4.
The Customer will incur all risk of loss, theft or damage to the Products during shipment to
Unique Concepts and during their subsequent return to the Customer. Without limiting the foregoing, the
common carrier chosen by Unique Concepts to return the Products to the Customer will be deemed to be
an agent of the Customer.
5.
If, on its inspection of any Products returned to it by the Customer, Unique Concepts determines
that such Products require maintenance or repairs which are outside the scope of its warranty obligations.
Unique Concepts may contact the Customer with a view to obtaining authorization (which may be written
or oral) to complete such maintenance or repairs at rates then customarily charged by Unique Concepts
to its customers. The Customer hereby releases and indemnifies Unique Concepts, together with its
directors, officers, agents, employees, successors and assigns, and anyone else who has been involved
in the inspection of the Products returned by the Customer, from all claims, losses, expenses and
damages (including damages for loss of business profits, business interruption, loss of business
information, loss of health or for any other loss whatsoever) arising directly or indirectly, as a result of the
failure by Unique Concepts to perform or adequately perform any maintenance or repairs which are
outside the scope of its warranty obligations hereunder, whether or not resulting from any negligent or
improper inspection of such Products, or from the failure of the Customer to authorize the performance of
such maintenance or repairs.
6.
THE WARRANTY SET OUT HEREIN IS THE ONLY WARRANTY OF ANY KIND, EITHER
EXPRESS OF IMPLIED, STATUTORY OR OTHERWISE (INCLUDING BUT NOT LIMITED TO THE
IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE)
THAT IS MADE BY UNIQUE CONCEPTS. WITHOUT LIMITING THE GENERALITY OF THE
FOREGOING, UNIQUE CONCEPTS DOES NOT WARRANT THAT THE PRODUCTS WILL MEET ALL
REQUIREMENTS OF ALL APPLICABLE LAWS, REGULATIONS OR OTHER ENACTMENTS
APPLICABLE IN EACH JURISDICTION IN WHICH THEY MAY BE USED OR STORED, OR THE
REQUIREMENTS OF THE CUSTOMER.
7.
NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY UNIQUE CONCEPTS, ITS
DEALERS, DIRECTORS, OFFICERS, DISTRIBTORS, AGENTS OR EMPLOYEES SHALL CREATE A
WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS LIMITED WARRANTY, AND THE
CUSTOMER MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
8.
THE CUSTOMER AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED UNDER
APPLICABLE LAW, NEITHER UNIQUE CONCEPTS NOR ITS DEALERS, DIRECTORS, OFFICERS,
DISTRIBUTORS, AGENTS OR EMPLOYEES, OR ANYONE ELSE WHO HAS BEEN INVOLVED IN THE
CREATION, PRODUCTION OR DELIVERY OF THE PRODUCTS, WILL BE LIABLE FOR ANY DIRECT,
INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF
BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, LOSS OF
HEALTH OR ANY OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE OR INABILITY TO USE
SUCH PRODUCT, EVEN IF UNIQUE CONCEPTS HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
9.
The Customer is not entitled to assign this Limited Warranty to any party. To the maximum
extent permitted under applicable law, and at its sole discretion, Unique Concepts is entitled to assign its
obligations hereunder to any third party.
10.
This Limited Warranty is governed by the laws of the Province of Manitoba and will benefit
Unique Concepts and its successors and assigns.
II
