DIVERSITECH D MISTER, Operation & Maintenance Manual

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5. FEES AND CANCELLATION CHARGES
5.1. You will be responsible for any additional charges and fees not expressly included in the Sales Order, including, without limitation, any fees
or charges relating to installation, service calls, consulting, installation, customization, “right-sizing”, engineering, maintenance and/or repair. For
greater certainty, unless expressly provided in the Sales Order, we do not provide you with any form of service with respect to Units, including,
without limitation, installation, repair and maintenance services.
5.2.
In the event that you:
(a) cancel the Sales Order at any time whatsoever, including, without limitation, prior to shipment;
(b) refuse to honour the Sales Order; or
(c) fail to take possession of any Units for any reason whatsoever,
you will be responsible for reimbursement to us of any and all costs, expenses and charges we have incurred to date.
5.3. In the event that:
(a) the Sales Order is for a customized product, including, without limitation, any custom engineered product; and
(b) an event set forth in Section 5.2 hereof occurs,
you will be responsible for payment of the entire amount of the Sales Order in addition to the reimbursement set forth in Section 5.2 hereof.
6. JURISDICTION AND ATTORNMENT
6.1. The interpretation, validity and enforcement of these presents and the Sales Order shall be subject to and governed by the laws of the Province of
Quebec and the laws of Canada applicable therein.
6.2. The parties hereto expressly submit, attorn and consent to the exclusive jurisdiction of the appropriate Court for the District of Montreal,
Province of Quebec, with respect to any controversy arising out of or relating to these presents and the Sales Order, or any supplement hereto
or to any transactions in connection therewith. To the extent permitted by applicable law, you irrevocably waive any objection (including any
claim of inconvenient forum) that you may now or hereafter have to the venue of any legal proceeding arising out of or relating to these presents
and the Sales Order in such courts.
7. GENERAL
7.1. If any provision of these presents or the Sales Order shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability
of the remaining provisions shall in no way be affected or impaired thereby.
7.2. These presents and the Sales Order shall be binding upon and inure to the benefit of the parties’ respective successors and assigns.
7.3. The parties hereto acknowledge that they have requested and are satisfied that the foregoing as well as the Sales Order and all notices, actions
and legal proceedings be drawn up in the English language. / Les parties à cette convention reconnaissent qu’elles ont exigé que ce qui
précède ainsi que le « Sales Order » et tous avis, actions ou procédures légales soient rédigés et exécutés en anglais et s’en déclarent satisfaites.