Terms of Purchase
The Purchaser acknowledges that racing is an inherently dangerous activity. The entire risk arising out of the use of performance of the products and/or services purchased by the Purchaser hereunder (the “Products) is with the Purchaser.
All products are provided “as is”, and McColl Racing Enterprises Inc. (”McColl”) and its suppliers make no warranties or conditions, express or implied, and exclude and disclaim any and all implied warranties or conditions including, without limitation, those of merchantability or fitness for a particular purpose in no event will McColl or its suppliers be liable for any direct, special, indirect, consequential, incidental, punitive, or other damages however caused and for any matter, whether in contract, tort, negligence, strict liability, operation of law or otherwise, even if McColl has been advised of the possibility of such damages.
Notwithstanding the above paragraph, McColl will coordinate and provide warranty repairs or replacements to the extent that its suppliers of Product or portions thereof provide warranties intended for the Purchaser. As McColl is merely a facilitator of the suppliers’ warranties in such instances. McColl is not the supplier of the Product in question, nor if the supplier is unable or unwilling to honor its warranties due to insolvency or other reasons beyond McColl’s control. The Purchaser shall indemnify and hold harmless McColl, its directors, officers, employees, consultants, representatives, agents and its suppliers against any and all claims, damages,
losses, liability, costs or expenses of any kind, sort or nature whatsoever that may result from your use of the Products, and/or any breach of this agreement.
The Purchaser acknowledges that McColl has set its prices and sold the Products to the Purchaser in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and in any individual suppliers’ warranties, and that the same form of fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between the Purchaser and McColl is found to have failed in its fundamental or essential purpose or has been fundamentally breached.
This agreement contains the complete and exclusive statement of the agreement between the parties and supersedes all prior and contemporaneous agreements, purchase orders, understandings, proposals, negotiations, representations or warranties of any kind whether written or oral. No oral or written representation that is not expressly contained in this agreement is binding on either party. This agreement cannot be amended or modified, other than by a change make in writing, dated and executed by the parties.
This agreement shall be interpreted in accordance with and governed by the laws of the Province of Ontario, Canada, excluding conflicts of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. The parties hereby submit to the non-exclusive jurisdiction of the courts of Ontario, and the Federal Court of Canada. Any actions against McColls must be commenced in the courts of Ontario or the Federal Court of Canada.