PRODUCT & SERVICES LIABILITY DISCLAIMER
TERMS OF USE, WARRANTY & LIABILITY WAIVER
CANUS Plastics Inc., located at 2684 Fenton Road, Ottawa, Ontario, Canada K1T 3T2, (herein referred to as “CANUS”) offers its products & services with the terms, conditions and notices as follows:
Terms of Use
This product and/or service is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices obtained.
Exclusive Obligation
This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.
Use Limitation
CANUS makes no warranty, express or implied, with respect to the performance, suitability of fitness for intended use of its products and services in any customer’s application. Each customer should determine the suitability of CANUS products and/or services for the customer’s particular use through appropriate evaluation, testing, and analysis.
Limited Warranty Period
CANUS products and services are warranted against any defective material or workmanship for a period of time specified in writing during the quoting and negotiation process, otherwise no such warranty (verbal) is implied or recognized by CANUS. Any such product and/or determined by CANUS to be defective will be replaced in whole or part as determined solely by CANUS.
Return of Products
Products shall not be returned to CANUS without prior written authorization.
Limitation of Liability
In no event shall CANUS be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of its products and services. Furthermore, CANUS’ liability due to the sale of its products and services is strictly limited to the replacement of said products and services as herein specified and CANUS shall not, in any event, be liable for any damages whether for the loss of use or business interruption or any other claim for incidental, consequential, special, or punitive damages.
Indemnification.
Customer shall indemnify, defend and hold CANUS, and its Officers, Directors, Employees and Agents harmless from any and all claims, loss, damage, expense (including attorney’s fees and court costs), or liability (including liability for patent infringement) arising from (1) any claims made against CANUS by any customer or end user in connection with the delivery or consumption of its services, (2) use of products or materials supplied by CANUS in a manner inconsistent with the terms hereof or in a manner that CANUS could not reasonably contemplate, and over which CANUS exercises no control and (3) all and any other claim, loss, damage, expense (including attorney’s fees and court costs), or liability arising out of any error or omission by the customer or end user in relations to the products and services.
Entire Obligation
This PRODUCT & SERVICES LIABILITY DISCLAIMER document states the entire obligation of CANUS with respect to its products and services, unless expressed in writing in a formal contract signed by an officer of CANUS. If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
General
This disclaimer statement is governed by the Federal laws of Canada and the Provincial laws of Ontario. You hereby consent to the exclusive jurisdiction and venue of these courts of competent jurisdiction in all disputes arising out of or relating to the use of these products and services.
Modification of Terms and Conditions
CANUS reserves the right to change the terms, conditions, and notices under which their products and services are offered at any time without advanced notice. Any updates can be viewed on this page at www.canusplastics.com at any time.