31
3. FREIGHT CLAIMS
3.1 Shipments must be inspected by you upon arrival. All Units are sold ex-plant. Therefore, it is the receiver’s responsibility to file any freight claims with the carrier
for obvious or concealed damages. Damaged shipments must be refused at the time of receipt.
4. RETURN MATERIAL POLICY
4.1 Prior to the return of material, for whatever reason, a return merchandise authorization number (“
RMA#
”) is required from our customer service department.
This procedure is necessary for proper control and handling of returned materials. Call
1-800-361-3733
or email
to obtain a RMA #.
Credit will be given for returns for warranty repair or replacement. It is the shipper’s responsibility to ensure that material being returned to us is adequately packaged
for shipment in order to prevent damages.
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 at 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 at 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 here
after 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.
Summary of Contents for Typhoon TY-10000
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