This statement constitutes acceptance by Micropeer Solutions Inc. (Micropeer) of Customers (Customer) printed on the front side of this invoice. This acceptance is expressly made conditional upon customer’s assent, expressed or implied, to the terms and conditions set forth herein without modification of addition. If Customer does not agree to all of the terms and conditions set forth herein, the customer may cancel this order if it has not been shipped or, if new, return the product new and unopened within 24 hours of receiving. Otherwise Customer accepts and agrees to all of the procedures set forth herein. Micropeer rejects all terms whether they are different from or in addition to those stated here and whether imposed before or after receipt of the contract.

All shipments are FOB Micropeer dock. Customer must promptly notify Micropeer in no event later the 24 hours after delivery of any claimed shortages or rejection as to any delivery. Such notices must be in writing or electronic form such as email with complete problem determination and must include description and serial numbers of equipment or products in question.

Micropeer makes no claims to any software installed on the equipment. Any software received pre-installed on any Micropeer products after delivery is purely co-incidental. If Customer receives any software pre-installed and proceeds to use it, Customer is then bound to the license agreement of that particular software manufacturer.

Prior to returning any goods to Micropeer, Customer must phone our Service Department where support staff will troubleshoot and diagnose any problem involving Micropeer products. If depot warranty service is required, a Return Authorization is then issued. All returns must have proper Return Authorization

The Customer acknowledges that data and software stored in a computer system can be lost in a variety of circumstances and that it is Customer’s soul responsibility to implement safeguards and follow the prudent back up procedures to protect data and software and to bear the risk of loss of data or software however caused.

Micropeer’s entire liability and Customer’s exclusive remedy with respect to any claim concerning non-performance of the product to the terms of this agreement or any claim for the breach of default by Micropeer, whether such liability for damages arises in contract or tort including negligence shall be limited to Customer’s actual direct damages in an amount not to exceed the amount paid to Micropeer in respect to the specific product or incidental damages howsoever caused or arising incurred by the customer or any other person even if Micropeer has been advised of the possibility of such or even is such were reasonably foreseeable. Customer agrees to indemnify and hold Micropeer harmless from all claims, losses, liability and damages arising of any act or omission of Customer or its employees or agents.

It is the Customer’s sole responsibility to implement safeguards to protect data and software from damage due to software viruses and to bear the risk of loss of data or software caused by viruses.

This agreement is governed by the laws of the Province of Ontario except if the transaction is covered by the Consumer Protection Act of Quebec (R.S.Q., c P-40.1). in which case this agreement shall be governed by the Laws of Quebec.

The parties hereto confirm that it is their wish that this document as we as all other documents relating hereto (including notices) have been drawn and will be drawn up in English only. Les parties aux presentes conferment leur connote que ce document de mem tous les documents (y compris tous avis) s’y rattachant, soient rediges en anglais seulement.