CUSTOMER TERMS & CONDITIONS

Services, Manner of Performance and Schedule. The Services will be provided using commercially reasonable and diligent efforts, in accordance with Seller’s work order or other written communication to Buyer describing the scope of Services. Seller will determine the method, details and means of performing the Services, and will use reasonably diligent efforts to meet any time schedule provided by Seller in writing.

2.5 These conditions shall apply to all contracts for the sale of all products or other Goods by the Seller to the Buyer to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of order or similar document. Within days of delivery, the Buyer must notify the Seller if it is aware or should reasonably be aware that the Goods do not conform to the Order. The notice must be written and must contain the Order number, the delivery date and reasonable detail of the non-conformity. Failure to give such notice shall constitute an irrevocable acceptance of the Goods by the Buyer.

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Any quotation by the Seller is not and shall not be construed as an offer capable of acceptance or as creating an obligation to sell. It will not use, on-sell or promote the Goods as having any characteristics outside those in the operating manual provided by the Seller. Seller and Buyer hereby agree on the use of electronic data interchange systems, email and any other electronic means to facilitate the purchase and sale transactions of Goods between Seller and Buyer, as long as such systems comply with those requisites set forth by the Mexican Federal Commerce Code. Seller shall determine in its sole discretion the period of time for which it supplies spare parts manufactured by it; provided however, in no event shall Seller be obligated to supply spare parts manufactured by it more than ten years after the cessation of manufacture of the Goods. The supply of spare parts provided is limited to the availabilities of Seller.

2.9 all payment terms are subject to the Seller’s approval of the Buyer’s credit worthiness. Where the Seller is to extend credit such credit is at the Seller’s absolute discretion. In the event that the Seller’s withholds credit then payment shall be due in full prior to delivery of the Goods.

Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller’s prior written consent, and any attempted assignment without such consent will be null and void with no effect or consequence. Any assignee may reassign the agreement, or any of them without notice to you, and shall have all of the rights but none of Seller’s obligations under the Agreement. Buyer may not assign any of its rights, duties or obligations under this Agreement without Seller’s prior written consent, and any attempted assignment without such consent will be void and of no effect or consequence. Prices are stated and payable in the currency set forth in the price list.

In the event Seller provides Buyer a trade package discount with respect to the price for the Goods, the full discount will not be applied unless Seller receives all traded equipment within 30 days of invoicing. The applicable discount will then be reduced by 25% on the 31st encyclopedia of chart patterns review day after invoicing, and by an additional 25% for each 30 days thereafter so that, if all of the equipment is not delivered to Seller within 120 days, the discount will be reduced to zero. Buyer represents it holds such trade-ins free and clear of any liens and encumbrances.

7.4 Until such time as the title in the Goods passes to the Buyer, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller and, if the Buyer fails to do so forthwith, to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods. 7.3 Until such time as the title in the Goods passes to the Buyer, deriv opiniones the Buyer shall hold the Goods as the Seller’s fiduciary agent and bailee, and shall keep the Goods separate from those of the Buyer and third parties and properly stored, protected and insured and identified as the Seller’s. 4.3 The Seller may increase the price of the Goods upon notice to the Buyer to reflect any additional increases in the Seller’s cost of producing the Goods.

Any cargo insurance, manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed on the Goods for any reason whatsoever by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid exclusively by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse in full the same to Seller therefor on demand. In the event Seller is required to pay any such Transfer Tax, Buyer shall reimburse Seller therefor on demand. Any cargo insurance, manufacturer’s tax, occupation tax, use tax, sales tax, excise tax, value added tax, duty, custom, import, inspection or testing fee, or any other tax, fee, interest or charge of any nature whatsoever imposed by any governmental authority on or measured by the transaction between Seller and Buyer shall be paid by Buyer in addition to the prices quoted or invoiced. In the event Seller is required to pay any such taxes or other charges, Buyer shall reimburse Seller therefor on demand.

If Seller is unable to deliver the Goods on or prior to such date, and notifies the Buyer of such fact prior to the Delivery Date, Seller shall not be liable to the Buyer for any damages whatsoever for delayed delivery or nondelivery of the Goods to the Buyer. All applicable Transfer Taxes shall be separately itemized. Governing Law, Jurisdiction and Venue. This Agreement will be construed under and subject to the laws of Spain. All litigation, court actions and other legal proceedings between the parties arising under this Agreement will and must be exclusively held in Barcelona , in a court of competent jurisdiction. The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N.

This document is an offer or counter-offer by Skyjack, Inc. („Seller”) to sell the identified goods and/or services, as applicable (“Goods”) to the Buyer („Buyer”) in accordance with these Terms and Conditions of Sale („Terms and Conditions”). It is not an acceptance of any offer made by Buyer. The term “Goods” includes, without limitation, raw materials, new parts, spare parts, refurbished or reconditioned parts, components, assemblies, tooling, equipment, and any other end products and services. Certain of the Terms and Conditions apply only to particular types of Goods, but only where expressly limited to those type of Goods. All sales by Seller to Buyer are subject to, and are expressly conditioned upon assent to, these Terms and Conditions. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell the Goods on any terms or conditions other than these Terms and Conditions.

ADDITIONAL CONTENT

Certain of the Terms and Conditions apply only to particular types of Goods, but only where expressly limited to those types of Goods. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions and the additional terms and conditions expressly agreed to in a written contract signed by Seller, or contained in Seller’s quotation or order acknowledgement (collectively, the „Agreement”). The Agreement shall be the entire agreement between Seller and Buyer on the subject matter hereof; and there are no conditions to this Agreement that are not expressed herein. Seller hereby objects to any additional or different terms or conditions, and notifies Buyer that Seller is unwilling to sell on any terms or conditions other than these Terms and Conditions. This Agreement will be construed under and subject to the laws of Ontario, Canada.

Neither party shall be liable for any default due to any act of God, war, strike, lockout, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party. 6.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Seller to deliver any one or more of the instalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat the Contract as a whole as repudiated. For Australian Buyers, the Seller acknowledges the Heavy Vehicle National Law creates a shared responsibility for transport safety and compliance.

All litigation, court actions and other legal proceedings between the parties arising under this Agreement will and must be exclusively held in Toronto, ON Canada, in a court of competent jurisdiction. Both parties and their 8 Version 1.0 – January 2017 respective officers, directors and employees hereby submit to personal jurisdiction in Toronto, ON Canada, for all such litigation and waive any rights they may have to contest personal jurisdiction or venue in Toronto, ON Canada, and any claims that such jurisdiction or venue is invalid. Convention on Contracts for the International Sale of Goods, which is excluded.

CUSTOMER TERMS & CONDITIONS

Orders for Goods placed by the Buyer are subject to these terms and conditions. These terms and conditions in conjunction with any applicable credit terms constitute the whole agreement between the Seller and the Buyer. No term or condition contained in the Buyer’s Order will add to, amend or delete these terms and conditions unless expressly preagreed in writing by a duly authorised officer of the Seller.

Sell the Buyer’s Ordered Goods elsewhere and recover from the Buyer any difference between the quoted price and the re-sale price. Non-conformity of part of the Ordered Goods will not, subject to any non-excludable rights of the Buyer under any law, entitle the Buyer to reject all of the Ordered Goods. The Buyer shall immediately upon request by the Seller, procure from any person considered by the Seller to be relevant to its security position such agreements and waivers as the Seller may at any time require. The rights of the Seller under this document are in addition to and not in substitution for Seller’s rights under other law and the Seller may choose whether to exercise rights under this document and/or under such other law as it sees fit. If the Seller agrees to deliver the Goods to the premises of the Buyer and if the Seller contracts with a carrier to do so, delivery of the Goods to the carrier in all circumstances constitutes delivery to the Buyer.

Buyer’s failure to provide written notice of any defects in performance as soon as reasonably practicable will constitute acceptance of Seller’s performance of the Services, shall relieve Seller of any further obligations under the applicable work order, and shall waive any right or remedy of Buyer with respect to the Services or Seller’s performance of the Services. All provisions that are intended by their context or nature to survive termination or expiration of the Agreement shall do so, including without limitation the Sections covering Taxes and Other Charges, Title and Security Interest, Delivery, Remedies, Warranties, Limitation of Liability, Indemnification, Insurance, Technical and Proprietary Information, Assignment, Compliance with Laws, Governing Law, Jurisdiction and Venue, and Cost of Collection. 17.10 Entire Agreement. This Contract constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understanding and agreements between the parties with respect thereto. There are no representations, warranties, terms, conditions, undertakings, or collateral agreements, express, implied or statutory between the parties other than as expressly set forth in this Contract. 10.2 If this clause applies then, without prejudice to any other right or remedy available to the Seller, the Seller shall be entitled to cancel the Contract or suspend any further deliveries under the Contract without any liability to the Buyer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable notwithstanding any previous agreement or arrangement to the contrary.

• As a company committed to safety, the Seller takes reasonable steps in furtherance of its obligations and expects that contractors and third parties that it engages will do likewise.
• Within days of delivery, the Buyer must notify the Seller if it is aware or should reasonably be aware that the Goods do not conform to the Order.
• 11.5 The Seller shall have no liability for any claim in respect of any damage during transit where such transit has been arranged by the Buyer.
• Service Terms – Supplemental Terms.

All payment terms set forth in this document are subject to Seller’s approval of Buyer’s credit where Seller is extending payment credit to Buyer, in Seller’s discretion; and if such approval is withheld, payment shall be due in advance of Seller’s performance. Except as otherwise agreed to by Seller in writing, payment is due upon Buyer’s receipt of Seller’s invoice following shipment. Buyer shall have no right to set off against the purchase price and amounts Buyer contends Seller may owe to Buyer, irrespective of any alleged warranty claims.

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In no case will Seller be liable for any claim for personal injury, death, dismemberment and/or property damage (whether arising out of breach of contract, warranty, tort or under any other theories of law or equity), where the theory of liability is based on the position that the Goods should have exceeded any standards imposed by applicable law. In the event Seller is found liable for any amounts under theory of liability, Seller reserves all rights of subrogation against all other parties bearing any degree of responsibility therefor. Except as provided below, Seller’s liability with respect to the Goods sold hereunder shall be limited to the applicable warranty provided in these Terms and Conditions and, with respect to any other breaches of this Agreement with Buyer, shall not exceed the net contract price paid by Buyer to Seller for the Goods. Seller or its shareholders, partners, officers, Board members, managers, employees, agents, suppliers, distributors, licensees or licensors (collectively, its “Representatives”), shall not be subject to any other obligations or liabilities, whether arising out of breach of contract, warranty, tort or under other theories of law or equity, with respect to Goods sold by Seller, or any undertakings, acts or omissions relating thereto.

Seller provides the Services on an “as is” basis and makes no other warranties, express, legal or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AS TO THE PRODUCT FURNISHED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY,TITLE, QUALITY OR FITNESS FOR ANY PARTICULAR joseph hogue review PURPOSE. Seller provides the Services on an “as is” basis and makes no other warranties, express or implied. SELLER EXPRESSLY DISCLAIMS ANY AND ALL OTHER WARRANTIES AS TO THE PRODUCT FURNISHED HEREUNDER, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES AS TO MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE.