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Terms and Conditions

The following terms and conditions shall govern the sale by RCR Systems Limited (hereinafter "Seller") of orders for Viesa Cab Coolers and/or Viesa parts (hereinafter "Product") sold to Customers. Certain additional terms may accompany the Product and shall apply.

By using viesa.ca to make on-line purchases of the Products, as defined herein, Customer agrees to be bound by and accepts these Terms and Conditions (referred to throughout as "Terms and Conditions").

Seller reserves the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at Seller's sole discretion.

"Customer" means any person ordering products from the Seller's web site.

QUOTES; ORDERS; PAYMENT TERMS
Subject to the terms contained in this section, any quotation provided by the Seller will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours.

Although Seller strives to provide accurate product and pricing information, errors or misprints may occur. Seller cannot confirm the price of a Product until after you order the Product. Notwithstanding anything contained in this section, in the event that a Product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Seller shall have the right, at its sole discretion, to refuse or cancel any orders, or part of an order placed or subsequently processed by Seller for that Product and terminate the purchase agreement without further liability. In the event that a Product is priced in error or a Product information error occurs, Seller may, at its sole discretion, contact you for instructions, cancel your order and notify you of such cancellation, terminate the purchase agreement and/or correct the error on its web site.

Payment shall be made by credit card or some other pre-arranged method of payment acceptable to the Seller. Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and Seller shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.

For the installation of Products, Seller may refer customer to an independent third party service provider to perform such installation. Any referral provided by Seller is not an endorsement or guaranty of the service provider's services. Customer will be subject to and bound by the service provider's own terms and conditions.

PRODUCT AVAILABILITY
Product availability may be limited. Products ordered may not be available for immediate delivery. Seller reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there are any revisions to or cessation of Products, Seller may, with Customer's consent, ship Products which have similar functionality and specifications to the Products originally ordered. Customer will be given the opportunity to either reject or accept the substitute Product and price for the substitute Product which may differ from the price of the original Product.

PRICES, SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES
Products shipped may not be re-routed by customer. Prices quoted do not include charges for shipping and handling and applicable federal and provincial taxes. Shipping cost is the cost of shipping plus handling costs and insurance costs. Separate charges for shipping costs, federal and provincial taxes if applicable will be shown separately on the invoice.

Customer is responsible for all sales, goods and services, harmonized sales, duties and other taxes associated with the order. Unless Customer provides the Seller with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Seller's acceptance of the order, the customer is responsible for sales and other taxes associated with the order, however designated. If applicable, a separate charge for taxes will be shown on Seller's invoice.

PRODUCTS
Seller may revise and discontinue Products shown on its website at any time. Seller will ship Products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalog are possible.

TITLE AND RISK OF LOSS OR DAMAGE; DELIVERY
Title in the Product and risk of loss shall pass to Customer and acceptance will occur upon delivery to the "ship to" address or, if special shipping arrangements are agreed to, upon delivery to Customer's carrier or designee.

Any delivery or shipment dates given by Seller are estimates only and Seller is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.

RETURN POLICIES
Defective Products under warranty may be returned for a replacement if all of the terms and conditions below are followed:
* All eligible returns require prior authorization by Seller (call 1-888-438-8444) to first get authorization to return (RMA), and Customer must then return the Product within 10 calendar days of being issued the RMA.
* Seller reserves the right to inspect returns.
* Product must be returned with all shipping and insurance charges pre-paid.
* After receipt and inspection of the Product returned in compliance with all of the above terms, a replacement new Product will be shipped to the Customer.

LIMITED WARRANTY ON PRODUCTS
Seller Limited Warranty statement is available for you to read prior to purchase here
. Seller reserves the right to modify its warranty statement at any time, in its sole discretion. Warranty is only valid upon Seller's receipt of payment in full for the Product to be warranted.

EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, SELLER MAKES NO OTHER WARRANTIES OR CONDITIONS AND THE WARRANTY STATEMENT IS IN LIEU OF ALL OTHER WARRANTIES, REPRESENTATIONS, PROMISES, OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SELLER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS NOT STATED IN THE PRODUCT'S LIMITED WARRANTY STATEMENT. ANY IMPLIED WARRANTIES AND CONDITIONS THAT MAY BE IMPOSED BY LAW ARE LIMITED IN DURATION TO THE APPLICABLE WARRANTY PERIOD.

TO THE EXTENT ALLOWED BY LOCAL LAW, SELLER'S LIABILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE LIMITED WARRANTY STATEMENT.

EXCLUSION AND LIMITATION OF LIABILITY
FOR ANY BREACH OF THESE TERMS AND CONDITIONS, SELLER'S SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.

IN NO EVENT WILL SELLER BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO EXPENDITURES, INVESTMENTS, COMMITMENTS OR LOST PROFITS) ARISING FROM ANY CLAIM OR ACTION, INCIDENTAL OR COLLATERAL TO, OR DIRECTLY OR INDIRECTLY RELATED TO THE PURCHASE OF THE PRODUCTS HEREUNDER, WHETHER SUCH CLAIM IS BASED IN CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY.

SELLER SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE, DIRECTLY OR INDIRECTLY, TO MATTERS BEYOND THE CONTROL OF THE SELLER INCLUDING, BUT NOT LIMITED TO, THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY LABOUR DISPUTE OR ACT OF GOD.

GOVERNING LAW AND JURISDICTION
These Terms and Conditions shall be construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein without regard to principles of conflict of law. Without limiting the foregoing, Customer and Seller irrevocably and unconditionally: (a) agree that any suit, action, or other legal proceeding arising out of or relating to these Terms and Conditions or any transaction hereunder must be brought in the Ontario Superior Court of Justice, in the city of Toronto, (b) consents to the exclusive jurisdiction of such court in any such suit, action or proceeding; (c) waives any objection to the laying of the venue of any such suit, action or proceeding in any such courts; and (d) waives any right that it may have to assert the defence of forum non-conveniens in any such suit, action or proceeding.

EXPORT CONTROL
By accepting this agreement you confirm that you are not located in (or a national resident of) any country under Canadian or U.S. Economic embargo or sanction, not identified on any U.S. Department of Commerce Denied Persons List, Entity List of proliferation concern or Canadian equivalent, on the US State Department Debarred Parties List or Treasury Department Designated Nationals exclusion list or any Canadian equivalent, and not directly or indirectly involved in the financing, commission or support of terrorist activities or in the development or production of nuclear, chemical, biological weapons or in missile technology programs as specified in the U.S. Export Administration Regulations (15 CRF 744) and hardware, technology, or services may not be exported, re-exported, transferred or downloaded to any such entity.

NO ASSIGNMENT
Customer may not assign its rights or obligations under this Agreement without the express written consent of Seller.

INVALIDITY OF PROVISIONS
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

GENERAL
Products are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems or facilities. Seller is not responsible for delay or failure to perform due to causes beyond its reasonable control.

These Terms and Conditions supersede any preprinted terms on Customer's orders and any previous written or oral communications or representations by either party related to the Products and may not be amended by Customer without prior written consent of Seller. Any Customer site access requirements shall not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms and Conditions.

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