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Nothing in the agreement shall limit any liability under clause 9 of these terms. 11.6 The Buyer undertakes not to offer the Goods for resale in or any other country other than one to which it has been delivered without the consent of the Seller in writing such consent not to be unreasonably withheld or delayed. 11.4 Unless otherwise agreed in Writing between the Buyer and the Seller, the Goods shall be delivered F.O.B. the air or sea port of shipment and the Seller shall be under no obligation to give notice under Section 32 of the Sale of Goods Act 1979. 11.3 The Buyer shall be responsible for complying with any legislation or regulations governing the importation of the Goods into the country of destination and for the payment of any duties on them. 11.2 Where the Goods are supplied for export from the United Kingdom, the provisions of this clause 11 shall apply notwithstanding any other provision of these Conditions.

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”), 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. Prices are stated and payable in the currenc set forth in the price list; however, sales of Goods in currencies other than the Mexican Pesos shall be based on the applicable official exchange rates for the Mexican Peso published by Mexico’s Central Bank (“Banco de México”) valid on the date of Buyer’s order. The term “Goods” includes, without limitation, raw materials, new parts, spare parts, refurbished or reconditioned parts, components, assemblies, tooling, equipment, other end products and services.

If the Buyer re-sells the Seller’s Goods (whether those Goods are re-sold alone or as part of a manufactured product) before all money payable by the Buyer to the Seller has been paid, the Buyer agrees that it holds the proceeds of the re-sale of the Goods on trust for the Seller as soon as the proceeds are receivable or received. The proceeds must be kept in a separate account. This does not limit the Seller’s rights to proceeds under the PPSA.

The unenforceability of any such term or condition will not affect the enforceability of any other term or condition. This offer may be revoked by Seller at any time before it is accepted by Buyer, and shall automatically expire 30 calendar days after its date if Buyer has not accepted it before then. Neither Buyer’s acceptance of this offer nor any conduct by Seller shall oblige Seller to sell to Buyer any quantity of Goods in excess of the quantity that Buyer has committed to purchase from Seller and Seller has committed to sell to Buyer at the time of such acceptance or conduct.

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The time of payment of the price shall be of the essence of the Contract. 2.7 Acceptance of delivery of the Products or other Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these conditions. 2.6 All orders for Products or other Goods shall be deemed to be an offer by the Buyer to purchase pursuant to these conditions.

This Agreement will be construed under and subject to the laws of Toronto, ON Canada. 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. If Buyer purchases any Goods that require installation or erection, Buyer shall, at its sole cost and expense, make all arrangements necessary to install, erect and operate the Goods. If Buyer is required to install or erect any Goods, Buyer shall install the Goods in accordance with any Seller instructions. Buyer shall indemnify and hold harmless Seller and its Representatives from and against any and all claims, losses, liabilities, damages and expenses (including but not limited to attorneys’ fees and other costs of defense) arising from or otherwise connected with Buyer’s or its agent’s or contractor’s failure to properly install the Goods. Events of Default.

Interest will be charged at the lesser of 18% per year, or the highest rate permitted by applicable law, on accounts more than 30 calendar days past due. Interest shall be computed on a daily basis using a year of 360 days and shall be assessed for the actual number of days elapsed, which interest, in any case, shall be payable upon demand. If production or shipment of completed Goods, or other Seller performance, is delayed by Buyer, Seller may immediately invoice, and Buyer shall pay, the percentage of the purchase price corresponding to the percentage of completion; in addition, Buyer shall compensate Seller for storage of completed Goods pitch the perfect investment or work in process during any such delay, whether stored at Seller’s facility or an independent storage company’s facilities. Buyer shall have no right to set off against the purchase price any amounts Buyer contends Seller may owe to Buyer, irrespective of any alleged warranty claims in respect of the Goods. Without limiting the foregoing, Seller shall neither assume nor incur liability for any injury, including economic injury, to the Buyer or a third party, caused by any negligent operation of the Goods. Physical possession, risk of damage or loss and reward to the Goods shall, subject to section 5, pass to the Buyer at Seller’s Location.

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The parties agree not to disclose information of the kind that can be requested under section 275 of the PPSA. The Buyer must do everything necessary on its part to ensure that section 275 of the PPSA continues to apply. The agreement in this sub-clause is made solely for the purpose of allowing to the Seller the benefit of section 275 and the Seller shall not be liable to the Buyer if the Seller breaches this sub-clause. Where Goods are delivered in instalments, each instalment will constitute a separate Order. Unless the Seller has specifically agreed otherwise in writing, the Buyer agrees that it will not be entitled to terminate any future instalment comprising the Order due to the Seller’s failure to deliver an instalment of Goods.

• All Services shall be inspected and approved by Buyer upon completion.
• The rights and obligations of the parties hereunder shall not be governed by the 1980 U.N.
• The Buyer indemnifies the Seller against any claim, demand or action arising out of or in connection with the Seller exercising its right to enter and repossess its Goods.
• The Buyer agrees that it will not offer the Goods for hire or re-sale in any country other than Australia for Australian Buyers or New Zealand for NZ Buyers without the written consent of the Seller.
• 2.6 All orders for Products or other Goods shall be deemed to be an offer by the Buyer to purchase pursuant to these conditions.
• All notices to be served upon the Buyer shall be deemed to be duly served if left at or sent by ordinary prepaid post to the last known address of the Buyer.

The Seller may assign its rights to a third party without the consent of the Buyer. The Seller may also require a novation of the rights and obligations of the Seller to a third party in connection fusion markets broker with any bona fide business sale or corporate restructure. The Buyer shall not assign any rights or obligations under this contract without the prior written consent of 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 Spanish regulations and, in particular, in the regulations regarding data protection and the LSSICE- Law on Information Society Services and Electronic Commerce. 16.1 No assignment or transfer or purported assignment or transfer of this contract on the part of the Buyer shall be permitted without the prior written consent of the Seller. Death or personal injury caused by negligence; fraud or fraudulent misrepresentation; and breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982 . 12.2 Liability under indemnities.

Prices are stated and payable in the currency set forth in the price list; however, sales of Goods in currencies other than the Euro shall be based on the applicable official exchange rates for the Euro published by Bank of Spain (“Banco de España”) valid on the date of Buyer’s order. Buyer will absorb any exchange rate variations. Prices are exclusive of all federal, state, municipal or other government excise, sales, use, value added, occupational, export, import or like taxes now in force or to be enacted in the future. All of such applicable taxes, levies and duties of any nature whatsoever, are the sole responsibility of Buyer. Formation of Contract.

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Convention on Contracts for the International Sale of Goods, which is hereby excluded. This Agreement will be construed under and subject to the laws of Mexico. All litigation, court actions and other legal proceedings between the parties arising under this Agreement will and must be exclusively held in Mexico City, Mexico, in a court of competent jurisdiction. Unless otherwise agreed to by Seller in writing, the price for Goods sold hereunder shall be Seller’s list price in effect as of the date of Buyer’s order, less any agreed upon discounts or credits to Buyer. Notwithstanding the foregoing, Seller may increase the price of the Goods upon notice to Buyer to reflect any additional increases in Seller’s cost of producing the Goods.

12.6 Exclusion of statutory implied terms. The Seller has given commitments as to compliance of the Goods and Services with relevant specifications in clause 8. In view of these commitments, the terms implied by sections 13 to 15 of the Sale of Goods Act 1979 and sections 3, and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from this agreement. 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. 8.7.1 comply with all laws governmental regulation or orders affecting the operation, use, removal or return of the Goods in the jurisdiction where the Goods are used or sold to by the Buyer.

4.2 In the absence of a written quotation the price for the Goods shall be the Seller’s list price less any discounts or credits agreed. All prices are given by the Seller on an ex works basis, and where the Seller agrees to deliver the Goods otherwise than at the Seller’s premises, the Buyer shall be liable to pay the Seller’s charges for transport, packaging and insurance. Seller may, without Buyer’s consent, assign this Agreement, or any interest, including without limitation, grant a security interest in the Goods. Any assignee may reassign the agreement, or any of them without notice to Buyer, and shall have all of the rights but none of Seller’s obligations under the Agreement.

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Time for delivery shall not be of the essence of the Contract unless previously agreed by the Seller in writing. The Goods may be delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to lexatrade the Buyer. 4.4 The price is exclusive of any applicable value added tax, excise, customs, import or other tax or other governmental imposition whatsoever which the Buyer shall be additionally liable to pay to the Seller.

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. When arranging carriage of the goods, the Seller provides details of the goods to be transported to the carrier, including the weight of the load. The Seller expects all carriers to be familiar with all matters relevant to the safe loading, unloading and carriage of the goods, including any effect that the weight or positioning of the load may have on the axle. The Seller provides its goods for carriage on the basis that carriers will seek guidance from their principal if they have any queries or safety concerns. Unless the Seller receives a request for additional information, it will proceed on the basis that the information provided is sufficient for the carrier to ensure safe loading, unloading and carriage of the goods in compliance with all legal and safety obligations. All descriptions, performance figures, drawings, data, dimensions and weights furnished by the Seller or contained in catalogues, price lists or advertisements provide only a general description of the Goods and shall not form part of these terms and conditions.