These Terms and Conditions are effective from January 01 2006 until further notice.
You, the Customer a person or company buying Products from us.
Consumer a private person or a business buying Products for private or business use. If you are a Consumer, please find your specific rights and exceptions in the below sections. Xverve Technologies Inc (us, our) the Product vendor as identified on your invoice and, where relevant, Service Provider. Products are the equipment that are bought from Xverve Technologies Inc Order Confirmation formal acknowledgement of Product ordered by you, sent by Xverve Technologies Inc. Price stated in Order Confirmation. Product as described in Order Confirmation, may include Xverve Technologies Inc. branded products, 3rd Party Products and Service Offerings. Service Offering as described in Order Confirmation and Xverve Technologies Inc. Service description document. Service Provider Xverve Technologies Inc. or its authorized Service experts. 3rd Party Products all goods that are not Xverve Technologies Inc. - branded Products. Service means general service and support carried out by Xverve Technologies Inc or Service Provider in accordance with the Service Offering.
This Agreement applies to this sale, Service and all statements made by Xverve Technologies Inc. in brochures, price lists, adverts, quotations, on the internet or verbally. Any variations to this Agreement must be confirmed by Xverve Technologies Inc. in writing. Any other Terms and Conditions are excluded. Placing your order means acceptance of this Agreement. This Agreement does not apply to Product purchases from a reseller or distributor nor is it a reseller or distribution agreement.
Quotations are only valid in writing and during the period that they state. If unstated, the period is 21 days (incl. 3rd Party Products). Orders may be received by writing, internet, telephone or fax but are only binding when accepted by Xverve Technologies Inc. in a written Order Confirmation. Please check the Order Confirmation and notify Xverve Technologies Inc. of any mistake in writing immediately or the details stated in the Order Confirmation will apply to this Agreement. Xverve Technologies Inc. reserves the right to change Products (incl. 3rd Party Products) at any time but Xverve Technologies Inc. guarantees you at least equivalent functionality and performance.
Products and Service Offering prices, tax, shipment, insurance and installation are as shown on your invoice. Changes to exchange rates, duties, insurance, freight and purchase costs (incl. for components and Services) may cause Xverve Technologies Inc. to adjust prices accordingly. Payment will be made before supply or Service. Xverve Technologies Inc. may suspend deliveries or Service until full payment for that order. If payment is late, and you purchase as a company, the maximum statutory interest rate will apply on the late amount and if you purchase as a Consumer, interest will be at 2% above the minimum lending rate on the late amount. In either case, the costs of recovery shall be payable by you. Cheques may only be accepted conditionally.
The delivery period in the Order Confirmation is approximate. Delivery by instalments may be made. The place of delivery is stated in the Order Confirmation.
When you receive Product you must inspect it for any defects or non-conformity within 7 days. After this period, you will have accepted Product. If Xverve Technologies Inc. agrees to the return of Product at its choosing, it must be in its original condition with packaging, a return note and proof of purchase; the return costs may also be payable by you.
Unless otherwise stated, Xverve Technologies Inc. guarantees to you the following:
Xverve Technologies Inc.- branded equipment will be free from defects for 12 months from the date of delivery. Should Product be defective within this period, Xverve Technologies Inc. will repair or replace Product within a reasonable time. All reasonable care and endeavor shall be used to resolve problems within a realistic period in the circumstances. Xverve Technologies Inc. manufactures and repairs using components, which are new or equivalent to new in accordance with industry standards and practice. Xverve Technologies Inc. warranty is given in place of all implied warranties and that such implied warranties are excluded to the fullest permitted extent Xverve Technologies inc. may revise its limited warranties from time to time but any such change will not affect products ordered by you prior to the date of such change.
Xverve Technologies Inc. does not give a warranty guarantee protection for:
You must provide Xverve Technologies Inc. with all reasonable courtesy, information and cooperation to enable Xverve Technologies Inc. to perform duties, failing which Xverve Technologies Inc. shall not be obliged to perform any Service or assistance. You are responsible for the removal of non Xverve Technologies inc. -supplied products during Service, the back up and confidentiality of all data in Product and all of your legal and regulatory requirements.
will be provided by Xverve Technologies Inc. or Service Provider. Response times are estimates and may vary. Service may be provided via telephone or internet where appropriate. Xverve Technologies Inc. owns any replaced Product or parts resulting from repair and will charge Customer if these are not returned upon request. Unless stated in Service Offering, the following are excluded from Service: work outside local working hours, weekends or on public holidays, items excluded from Warranty, changes to configuration, preventative maintenance, unnecessary work in Xverve Technologies’ assessment. 3rd Party Products will be repaired according to manufacturer or licensor warranty. Parts not critical to Product function (e.g.: decorative features) may not be serviced within Service Offering time period.
Xverve Technologies Inc. is not liable for delays in performance (incl. delivery or Service) caused by circumstances beyond its reasonable control and will be enleadind to a time extension for performance; examples include strikes, terrorist acts, war, supplier / transport / production problems, exchange fluctuations, governmental or regulatory action and natural disasters. If this lasts more than 2 months, this Agreement may be terminated by either party without compensation.
All information and software on this Site is provided “AS IS” and “WITH ALL FAULTS”, without warranty or conditions of any kind concerning the quality, safety, or suitability of the software, either express or implied, including, without limitation, any implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement. In no event will we be liable for any indirect, punitive, special, incidental or consequential damages however they may arise and even if we were previously advised of the possibility of such damages arising out of or in connection with the use or performance of any files, downloads or other information, including, without limitation, those resulting from (1) reliance on the materials presented, (2) costs of replacement goods, (3) loss of use, data or profits, (4) delays or business interruptions, (5) and any theory of liability, arising out of or in connection with the use or performance of information. This Site could include technical or other inaccuracies. Changes may be periodically made to the information herein. However, we make no commitment to update materials on this Site. There are inherent dangers in the use of any software available for downloading on the Internet, and we caution you to make sure that you completely understand the potential risks before downloading, modifying, using and/or distributing any of the software on this Site. You are solely responsible for adequate protection and backup of the data and equipment used in connection with any of the software, and we will not be liable for any damages that you may suffer in connection with downloading, using, modifying and/or distributing any of the software.
Xverve Technologies Inc. may terminate this Agreement with immediate written notice if you. Either party may terminate if the other: 1) commits a material or persistent breach of this Agreement and fails to remedy this within 30 days of written notice from the other; or 2) becomes insolvent or is unable to pay debts as they fall due.
Your obligations as a Customer You are responsible for:
Canadian law and the exclusive court jurisdiction of the Canada courts will apply to this Agreement.
Xverve Technologies Inc. products, software programs and technical data may not be exported or re-exported, either directly or indirectly, to the U.S. embargoed destinations or entities of Cuba, Iran, Iraq, Libya, North Korea, Serbia/Montenegro, Sudan, Syria and the UNITA faction in Angola, or to individuals on the Entity List, Denied Persons List and the Specially Designated Nationals List without prior written authorization from the U.S. Department of Commerce, Bureau of Export Administration.
If any part of the Agreement is found to be invalid or unenforceable by a court, the rest is unaffected. Xverve Technologies Inc. may subcontract, assign or transfer its obligations or rights to a competent third party whether in whole or in part. You may not assign or transfer any of your obligations. All notices must be in writing (by hand, email, fax or 1st class post deemed delivered 48 hours after posting) and sent to a legal officer of either party.