available options, the customer may:

• pick up the product personally at a designated pickup location;

• select and hire a carrier of their choice;

• ask ÉmondageSimard.com, for informational purposes only, for the contact information of one or more independent carriers that may be able to transport the product.

When an independent carrier is used, the customer deals directly with that carrier for the transportation service.

Unless otherwise required by a mandatory provision of applicable law, all transportation, shipping, delivery, handling, insurance and other related charges invoiced by the carrier are the responsibility of the customer.

Estimated Transportation Costs

At the customer's request and for informational purposes only, ÉmondageSimard.com may provide the contact information of one or more independent carriers, as well as an approximate estimate of transportation costs when such information is available.

Any estimate provided by ÉmondageSimard.com is for informational purposes only and does not constitute a guaranteed price or an offer by ÉmondageSimard.com to provide transportation services.

The final price, payment terms, delivery time, transportation conditions, insurance coverage and any other services must be confirmed directly between the customer and the selected carrier.

Transportation Costs Applicable to Ladders

Due to their length, oversized dimensions, weight and specific handling and transportation requirements, transportation costs for tripod ladders may be significant.

For informational purposes only, local transportation costs may generally start at approximately $100 plus applicable taxes and may vary depending on factors including:

• the ladder model and size;

• its dimensions and weight;

• the destination and distance;

• the selected carrier;

• applicable oversized-item surcharges;

• handling fees or special services required;

• transportation insurance, where applicable;

• the requested delivery time and type of service.

For certain remote destinations or larger ladder models, transportation costs may exceed $800 plus applicable taxes.

These amounts are provided for informational purposes only and may be changed by the carrier without prior notice to ÉmondageSimard.com.

Independent Carrier Selected or Accepted by the Customer

The customer remains free to select the carrier of their choice.

When the customer directly selects or hires an independent carrier, including a carrier whose contact information was suggested by ÉmondageSimard.com, the transportation contract is entered into directly between the customer and the carrier.

ÉmondageSimard.com is not a party to that transportation contract, and the carrier remains responsible for its own services, rates, terms and conditions.

The customer is responsible for making all necessary arrangements directly with the carrier concerning, in particular, pickup, transportation, delivery, payment of charges and, where applicable, transportation insurance.

The fact that ÉmondageSimard.com suggests a carrier, provides its contact information, facilitates initial contact or communicates an approximate estimate of its rates does not constitute an undertaking by ÉmondageSimard.com to provide or guarantee the transportation service, its price, availability or delivery time.

Transfer of the Product to the Carrier and Transportation Risks

When the customer directly selects and hires their own carrier, the product may be released to that carrier in accordance with the agreed instructions and arrangements.

The risks associated with transportation are transferred to the customer when the product is released to the carrier selected and hired by the customer, only to the extent permitted by applicable law.

Nothing in these Terms shall be interpreted as transferring to the consumer any risk, responsibility or obligation that legally remains the responsibility of ÉmondageSimard.com under a mandatory provision of applicable law.

Inspection Upon Receipt

The customer is encouraged to inspect the apparent condition of the product upon receipt and to promptly report to both the carrier and ÉmondageSimard.com any apparent damage, irregularity or problem identified.

Such inspection and any notice provided to the carrier do not limit or replace any rights or remedies available to the consumer under applicable law.

Supremacy of Applicable Legal Provisions

These provisions regarding transportation, delivery, costs and transfer of risk apply subject to the rights and obligations provided under applicable laws, including the mandatory provisions of the Québec Consumer Protection Act, where applicable.

Nothing in this section shall be interpreted as restricting, excluding or transferring any right, remedy, responsibility or obligation where such restriction, exclusion or transfer is not permitted by law.

8. COSMETIC CONDITION AND INSPECTION UPON RECEIPT

8.1 Cosmetic Condition

Orchard ladders are large utility products that may be transported, handled or stored without complete individual protective packaging.

They may therefore exhibit certain superficial imperfections resulting from normal manufacturing, handling or transportation, including:

• minor scratches;
• rubbing or scuff marks;
• minor variations in finish.

A strictly cosmetic imperfection that does not affect the strength, stability, safety or normal operation of the product does not, by itself, constitute a defect covered by the conventional limited warranty.

8.2 Inspection Upon Receipt

The customer must inspect the ladder upon receipt or when taking possession and should verify, in particular:

• its overall condition;
• the absence of major visible damage;
• visible welds and assemblies;
• the absence of significant deformation;
• components and accessories;
• the model and size received.

Where visible damage appears to have occurred during transportation, the customer should promptly report it to both the carrier and the Seller and retain relevant photographs and documentation.

9. CLAIM DEADLINE AND PROCEDURE

Any claim under the conventional limited warranty must be submitted in writing:

• within seven (7) days following discovery or identification of the problem; and
• within the applicable warranty period.

The seven (7)-day period applies to the procedure for claims under the conventional limited warranty and is not intended to reduce or exclude any limitation periods, rights or remedies provided by applicable laws.

A claim submitted outside these time periods may be denied under the conventional warranty, subject to rights and remedies that cannot legally be excluded or limited.

10. PROOF OF PURCHASE, DOCUMENTATION AND PHOTOGRAPHS

The customer must provide the information reasonably necessary to identify the product and assess the claim, including:

• the invoice, receipt or order confirmation;
• the purchaser's name;
• the date of purchase or possession;
• the brand and model;
• the serial number, where applicable;
• the approximate date on which the problem was discovered;
• a detailed description of the alleged defect.

Where reasonably necessary, the customer may also be required to provide:

• a photograph of the complete ladder;
• close-up photographs of the alleged defect;
• a photograph of the manufacturer's label or serial number;
• photographs showing the ladder installed and positioned;
• photographs of the environment or conditions in which the ladder was used.

Additional information or photographs may be requested where necessary.

The assessment may be suspended until the reasonably necessary information has been received.

These administrative requirements are not intended to alter the burden of proof established by applicable laws.

11. PHYSICAL INSPECTION AND RETURN AUTHORIZATION — RMA

Where the documents and photographs provided do not reasonably allow the nature or cause of the problem to be determined, a physical inspection may be required.

No product may be shipped or returned without first obtaining a written Return Merchandise Authorization (RMA) or written instructions from the Seller.

The return authorization may specify, among other things:

• the inspection location or return address;
• the transportation method;
• the claim or file number;
• the information that must accompany the product.

Issuance of a return authorization does not constitute an acknowledgement that the problem is covered by the warranty.

The inspection may include an assessment of:

• the alleged defect;
• materials and welds;
• overall condition;
• wear;
• deformation;
• impacts or signs of a fall;
• signs of overloading;
• modifications or repairs;
• any condition that may have caused or contributed to the problem.

12. INSPECTION AND STORAGE FEES

Where an inspection determines that the problem is not covered by the conventional limited warranty, reasonable inspection fees may be charged where:

• such charges are permitted by law;
• the customer was informed in advance of the amount or method of calculation;
• the customer agreed to the charges where such agreement is required.

Reasonable storage fees may also apply where a product is not collected within the period communicated to the customer, after notice and where permitted by law.

13. TRANSPORTATION COSTS RELATED TO A WARRANTY CLAIM

All transportation costs associated with processing a claim under the conventional limited warranty are the responsibility of the customer, subject to mandatory provisions of applicable laws.

This includes, without limitation, costs associated with:

• returning or bringing the ladder to the designated inspection location;
• shipping the product to the Seller, manufacturer or inspection centre;
• retrieving the product following inspection;
• shipping a repaired ladder or repaired component back to the customer;
• shipping a replacement component or replacement product;
• any necessary handling or delivery.

Charges corresponding to transportation or delivery services already performed are not automatically refundable when a repair, replacement, credit or other remedy is provided.

Where a mandatory law requires certain transportation costs to be paid or reimbursed by the Seller or manufacturer, that legal requirement prevails.

14. REPAIR, REPLACEMENT OR OTHER REMEDY

Where a covered defect is confirmed, the manufacturer or Seller may, depending on the circumstances and subject to applicable laws:

• repair the product;
• repair or replace the defective component;
• replace the product where appropriate;
• issue a credit;
• provide a refund or other remedy where provided for, appropriate or required by law.

The remedy may take into account the nature of the defect, the feasibility of repair and the availability of replacement components or products.

15. LIMITATION OF LIABILITY

To the extent permitted by applicable laws, the conventional limited warranty does not cover loss of income, loss of business or other indirect economic losses resulting, in particular, from the temporary unavailability of the product.

Damage directly caused by misuse, overloading, unauthorized modification or failure to follow safety instructions is not covered.

Nothing herein is intended to exclude or limit liability where such exclusion or limitation is prohibited by law.

16. LEGAL WARRANTIES — QUÉBEC AND CANADA

This conventional limited warranty is in addition to applicable legal warranties and does not replace them.

In Québec, where applicable, the warranties provided under the Consumer Protection Act and the Civil Code of Québec remain in effect.

This Policy shall not be interpreted as eliminating or reducing the legal warranty of quality, reasonable durability, fitness for the purpose for which goods of that kind are normally used, or any other right or remedy that a consumer may not legally waive.

In the other provinces and territories of Canada, mandatory consumer rights and remedies provided by applicable legislation also remain in effect.

17. FINAL SALE, RETURNS AND REFUNDS

17.1 Final Sale

Ladders, accessories and parts are sold on a final-sale basis, subject to rights provided by applicable laws.

No refund, exchange or credit is provided for:

• a change of mind;
• an incorrect size or model selected by the customer;
• a personal preference.

Before purchasing, the customer is encouraged to review the product description, dimensions, specifications, illustrations, User Guide and information regarding the selection of the appropriate ladder size.

The model, height and specifications must be selected according to the user's particular needs.

General information, examples or explanations provided by the Seller do not automatically constitute a personalized recommendation where the Seller does not have all of the information necessary to assess the customer's particular needs.

The final-sale policy does not limit legal warranties or remedies that may be available to a consumer.

17.2 Exceptional Commercial Return

Regardless of rights provided by law, the Seller may, on an exceptional basis and as a voluntary commercial accommodation, agree to accept the return of a product that would otherwise not qualify for return.

Any such exception:

• must be authorized in writing before the return;
• may be subject to an inspection;
• may require the product to be new, unused, clean and complete;
• may be subject to reasonable fees communicated in advance;
• does not modify the general final-sale policy;
• does not automatically establish a precedent.

18. MANUFACTURERS AND BRAND ORIGINS

FALCON

Ladder brand distributed in Canada.

FG

FG ladders are manufactured by Foshan Gaobu Aluminium Ladder Co., Ltd., Foshan, Guangdong, China.

STOKES

Ladder brand of American origin.

FRIGÉRIO

Ladder brand of Italian origin.

CAGSAN

CAGSAN / ÇAĞSAN brand products are manufactured in Turkey.

Specifications, capacities, standards and certifications may vary by model.

Reference to a standard or certification applicable to a specific model does not mean that every model or every brand distributed carries that same certification.

19. GOVERNING LAW

This Policy is governed by the laws of the Province of Québec and the federal laws of Canada applicable therein, subject to any mandatory provisions that may otherwise apply.

No provision concerning governing law or the jurisdiction of a court may have the effect of depriving a consumer of protections or remedies granted by mandatory applicable legislation.

20. PROCESSING AND DECISION REGARDING A CLAIM

Each claim is assessed based on factors including:

• the information and documentation provided;
• proof of purchase;
• the nature of the alleged defect;
• the condition of the product;
• the conditions of use;
• inspection results, where an inspection is required;
• the terms of the applicable warranty;
• applicable laws.

To the best of their knowledge, the customer must provide truthful and complete information and reasonably cooperate with the assessment of the claim.

A claim containing materially false or misleading information may be denied where such information prevents or materially interferes with a reasonable assessment of the claim, subject to applicable laws.

A claim may be accepted or denied depending on whether the established facts demonstrate that the problem is covered by or excluded from the conventional limited warranty.

A decision made under this conventional warranty does not limit any rights or remedies available under applicable laws.

FINAL NOTICE

This Policy sets out the terms and conditions of the conventional limited warranty and official claim procedure applicable to the products concerned.

It does not replace, reduce or exclude any legal warranty or remedy that a consumer may not legally waive.