Product Info

TERMS OF SALE
The Buyer or end-user who purchases the Product assumes all responsibility and liability for loss or damage resulting from the handling or use of
the Product. Seller?s liability on any claim, whether in warranty, contract, negligence, or any other legal theory, for loss, damage or injury arising
directly or indirectly from or in relation to the use of the Product shall in no event exceed the purchase price of the Product which gave rise to the
claim. IN NO EVENT SHALL SELLER BE LIABLE FOR PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER FORSEEABLE OR
NOT INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR REVENUES, LOSS OF USE OF GOODS, OR LOSS OF BARGAIN.
6. Export Control/Use of Products
Buyer certifies that it will be the recipient of Products to be delivered by Seller. Buyer acknowledges that the Products are subject to the export
and/or import control laws and regulations including those of Canada and, where applicable, the United States and the country in which Buyer is
located. Buyer agrees that it shall, at the request of the Seller, provide end-user documentation and certification and that it shall otherwise strictly
comply with all export laws of Canada, the United States and the country in which Buyer is located and assume sole responsibility for obtaining
licenses and/or permits to export, re-export or import as may be required. The Buyer agrees that it shall not directly or indirectly export any
Products to any country to which such export or transmission is restricted or prohibited.
7. Technical Assistance or Advice
Technical assistance or advice offered by Seller in regards to the use of any Product or in connection with Buyer?s purchases may be given free of
charge and only as an accommodation to Buyer. The Seller reserves the right to charge for Technical assistance or advice at its discretion and shall
have no obligation to provide any technical assistance or advice to Buyer and if any such assistance or advice is provided, it is provided at the
Buyer?s own risk, without liability or responsibility on behalf of the Seller and such fact will not obligate Seller to provide any further or additional
assistance or advice. No statement made by any of Seller?s representatives in connection with the Products constitute a representation or
warranty, express or implied.
8. Limitation Period
Notwithstanding any terms and condition of sale and subject at all times to any of the limitations expressed in the Limited Warranty, no action by
Buyer may be brought at any time for any reason against Seller or the manufacturer more than twelve (12) months after the facts occurred upon
which the cause of action arose.
9. Governing Law and Dispute Resolution
This Agreement shall be governed exclusively by the laws of the Province of British Columbia, Canada, excluding rules of international law that
would result in the application of the laws of any other jurisdiction. The United Nations Convention on Contracts for the International Sale of
Goods (1980) does not apply to this Agreement. If Buyer?s principal place of business is located within Canada, the parties hereby irrevocably
attorn and submit to the exclusive jurisdiction of the Supreme Court of British Columbia sitting at Victoria, British Columbia, Canada in respect of
all disputes arising under or in respect of this Agreement. If Buyer?s principal place of business is located outside of Canada, then all disputes
arising out of or in respect of this Agreement shall be determined by arbitration administered by the International Centre for Dispute Resolution in
accordance with its International Arbitration Rules. The number of arbitrators shall be one. The place of arbitration shall be Victoria, British
Columbia, Victoria, Canada. The language of the arbitration shall be English
10. Force Majeure
The Seller shall not be liable for its inability to secure sufficient quantities of any Product or failure to deliver due to causes beyond Seller?s
reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product,
acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire,
strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products
through its regular sources, all of which shall be considered as an event of force majeure excusing Seller from performance and barring remedies
for non-performance. In the event of a force majeure condition, the Seller?s time for performance shall be extended for a period equal to the time
lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the
remaining performance, without any liability or penalty, by giving notice of such cancellation to Buyer.
11. M iscellaneous
If any part of this Agreement is invalid, all other parts of this Agreement remain enforceable. This Agreement is the entire agreement between
Seller and Buyer regarding its subject matter. All prior agreements and communications, whether verbal or written, are of no legal effect. This
Agreement enures to the benefit of and is binding upon Seller and Buyer and our respective heirs, executors, administrators, successors and
permitted assigns.
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