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  1. APPLICATION OF TERMS AND CONDITONS OF SALE The following terms and conditions shall govern the sale of HP Products by FoxNet Inc. (“FoxNet” or “Seller”) of orders for computer systems and/or related products and/or standard services (hereinafter “Product”) sold to Customers located in Canada. By using FoxNet to make purchases of the Products, as defined herein, Customer agrees to be bound by and accepts these Terms and Conditions of Sale (referred to throughout as “Terms and Conditions”). FoxNet reserves the right to add, delete or amend these Terms and Conditions without prior written notice at any time, at FoxNet’s sole discretion. “Customer” means any person ordering products from FoxNet. “HP Products” means any hardware, software or services supplied by HP that is branded with the HP or Compaq trademark sold through FoxNet. “Third Party Products” refers to hardware, products or software supplied by FoxNet under the brand name of a third party sold by FoxNet “Products” means collectively both HP and Third Party Products sold through FoxNet.
  2. QUOTES; ORDERS; PAYMENT TERMS Subject to the terms contained in this section, any quotation provided by FoxNet will be valid for the duration stated in the quotation. If no duration is stated, such quotation will be valid for 48 hours. Although FoxNet strives to provide accurate product and pricing information, errors or misprints may occur. FoxNet cannot confirm the price of a Product until after you order the Product. Notwithstanding anything contained in this section 2, 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, FoxNet shall have the right, at our sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is priced in error or a Product information error occurs, FoxNet may, at our sole discretion, contact you for instructions or cancel your order and notify you of such cancellation. Orders are not binding on FoxNet until accepted by FoxNet. FoxNet’s acceptance of an order is evidenced by return e-mail from HP indicating that Customer’s order has been accepted. Payment shall be made by cheque, credit card (services fees apply), or electronic funds transfer. Customer shall pay invoices within thirty (30) days from the date of the invoices. If payment is not received by FoxNet by the due date, the Customer shall pay a financing charge of 1.5% for each month or portion thereof during which payment remains outstanding.
  3. PRODUCT AVAILABILITY Product availability may be limited. Products may not be available for immediate delivery. FoxNet reserves the right, without liability or prior notice, to revise or cease to make available any or all Products. If there is any revision to or cessation of Products, FoxNet 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. Product substitutions will not be available for Factory Outlet purchases.
  4. PRICES, SHIPPING AND HANDLING CHARGES AND APPLICABLE TAXES FoxNet will only ship to Canadian locations. Prices quoted do not include applicable federal and provincial taxes. Separate charges for shipping and handling will be shown on the invoice if applicable. Customer is responsible for all sales, use, goods and services, harmonized sales, and other taxes associated with the order. Unless Customer provides FoxNet with a valid and correct tax exemption certificate applicable to the product ship-to location prior to FoxNet’s acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order, however designated, except taxes on FoxNet’s net income. If applicable, a separate charge for taxes will be shown on FoxNet’s invoice.
  5. PRODUCTS FoxNet supplies HP Products under HP’s policy HP’s policy is one of on-going product update and revision. HP may revise and discontinue Products at any time. HP 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. The parts and assemblies used in building HP Products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned.
  6. DELIVERY FoxNet may deliver the Products ordered in installments. Any delivery or shipment dates given by FoxNet are estimates only and FoxNet is not liable for any loss, damage, cost or expense for any failure to deliver in accordance with the given delivery or shipment date.
  7. RETURN POLICIES You may be able to return your HP Product to FoxNet for a replacement or refund if you strictly adhere to the terms and conditions below: The following Products may be returned subject to FoxNet receiving HP’s return authorization. Computers and monitors Unopened software. Opened software may not be returned. All eligible returns require prior authorization by FoxNet. Customer must call FoxNet to first get authorization to return (RMA), and then return the item within 10 calendar days of being issued the RMA. All items must be in “as new” condition, in original packaging, and with all warranty cards, manuals, and accessories. FoxNet reserves the right to inspect returns. A restocking fee may be charged on all returned items with missing boxes or packaging, and returned printers with installed toner or inkjet cartridges. Product must be returned with all shipping and insurance charges pre-paid; such charges are not reimbursable and are at Customer’s expense, except in the case of defective Product returns. Non-defective returns may be subject to a restocking fee. After receipt and inspection of the Product returned in compliance with the above terms, a credit will be issued. If you financed your purchase through a financing entity, refunds will not include any interest due on the loan or any of the non-refundable amounts described above and you will remain responsible for the performance of your financing agreement.
  8. EXCHANGES From time to time, FoxNet may, in its sole discretion, exchange Products or portions of a Product. Any exchanges will be made in accordance with HP’s exchange policies in effect on the date of the exchange.
  9. LIMITED WARRANTY ON HP PRODUCTS HP’s warranty applies on HP Product sold by FoxNet. A limited warranty statement will be included with each HP Product shipped to Customer. HP reserves the right to modify its warranty statement at any time, in its sole discretion. Warranty is only valid upon HP’s receipt of payment in full for the HP Product to be warranted. EXCEPT AS PROVIDED IN THE LIMITED WARRANTY STATEMENT, HP 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. HP’S LIABILITY FOR HP HARDWARE WARRANTY CLAIMS IS LIMITED TO REPAIR OR REPLACEMENT AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT. HP’S LIABILITY FOR HP SERVICE WARRANTY CLAIMS IS LIMITED TO REMEDYING THE NON-CONFORMING SERVICE AS SET FORTH IN THE APPLICABLE WARRANTY STATEMENT.
  10. SOFTWARE LICENSE AND WARRANTY HP, Software licenses and warranty apply on software licenses sold by FoxNet. Title to any software installed with the HP Products shall remain with the applicable licensor(s). All software is subject to the applicable license agreement, which is included with the Product(s). Customer shall be bound by the license agreement once the software is opened, the package is opened or its seal is broken. Warranty for any software shall be in accordance with the license agreement. HP DOES NOT WARRANT ANY SOFTWARE UNDER THIS AGREEMENT.
  11. THIRD PARTY PRODUCTS Third Party Products carry different warranty policies than HP Products. The original manufacturer, not by HP, provides any warranty and technical support provided on a Third Party Product. The warranties and technical support may vary from product to product.
  12. EXCLUSION AND LIMITATION OF LIABILITY FOR ANY BREACH OF THESE TERMS AND CONDITIONS. FOXNET’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 HP BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, INCIDENTIAL, SPECIAL DAMAGES OR ECONOMIC LOSS (INCLUDING BUT NOT LIMITED TO LOSS OF DATA, 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 IN BASED ON CONTRACT, STATUTE, TORT, IMPLIED DUTIES OR OBLIGATIONS OR OTHER LEGAL THEORY. FOXNET 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 HP 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. For the purposes of this Section 12, “FoxNet” includes its employees, subcontractors, and suppliers.
  13. 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 FoxNet 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 defense of forum non-convenient in any such suit, action or proceeding.
  14. EXPORT CONTROL Products purchased or received under these terms and conditions shall be subject to export laws and regulations of Canada and the United States of America. Customer assures that it will comply with those regulations whenever it exports or re-exports controlled Products or technical data obtained from HP or any Product produced directly from the controlled technical data.
  15. NOT FOR RESALE Customer agrees and represents that it is buying for its own internal use within Canada and not for resale.
  16. HEADINGS The headings of each of these terms and conditions are for convenience of reference only and shall not form part of these terms and conditions. Such headings shall be ignored in the interpretation or construction of any of these terms and conditions.
  17. NO ASSIGNMENT Customer may not assign its rights or obligations under this Agreement without the express written consent of FoxNet.
  18. 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.
  19. GENERAL HP Products provided by FoxNet are manufactured for standard commercial uses and are not intended to be sold or licensed for use in critical safety systems or nuclear facilities. FoxNet is not responsible for delay or failure to perform due to causes beyond its reasonable control. All HP documents referred to in these Terms are incorporated into these Terms and are available from HP upon request. These Terms 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 shall not be amended without FoxNet’s express written approval. Any Customer site access requirements shall not be enforceable to either increase the obligations or liabilities or reduce the rights under these Terms of FoxNet, its employees, or subcontractors.

FoxNet Inc Terms and Conditions of Sale, revised January 7, 2007

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