Terms of Use

1. APPLICATION OF TERMS OF USE


The following terms and conditions shall govern the sale by the entity ("Maritime Mosquito Control" or "Seller") named on the invoice that will be provided to Customer for orders for computer systems and/or related products sold by Maritime Mosquito Control, unless Customer has signed a separate formal purchase agreement with Maritime Mosquito Control


By ordering products on Maritime Mosquito Control's on-line store or by accepting delivery of the products described on the invoice, Customer agrees to be bound by and accepts these terms and conditions. Maritime Mosquito Control reserves the right to change these terms and conditions without prior written notice at any time, at Maritime Mosquito Control's sole discretion.


2. OTHER DOCUMENTS DO NOT APPLY


These terms and conditions may not be supplemented, altered or modified by the use of any other document(s). Any attempt to modify, supplement or amend these terms and conditions will be null and void unless agreed to in writing by Maritime Mosquito Control


3. PAYMENT TERMS


Terms of payment shall be determined at Maritime Mosquito Control's discretion and otherwise agreed to by, Maritime Mosquito Control Payment must be received by Maritime Mosquito Control prior to Maritime Mosquito Control's acceptance of Customer's order. Payment shall be made by credit card, check or some other pre-arranged method of payment acceptable to Maritime Mosquito Control


Where payment is made by credit card, such payment is subject to the approval of the financial institution issuing the credit card and Maritime Mosquito Control shall not be liable in any way if such financial institution refuses to accept or honor the credit card for any reason.


4. PRICES, SHIPPING AND HANDLING CHARGES AND TAXES


Maritime Mosquito Control will only ship to Canada and U.S. locations. All prices do not include charges for shipping and handling, and taxes. Separate charges for shipping and handling will be shown on the invoice. Maritime Mosquito Control is obligated to withhold Provincial Sales Tax for delivery within Prince Edward Island. Unless Customer provides Maritime Mosquito Control with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Maritime Mosquito Control's acceptance of the order, the Customer is responsible for sales and all other taxes associated with the order.


6. PRODUCTS AVAILABILITY


Product availability may be limited. Products may not be available for immediate delivery. Maritime Mosquito Control reserves the right, without liability or prior notice, to revise or cease to make available any or all products or to cancel any order. If there is any revision or cessation, Maritime Mosquito Control may ship products which have the functionality and specifications of the products ordered but there will be differences in the specifications between what was shipped and what was ordered.


7. EXCLUSION AND LIMITATION OF LIABILITY

FOR ANY BREACH OF THESE TERMS AND CONDITIONS, MARITIME MOSQUITO CONTROL SOLE AND EXCLUSIVE MAXIMUM LIABILITY SHALL NOT IN ANY EVENT EXCEED THE TOTAL PRICE OF THE PRODUCTS ORDERED BY CUSTOMER.


IN NO EVENT SHALL MARITIME MOSQUITO CONTROL BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE FOR ANY BREACH OF THESE TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OF USE EVEN IF MARITIME MOSQUITO CONTROL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE OR ANY CLAIM BY ANY THIRD PARTY.


MARITIME MOSQUITO CONTROL SHALL NOT BE LIABLE IF IT IS UNABLE TO PERFORM ANY OF ITS OBLIGATIONS CONTAINED IN THESE TERMS AND CONDITIONS DUE TO, DIRECTLY OR INDIRECTLY, TO THE FAILURE OF ANY MACHINE, SYSTEM OF AUTHORIZATION, DATA PROCESSING OR COMMUNICATION SYSTEM OR TRANSMISSION LINK OR ANY INDUSTRIAL DISPUTE, WAR, FLOOD, EXPLOSION, ACT OF GOD OR ANY OTHER EVENT BEYOND THE CONTROL OF MARITIME MOSQUITO CONTROL


8. GOVERNING LAW AND JURISDICTION


The sale of products shall be governed by the laws of the Province of Prince Edward Island excluding the conflict or choice of law provisions. Venue and jurisdiction for all disputes will lie in exclusively Charlottetown, Prince Edward Island.


11. RETURN POLICIES.


Maritime Mosquito Control products that are purchased directly from Maritime Mosquito Control by an end-user. Customer may return the product only in accordance with Maritime Mosquito Control's return policy in effect on the date of the invoice.


13. SERVICE AND SUPPORT


Maritime Mosquito Control endeavors to provide the best customer and technical support. For end-user Customers, Maritime Mosquito Control promises that its support people will attempt to handle over the telephone and email any problem involving Maritime Mosquito Control products. Maritime Mosquito Control will make on-site service available to Customer in Prince Edward Island, Canada in accordance with the then-current terms and conditions set by Maritime Mosquito Control and/or the third-party service provider.


14. NO ASSIGNMENT


Customer may not assign its rights or obligations under this Agreement without the express written consent of Maritime Mosquito Control


15. INVALIDITY OF PROVISIONS


If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.


If you have any questions regarding our terms of use or other policies, please contact our Terms of Use Administrator at privacy@maritimemosquito.com or at our mailing address at:

Terms of Use Administrator
Maritime Mosquito Control Inc.
4-265 Brackley Point Road
Charlottetown, PE C1E 2A3

Phone: 1-866-662-4041

Revision Date: 7/2006