Beaver Electrical Machinery Ltd.

Orders Terms and Conditions

Acceptance by Beaver Electrical Machinery Ltd. (Hereinafter referred to as “ Beaver “) of any order, verbal or written, of the buyer (hereinafter referred to as the “ Customer”), for the manufacture and sale of any goods or the rendering of any services, including any purchase order prepared and submitted by the Customer to Beaver, is expressly subject to the Customer’s consent and acceptance of the terms and conditions of this invoice, together with any other written documents which may be incorporated by specific reference ( hereinafter referred to as the “Terms and Conditions”).

The Customer will be deemed to have consented and accepted these Terms and Conditions upon receipt of this invoice.

ENTIRE AGREEMENT

Both sides of this invoice and the Terms and Conditions herein constitute the entire agreement between the parties.  Any terms and conditions contained in any purchase order or other document or communication sent by the Customer to Beaver which are additional to or different from these Terms and Conditions shall be deemed rejected by Beaver, unless expressly accepted in writing by Beaver.  In general, no modifications, alterations, waiver or change of any kind whatsoever of these Terms and Conditions, or any of Beaver’s rights or remedies thereunder, shall be binding on Beaver unless expressly accepted in writing by an authorized employee or agent of Beaver.

DELAYS OR FORCE MAJEURE

Beaver shall not be liable for any loss or damage as a result of Beaver’s delay in or failure of delivery, installation or provision of goods or services due to any cause beyond Beaver’s reasonable control, including any act of God, act of the Customer, embargo or other government act, authority, regulation, fire, flood, explosion, war, riot, insurrection, strike or other labour disturbance, delay in usual means of transportation, or inability to obtain necessary labour or materials.

In the event any force majeure occurs, Beaver may, at its option, cancel the Customer’s order, in which case Beaver shall be released from all obligations and liability for failure to deliver goods so ordered, or failure to provide services, including, but not limited to, any and all claims on behalf of the Customers for lost profits.

TERMS OF PAYMENT

Terms of payment are net 30 days from the date the Invoice.  Beaver reserves the right to require payment or part payment prior to shipment of the goods or prior to the service being performed. Interest rate of 2% per month (24% per annum) will be charged on all overdue payment.

DELIVERY AND RISK OF LOSS

Unless other wise stated on the face of this invoice Beaver delivers goods at its business premises to the Customer and is not responsible for any costs including vehicle loading or clearing of goods for export.  The Customer bears all costs and risks involved on taking the goods from Beaver’s premises to the destination.

Claims for shortages or other errors in delivery must be made in writing to Beaver within 7days after receipt of shipment and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Customer.  Claims for loss or damage to goods in transit by common carrier must be made to the carrier and not to Beaver.

DUTIES AND BROKERAGE FEES

Unless otherwise stated on the face of this invoice customs duties and brokerage fees shall be borne by Customer.

WARRANTY

BEAVER MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, IN RESPECT TO ANY OF THE GOODS OR SERVICES COVERED BY THIS INVOICE EXECPT AS EXPRESSLY STATED HEREIN.

Beaver warrants that the goods manufactured or sold by it and covered by this Invoice are free from all defects in materials, workmanship or installation for a period of 12 months from date of shipment.

In the event of any of the goods supplied under this Invoice are found defective or non-conforming within the warranty period specified above, and any such defects are proven to Beaver’s satisfaction, Beaver will, at its option, repair or replace any such defective goods or will refund the purchase price to the Customer.  Beaver’s sole obligation and the Customer’s sole remedy under this warranty shall be limited to such defect claim within 7 days after such defect was first discovered or by reasonable care to have discovered by the Customer.  The Customer will be liable for all transportation costs in transporting the defective goods to and from Beaver’s premises or other point designated by Beaver.

THE WARRANTIES PROVIDED HEREIN AND THE OPBLGATION OF BEAVER THEREUNDER ARE IN LIEU OF, AND THE CUSTOMER HEREBY WAIVES, ALL OTHER WARRANTIES, CONDITIONS OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS THE IMPLIED WARRANTIES OF MERCAHNTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WEATHER OR NOT OCCASIONED BY BEAVER’S NEGLIGENCE.

LIMITATION OF LIBILITY – CONSEQUENTIAL DAMAGES

Beaver’s liability in the event of goods proven to its satisfaction to be defective within the warranty period stated herein shall be limited to repair, replacement or refund of the defective goods only as provided for in Clause 6 hereof, and in no event shall Beaver’s liability exceed the original unit purchase price of the goods involved.

Beaver shall not be subject to any other liabilities, weather arising out of breach of contact (including fundamental breach of this contract), warranty or tort (including negligence) with respect to equipment sold or services rendered by Beaver, or any undertakings, acts or omissions relating thereto.  Beaver specifically disclaims any liability for property or personal injury damages, damages for lost profit or revenues or for any other types of economic loss.

NOTWITHSATANDING ANY OTHER PROVISION CONTAINED HEREIN OR ANY APPLICABLE STATUTORY PROVISIONS, BEAVER SHALL NOT BE LIABLE TO THE CUSTOMER FOR ANY CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES OR DAMAGES FOR LOSS OF USE ARISING DIRECTLY OR INDIRECTLY FROM ANY DEFECTIVE GOODS OR SERVICES RENDERED BY BEAVER.

ASSIGNMENT

The Customer shall not assign any of its rights with respect to the goods or services rendered under this Invoice, without Beaver’s prior written approval.

GOVERNING LAW

The laws of the Province of British Columbia shall apply to and govern the validity, interpretation and enforcement of this Invoice, and any proceeding taken by Beaver in respect thereof may be taken in the courts of the Province of British Columbia and the Customers agrees to attorn thereto.

E-mail: info@beaverelectrical.com