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Credit terms are at the absolute discretion of the Creditor who may terminate, alter or deny credit terms without notice and without cause. Sales terms are net 30 days.
All past-due accounts accrue interest at 1 ½% per month on the declining unpaid balance. The accrual of payment interest does not authorize the customer to defer payment of any indebtedness beyond the credit terms stated herein. In the event of delinquency of this account, wherein action is taken to collect the balance, the prevailing party therein shall be entitled to recover reasonable legal fees in addition to any other amounts. Credit card purchases must be made at the time of purchase and be on file to secure credit. Creditor accounts must be in good standing to ensure consistent and timely delivery of orders. All balances over 120 days past due are subject to referral to a collection agency. In order to prevent this, contact us immediately at 604-444-9299 in order to arrange a payment schedule.
Disclaimer of Warranty: Products supplied by Pony Graphic Solutions Inc that are obtained by Pony Graphic Solutions Inc from an original manufacturer or third party supplier are not warranted by Pony Graphic Solutions Inc, but Pony Graphic Solutions Inc agrees to assign to Customer any warranty rights in such Products that Pony Graphic Solutions Inc may have from the original manufacturer or third party supplier, to the extent such assignment is allowed by such original manufacturer or third party supplier. In no event shall Pony Graphic Solutions Inc have any obligation to make repairs, replacements or corrections required, in whole or in part, as the result of: (i) normal wear and tear, (ii) accident, disaster or event of force majeure, (iii) misuse, fault or negligence of or by Customer, (iv) use of the Products in a manner for which they were not designed, (v) causes external to the Products such as, but not limited to, power failure or electrical power surges, (vi) improper storage and handling of the Products or (vii) use of the Products in combination with equipment or software not supplied by Seller. If Pony Graphic Solutions Inc determines that Products for which Customer has requested warranty services are not covered by the warranty, Customer shall pay or reimburse Pony Graphic Solutions Inc for all costs of investigating and responding to such request at Pony Graphic Solutions Inc then prevailing time and materials rates. If Pony Graphic Solutions Inc provides repair services or replacement parts that are not covered by the warranty, Customer shall pay Pony Graphic Solutions Inc for such services and/or parts at Pony Graphic Solutions Inc then prevailing time and materials rates. Except as may be permitted pursuant to the applicable warranty from an original manufacturer or third party supplier or by applicable law, ANY INSTALLATION, MAINTENANCE, REPAIR, SERVICE, RELOCATION OR ALTERATION TO OR OF, OR OTHER TAMPERING WITH, THE PRODUCTS PERFORMED BY ANY PERSON OR ENTITY OTHER THAN Pony Graphic Solutions Inc WITHOUT Pony Graphic Solutions Inc PRIOR WRITTEN APPROVAL, OR ANY USE OF REPLACEMENT PARTS NOT SUPPLIED BY Pony Graphic Solutions Inc, SHALL IMMEDIATELY VOID AND CANCEL ALL WARRANTIES WITH RESPECT TO THE AFFECTED PRODUCTS. THE OBLIGATIONS CREATED BY THE PRODUCT WARRANTY TO REPAIR OR REPLACE A DEFECTIVE PRODUCT SHALL BE THE SOLE REMEDY OF CUSTOMER IN THE EVENT OF A DEFECTIVE PRODUCT. EXCEPT AS EXPRESSLY PROVIDED IN THE WARRANTY, Pony Graphic Solutions Inc DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE PRODUCTS, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Pony Graphic Solutions Inc DOES NOT REPRESENT OR WARRANT THAT THE PRODUCTS ARE ERROR-FREE OR WILL ACCOMPLISH ANY PARTICULAR RESULT.
Limitation of Liability: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, (i) THE LIABILITY OF PONY GRAPHIC SOLUTIONS INC UNDER THESE TERMS AND CONDITIONS (WHETHER BY REASON OF BREACH OF CONTRACT, TORT, INDEMNIFICATION, OR OTHERWISE, BUT EXCLUDING LIABILITY OF Pony Graphic Solutions Inc FOR BREACH OF WARRANTY (THE SOLE REMEDY FOR WHICH SHALL BE AS OTHERWISE PROVIDED IN THESE TERMS AND CONDITIONS)) SHALL NOT EXCEED THE TOTAL PURCHASE PRICE PAID BY CUSTOMER TO Pony Graphic Solutions Inc WITH RESPECT TO THE PRODUCT(S) GIVING RISE TO SUCH LIABILITY, and (ii) IN NO EVENT SHALL Pony Graphic Solutions Inc BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF USE OF FACILITIES OR EQUIPMENT, LOSS OF REVENUE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF GOODWILL), REGARDLESS OF WHETHER Pony Graphic Solutions Inc (a) HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH POSSIBILITY WAS REASONABLY FORESEEABLE OR (b) IS NEGLIGENT.
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