Seller’s liability to buyer, whether in contract, in tort, under any warranty, in negligence or otherwise, shall not exceed in any case the return of the amount of the purchase price paid by buyer and under no circumstances shall seller be liable for special, in direct or consequential damages. The price stated for the goods is consideration for limiting seller’s liability. No action, regardless of form, arising out of the transactions under this invoice may be brought by buyer more than 45 days after the date of this invoice. Without limitation of the foregoing, in no event will seller be responsible or liable for (a) penalties or penalty clauses of any description, or (b) indemnification of buyer or others for costs, damages or expenses arising out of or related to the goods after use.
Seller’s acceptance of buyer’s purchase order is expressly made conditional on buyer’s acceptance of the following terms and conditions of sale, which are in lieu of any additional or different terms contained in buyer’s purchase order or other document or communication pertaining to buyer’s order or the goods. Buyer’s assent to the terms and conditions contained in this document shall be conclusively presumed from buyer’s acceptance of all or any part of the goods or from payment by buyer for all or any part of the goods. None of these terms and conditions may be added to, modified, superceded or otherwise altered, except by a written instrument signed by an authorized executive of seller. Failure of seller to object to any terms or conditions which may be contained in any document or form of buyer shall not be construed as a waiver of these conditions, nor as an acceptance of any such terms and conditions.
Orders accepted by the seller are subject to cancellation only upon written consent of the seller. Upon such cancellation and consent seller shall cease work and hold buyer for all or partial work completed for the sale or and the work in progress. Buyer shall pay the seller for all the work and materials that have been committed to and or identified to buyer’s order. In addition a restocking fee of 25% will be applicable on the buyer.
All containers need to be tried before final packing of products.
All disputes will adjudicated under the jury of Provincial Court of British Columbia.