TERMS AND CONDITIONS SKYJACK - Flipbook - Page 7
in Toronto, ON Canada, in a court of competent jurisdiction. Both parties and their 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. The rights and obligations of the parties hereunder shall not be governed by the 1980
U.N. Convention on Contracts for the International Sale of Goods, which is excluded.
20. No Waiver. No waiver of this Agreement or any of its provisions is valid unless expressly
agreed to in a writing signed by Seller. No waiver by Seller of any default under this
Agreement is a waiver of any other or subsequent default. The failure of Seller to insist upon
strict and timely performance of any term or condition of this Agreement shall not be deemed a
waiver of any right or remedy that Seller may have under this Agreement or at law or equity,
and shall not be deemed a waiver of any subsequent default in performance of the terms and
conditions of this Agreement.
21. Cost of Collection. In the event legal action is necessary to recover monies due from Buyer
or to enforce any provision of this Agreement, Buyer shall be liable to Seller for all costs and
expenses associated therewith, including, without limitation, Seller's actual attorneys' fees and
costs.
22. Spare Parts. 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 (10) years after the cessation
of manufacture of the Goods. The supply of spare parts provided is limited to the availabilities
of the Seller.
23. Survival; Severability. 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. Any term or condition that is declared unlawful or unenforceable by a court
of competent jurisdiction will not apply. The unenforceability of any such term or condition
will not affect the enforceability of any other term or condition.
24. Notice. All notices, requests, demands and other communications related to this Agreement
shall be in writing and shall be deemed to have been duly given: (a) on the date if personally
delivered, (b) on the date of transmission if sent via facsimile or electronic mail, provided
receipt of transmission is obtained, (c) one business day after deposit with an overnight courier,
or (d) 5 business days after mailing by first class mail, registered or certified, and properly
addressed to the parties at the addresses set forth on the face hereof.
25. Service Terms – Supplemental Terms. In addition to being governed by these Terms and
Conditions, each order for the purchase of training, service or other calls by Seller’s employees,
agents or representatives shall be governed by Seller’s Supplemental Service Terms which are
attached hereto as Appendix A, and made available through links provided on Seller’s website
at http://skyjack.com (the
