GENERAL TERMS
The Terms and Conditions of Sale and Service confirms and constitutes the contract between Vantechs Computers Ltd., VANTECHS hereafter, and the Buyer, governs the rights and obligations of the parties notwithstanding any prior course of dealing custom or usage of sales, course of performance, prior invoice terms and conditions, purchase orders, contracts and agreements. Please always ask a VANTECHS representative for updates on the terms and conditions not outlined on this page. VANTECHS and Buyer hereby agree to the terms on this page:
LIMITATION OF LIABILITY
VANTECHS’ total liability on any and all claims whether on contract, warranty, tort (including negligence), infringement of proprietary rights, or intellectual properties (patent, trade mark, copy right, trade secret…), or arising out of connected with, or resulting from the performance or non-performance of any agreement resulting here from or from the manufacturer, sale, delivery, resale, repair, replacement or use of any good, or the furnishing of any good, or furnishing of any service shall not exceed the purchase price of the good or service that give rise to the claim. VANTECHS is not liable for any indirect, special, exemplary, punitive, consequential, incidental, indirect damages, loss of profits, loss of anticipated profits, goodwill, business opportunities, or harm to reputation, revenue, economic loss, loss of data, loss of use of the product of any associative equipment, cost of capital, cost of substitute or replacement equipment, facilities or services, downtime, spent time, the claims of their parties, injury to property, including but not limited to breach of warranty, breach of contract, tort, negligence, or strict liability even if VANTECHS has been advised of the possibility of such losses or damages regardless of the nature of claim.
MODIFICATIONS
This contract is the complete understanding of the parties and supersedes all prior agreements relating to this sale. This contract cannot be changed, modified, amended, waived, cancelled, or discharged in whole or in part unless so done in writing and signed by both parties. VANTECHS delay or failure to enforce any of its rights here under shall not constitute a waiver.
FORCE MAJEURE
In the event that VANTECHS’ performance is prevented or delayed by strikes, riots, lockouts, war, embargoes, or exceptional impediments to transportation, earthquakes, apocalypse, fire, action by federal, provincial, or local government or authority, action by foreign, acts of God, reduction of sources, or supply, or any cause of circumstance, not limited to the above, which is beyond VANTECHS’ reasonable control, VANTECHS shall not be held liable for the consequences thereof and the obligation to make delivery shall be suspended while the causes are in effect until the resumption of work after termination of the causes. The foregoing shall apply even though one or more of the causes exist at the time of the order or occurrence after VANTECHS’ performance of its obligation is delayed for other causes.
LAW AND JURISDICTION
This agreement shall be constitute and governed by the laws of the province of British Columbia and Canada. If any provision of this agreement is invalid, all valid parts that are severable from the invalid part remain in effect. Buyer here by irrevocable submits to the jurisdiction of any courts of competent jurisdiction within the province of British Columbia and Canada. Buyer agrees to the venue of set courts and nay dispute or legal action arising. From this agreement shall solely be entertained in such courts. Buyer further agrees to (1) service of process by certified or registered mail or personal service or by any manner permitted by the laws of the province of British Columbia and Canada (2) irrevocably waive the defence of inconvenient forum; and (3) irrevocably waive trial by jury.