Terms & Conditions

TERMS & CONDITIONS OF SALE EQUIPMENT:

DELIVERY: All equipment is sold “AS IS” “WHERE IS”. Sea Can Kings. (“Sea Can Kings”) shall have no liability whatsoever for loss or damage due to late delivery or non-delivery of the equipment. Furthermore, if Sea Can Kings performance of any sales invoice is, in whole or in part, prevented or hindered by any cause whatsoever, Sea Can Kings shall have the right to cancel, without any liability on its part, all or portions of the sales invoice so affected.
TAXES: Purchaser agrees to assume exclusive liability for and to pay, indemnify and hold Sea Can Kings harmless from all sales or use taxes, transfer, title and registration fees, VAT, domestication, duties, personal property taxes or other taxes, tolls, levies, imposts, duties or governmental charges imposed in connection with the sale of equipment, or any services rendered by Sea Can Kings in connection with this sale of equipment, including any penalties, fines or interest thereon and to prepare all necessary filings (including VAT filings that may be required under the reverse-charge provisions).
REMEDIES/WAIVER: The remedies reserved to Sea Can Kings herein shall be cumulative and in addition to any other or further remedies provided by law. Sea Can Kings failure to insist on performance of any of the terms and conditions of this Agreement, or Sea Can Kings waiver of any breach, shall not act as a waiver of any other term or condition or any subsequent breach
ASSIGNMENT: Purchaser may not assign this Agreement nor any of its rights or obligations herein without Sea Can Kings prior written consent, which consent may be withheld for any reason.
JURISDICTION AND LAW: Sea Can Kings and Purchaser agree that any claim or controversy , directly or indirectly arising out of or relating to this sale, may be litigated in the provincial or federal courts located in the in the province of Nova Scotia, Canada, and Sea Can Kings and Purchaser hereby consent to be subject to the jurisdiction of such courts. Sea Can Kings and Purchaser agree to waive any objection to the venue of such courts and not to assert any defense of forum non convenience. Sea Can Kings and Purchaser agree that service of process upon the other may be made by mailing a copy (by registered or certified mail or courier service) postage prepaid, addressed
to the respondent Party at the address shown on the invoice for the Purchaser and at 38 Sagebrush Lane, Upper Tantallon, B3Z 4H4 for Sea Can Kings. Service shall be complete seven days after such process has been mailed to the respondent Party or when received if sent by courier service. Nothing herein shall affect the right of either Party to serve legal process in any other manner permitted by law or affect the right of either Party to bring any action or proceeding against the other Party or its property in the courts of any other jurisdiction. This agreement shall be construed and interpreted according to the laws of the Province of Nova Scotia, Canada.
ENTIRE AGREEMENT: It is understood and agreed that this Agreement and the applicable invoice embodies the complete understanding of Purchaser and Sea Can Kings relative to this sale and that the terms and conditions of this Agreement may not be revised or modified in any way except by a written instrument specifically purporting to do so signed by the Purchaser and Sea Can Kings.
INDEMNIFICATION: Purchaser will, defend at its own expense and indemnify and hold harmless Sea Can Kings, its agents, employees and indemnities from and against any and all claims, losses, damages, liabilities, demands, actions, costs, expenses and fees (including attorneys’ fees) arising out of, or in connection with, the sale of the equipment to Purchaser or any subsequent use, operation or disposition of the equipment.
PICKUP/MARKING AND ID PLATES/PAYMENT: Equipment must be picked up within 15 days of the release confirmation. Otherwise, Sea Can Kings may cancel the sale or charge Purchaser storage. Ownership of equipment will be transferred to Purchaser on the date of pickup. Purchaser will promptly remove all ownership markings and identifications plates. Payment terms are listed on the applicable invoice. If for any reason payment is not made when due, Purchaser will pay to Sea Can Kings all reasonable attorneys’ fees and other costs and expenses Sea Can Kings incurs in enforcing its rights to collect amounts owed by Purchaser to Sea Can Kings under this Agreement. Overdue payments will be subject to a service charge equal to the lesser of 2% per month or the highest legal rate.
DELIVERY: Sea Can Kings outsources delivery to local providers at or near cost to help simplify the purchase process for customers without trucks. Customer waives Sea Can Kings of any/all liability associated with product delivery.