PURCHASE ORDER AGREEMENT
This Purchase Order Agreement (the “Agreement”) is incorporated into the purchase order entered into by the Customer and American Iron Cycles Corp. (the “Company”) as of the Purchase Date (the “Purchase Order”), as such terms are defined in the Purchase Order.
Capitalized terms used but not defined herein have the meaning ascribed to them in the Purchase Order.
BY EXECUTING THE PURCHASE ORDER, THE CUSTOMER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS SET OUT IN THIS AGREEMENT. THE COMPANY’S ACCEPTANCE OF THE PURCHASE ORDER, AND THE SUBSEQUENT DELIVERY OF ANY PRODUCTS OR SERVICES REFERENCED THEREIN (“PRODUCTS”), WHICH MAY INCLUDE POWER-ASSISTED BICYCLES, IS IN RELIANCE OF AND ON THE CONDITION OF, THE CUSTOMER’S REPRESENTATIONS, WARRANTIES AND COVENANTS HEREIN.
- RISK ACKNOWLEDGEMENT
The Customer hereby understands and acknowledges that the operation, use and maintenance (together, the “Operation”) of any Products is at the Customer’s sole risk, and that any such Operation has inherent dangers (including without limitation, the risk of severe injury and death) for which the Company disclaims any and all liability.
- WARRANTY DISCLAIMERS
Customer hereby acknowledges and agrees that the Products are provided “AS IS” and that the Company makes no representations, warranties or guarantees of any kind whatsoever as it relates to the Products, except as expressly provided in the Purchase Order. Without limiting the generality foregoing, the Products are provided without warranties or conditions of merchantability, quality, performance, or fitness for a particular purpose.
The Customer hereby releases and forever discharges the Company and its affiliates, and each of its directors, officers, employees, contractors, representatives, agents, and assigns (the “Released Parties”) of and from any and all actions, liabilities, damages (including without limitation any consequential, indirect, incidental, special or exemplary damages), losses, claims, and demands of any kind whatsoever and howsoever arising, which the Customer can, will or may have in connection with or arising from the Products and/or their Operation, including without limitation, claims of negligence or any claim with respect to bodily injury, death or damage to tangible property.
The Customer hereby agrees to indemnify and hold harmless the Released Parties against and from any and all third-party demands and claims relating to or arising from the Customer’s Operation of the Products.
- MARKETING COMMUNICATIONS
The Customer hereby consents to receive marketing communications from the Company via e-mail or any other form of communication from time to time. The Customer may opt-out at any time from any such communications by emailing firstname.lastname@example.org
The Customer further consents to the Company retaining or storing any personal information provided in the Purchase Order by the Customer, such as name, address, telephone number and purchasing information, for the purpose of: (a) delivering communications relating to the Company’s products or services; (b) conducting internal reviews and improvements relating to marketing, operations or sales; and (c) keeping a record of the Company’s legal obligations. The Company will use industry standard technical and administrative security measures to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration to any such Customer information collected.
If the Products include a motor assisted bicycle, the Customer represents and warrants to the Company that the Customer is nineteen (19) years of age or older as of the Purchase Date. This Agreement, with the Purchase Order, constitutes the entire agreement between the Customer and the Company with respect to the subject matter contained herein and there are no other terms, conditions, representations, warranties, or collateral agreements, express or implied. The invalidity or unenforceability of any provisions of this Agreement shall not affect the validity or enforceability of any other provision of this Agreement, which shall remain in full force and effect. The terms and conditions provided in this Agreement shall apply to the fullest extent permissible under applicable law. This Agreement is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein. The Customer agrees to submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada