R16 122016
17
LEGAL FEES
If a suit or action is brought by any party under this Contract to enforce or interpret any of its terms or in any appeal
therefrom, it is agreed that the prevailing party shall be entitled to reasonable legal fees to be fixed by the trial court and/or
appellate court. Customer shall be responsible for any and all costs of collection incurred by Dynamix in connection
herewith, including legal fees and costs.
JURISDICTION / VENUE
These Delivered Terms will be governed by and construed in accordance with the laws in force in the Province of British
Columbia and the federal laws of Canada, as applicable therein, without regard to its conflict of laws principles. The
Parties agree to attorn to the exclusive jurisdiction of the courts of British Columbia.
GENERAL MATTERS
Any assignment of these Delivered Terms will be void without the other party’s prior written consent, which will not be
unreasonably withheld. Dynamix may hire subcontractors or use its affiliates to perform the obligations under this
Agreement. If any part of these Delivered Terms are found invalid, the remaining part will be effective. No waiver,
alteration or modification of any of the provisions of these Delivered Terms will be binding on Dynamix, unless made in
writing and signed by a duly authorized officer of Dynamix. These Delivered Terms, the Quotation and its attached terms
and conditions, and any other terms referenced in the Quotation contain the entire agreement of the parties.
Warranty
Dynamix warrants to the Customer that the Product will perform substantially in accordance with the features and Solution
Assurance as set out in the Quotation and be free from defects in materials and workmanship under normal use.
We warrant that we will modify, repair or replace the Product provided to the Customer, at Our sole discretion and at no
charge, Ex Works (Incoterms 2000) Dynamix plant, if the Product is defective in materials or workmanship under normal
use.
WE DO NOT GUARANTEE THE PRODUCTS AGAINST CHEMICAL OR ABRASIVE ATTACK OR OTHER
DETERIORATION DUE TO EXPOSURE.
THE FOREGOING WARRANTIES EXTEND ONLY FOR 12 MONTHS AFTER FIRST INSTALLATION OF THE
PRODUCT AT CUSTOMER’S FACILITY OR FOR 18 MONTHS AFTER ITS SHIPMENT FROM DYNAMIX’S PLANT,
WHICHEVER PERIOD IS SHORTER, OR AS OTHERWISE STATED IN WRITING BY DYNAMIX.
EXCEPT AS EXPRESSLY PROVIDED IN THE AGREEMENT, WE EXPRESSLY DISCLAIM AND MAKE NO EXPRESS
OR IMPLIED REPRESENTATIONS, CONDITIONS, GUARANTEES OR WARRANTIES OF ANY KIND, ORAL OR
WRITTEN, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, NON-INFRINGEMENT, INTER-OPERABILITY OF PRODUCTS, USAGE, CUSTOM OR
TRADE, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON THE PART OF DYNAMIX. THE ABOVE
WARRANTIES SHALL NOT APPLY TO FAILURES RESULTING FROM (A) NORMAL WEAR AND TEAR, (B)
ACCIDENT, NEGLIGENCE, ALTERATION, ABUSE, MISUSE OR USE INCONSISTENT WITH ANY INSTRUCTIONS
PROVIDED AS TO STORAGE, HANDLING, MAINTENANCE, LUBRICATION, INSTALLATION, STARTUP,
OPERATION AND SAFETY, (C) IMPROPER INSTALLATION AND/OR (D) INACCURATE AND/OR INCOMPLETE
SPECIFICATIONS, DESIGN CONDITIONS OR OTHER DATA FURNISHED BY OR ON BEHALF OF CUSTOMER. WE
MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO ACCESSORIES OR PARTS NOT SUPPLIED BY
DYNAMIX.
Summary of Contents for ITM Series
Page 22: ...R16 122016 20...