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MOD Live User Manual
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Version 1.1
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© 2012 Recon Instruments Inc
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All rights reserved
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www.reconinstruments.com
(British Columbia) and any amendments thereto, and the determination of such arbitrator will be final and binding
upon You and Recon. The arbitration will be conducted in the English language. A judgment on the award of the
arbitrator may be entered into any court having jurisdiction over the party or parties against whom an award may
be issued and each of You and Recon agrees to and hereby waives any defences against the enforceability and
execution of any such judgment awarded by the arbitrator as contemplated in this Limited Warranty. Judgment
on the award of an arbitrator may be entered by any court having jurisdiction over the person or property of the
person against whom enforcement of the judgment is sought. Where arbitration is prohibited by applicable laws,
you and Recon hereby agree to the exclusive jurisdiction of the courts of the province of British Columbia, Canada
with respect to any Disputes relating to this Limited Warranty.
b.
Any arbitrator will be appointed, pursuant to Subsection 9(a) above, by agreement between You and Recon
or, in default of agreement, such arbitrator will be appointed by a Judge of the Supreme Court of British Columbia
sitting in the Courts of Vancouver, upon the application of either such party.
c.
In any arbitration proceeding between You and Recon, it is agreed that the parties will be entitled to discovery
to the same extent permitted by the Supreme Court of British Columbia as if the matter were being adjudicated in
such Court.
d.
You hereby waive all rights to a trial by jury with respect to any claims and issues relating to or arising out of
this Limited Warranty.
10.
Attornment.
You waive (a) any right to object to venue or jurisdiction based on inconvenient forum or for any
other reason; and (b) any statutory or other right pursuant to the laws of the jurisdiction in which the You are resident
to have a court case or arbitral hearing relating to this Limited Warranty adjudicated or resolved in that jurisdiction.
Any rule of interpretation, law or regulation that provides that the language of a contract will be interpreted against
the drafter will not apply to this Limited Warranty.
11.
Governing Law.
This Limited Warranty will be governed by and interpreted in accordance with the laws of the
Province of British Columbia and the federal laws of Canada as if made and performed by and between parties situate
in such province and without regard to the conflict of law rules that would apply a different body of law.
12.
Severability.
Each provision of this Limited Warranty is declared to be a separate and distinct promise
and to be separable from all other such separate and distinct promises. If any promise, provision or part thereof
is determined by a court of competent jurisdiction or other constituted legal authority to be void, unenforceable
or unreasonable in whole or in part, it will not be deemed to affect or impair the enforceability or validity of any
other promise or provision in this Limited Warranty or any part thereof and the said court or other constituted legal
authority will have the authority to limit such promise or provision as it deems proper.
13.
Waiver.
The failure by Recon to insist on strict compliance with any provision of these terms and conditions
will not be deemed to be a waiver of such provision, and a waiver of any provision of these terms and conditions at
any one time or times will not be deemed to be a waiver for any other time. The failure of Recon to assert its rights
in a timely fashion for any of its rights or remedies under these terms and conditions will not be interpreted as a
Warranty information
