PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.

This Agreement contains the terms and conditions that apply to your purchase from the Used CaseXchange, a Canadian Corporation ("UCX", "our" or "we") that will be provided to you ("Customer") on orders for used transit cases and/or other products and/or services and support sold in Canada. By accepting delivery of the used case, other products and/or services and support described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.

These terms and conditions apply unless the customer has signed a separate purchase agreement with UCX, in which case the separate agreement shall govern.

These terms and conditions are subject to change without prior written notice at any time, in UCX's sole discretion.

1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and UCX, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and UCX.

2. Governing Law. This agreement and any sales thereunder shall be deemed to have been made in the province of Ontario and shall be construed and interpreted according to the laws of the province of Ontario and the applicable laws of Canada.

3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within UCX's sole discretion, and unless otherwise agreed to by UCX, payment must be received by UCX prior to UCX's acceptance of an order. Payment for the products and services and support may be made by credit card, unless credit terms have been agreed to by UCX. If credit terms have been agreed to by UCX, invoices are due and payable within thirty (30) days after the date of the invoice. UCX may invoice parts of an order separately. Orders are not binding upon UCX until accepted by UCX. Any quotations given by UCX will be valid for the period stated on the quotation. Customer agrees to pay interest on all amounts past due at a rate of one and one half percent 1.5% per month (19.56% per year).

4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides UCX with a valid and correct tax exemption certificate applicable to the product ship-to location prior to UCX's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order. If applicable, a separate charge for taxes will be shown on the invoice.

5. Title; Risk of Loss. Title to products passes from UCX to Customer on shipment from UCX's facility. Loss or damage that occurs during shipping is UCX's responsibility.  Ship dates are estimates only. UCX is not liable for delays in shipment or failure to ship by the estimated ship date.

6. Warranties. All UCX-branded products are sold as used and accordingly are not covered by any express warranty. UCX warrants that products are serviceable to the extent described on an item by item basis, in the 'condition' description section of the website.

7. Return Policies. UCX products may be returned within 30 days of purchase for a refund of purchase price. The customer must prepay return shipping charges and insure the shipment or accept the risk of loss or damage during shipment. Shipping and handling charges will not be refunded and all returns are subject to a fifteen percent (15%) restocking fee.

8. Limitation of Liability. UCX (including UCX's parents, affiliates, officers, directors, employees or agents) does not accept liability beyond the remedies set forth herein, including any liability for products not being available for use, or the provision of services or support. UCX will not have any liability for any damages arising from the use of the products in any high risk activity, including, but not limited to, the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, medical systems, life support or weapons systems. UCX will not be liable for lost profits, loss of business, or other incidental, indirect, consequential, special or punitive damages, even if advised of the possibility of such damages, or for any claim by any third party except as expressly provided herein.

Customer agrees that for any liability related to the purchase of products or services, UCX is not liable or responsible for any amount of damages above the aggregate dollar amount paid by customer for the purchase of products and/or services under this agreement.

The foregoing limitations apply regardless of the cause or circumstances giving rise to such loss, damage or liability, even if such loss, damage or liability is based on negligence or other torts or breach of contract (including fundamental breach or breach of a fundamental term).


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