AS PART OF THIS PAYMENT AGREEMENT, THE PARTIES AGREE AS FOLLOWS:
- Products. Lieberman agrees to provide the Customer with the products described in an order confirmation mutually agreed upon by the Parties by email (hereinafter the "OC" and the "Products").
- Price. The price for the Products will be set forth in the OC in addition to sales and any other applicable taxes.
- Delivery. Delivery dates, delivery location and delivery charges shall be agreed upon by the parties in the OC.
- Payment. Lieberman will invoice the Customer when the Products are shipped and the Customer agrees to pay the invoice within thirty (30) days of its issuance, unless another payment arrangement is provided in the OC. Any unpaid invoice within this period will bear interest at a monthly rate of 1.75% (23.14% per annum). Lieberman's billing shall remain consistent with the Customer's specific billing requirements as specified in the OC, if any.
- Claims. Any claim regarding the Products must be made within ten (10) days of the Customer's receipt of the Products. Lieberman reserves the right to reject any claim made more than ten (10) days after the receipt of the Products.
- Returns. No returns of Products will be accepted without the written consent of Lieberman. Returns will be handled on a case-by-case basis by Lieberman, using reasonable business judgment.
- Term and Termination. Upon termination of the Payment Agreement, the amounts then accrued for the Products under the OC shall be immediately due and payable.
- Termination for Default. If the Customer fails to comply with any obligation under the Payment Agreement, Lieberman may give a written notice to the Customer requiring the Customer to cure the default within ten (10) business days of the receipt of such notice. If the default is not cured within such time period, Lieberman may, at its sole discretion, reduce or withdraw any payment term granted under the Payment Agreement.
- Relationship between the Parties. The Parties are independent persons, and this Payment Agreement shall be binding upon them only for the purposes set forth herein.
- Limitation of Liability. Lieberman's liability under the OC is limited to the price paid by Customer to Lieberman. In no event shall Lieberman be liable for any loss of data, profits or cost of cover or for any consequential damages.
- No Liability. Lieberman is not responsible for any damage to the Products in connection with their transportation.
- Governing Law and Jurisdiction. This Payment Agreement shall be governed by the laws of the Province of Quebec, without regard to the conflict of laws principles that would otherwise require the application of the laws of any other jurisdiction. The Parties agree to elect domicile in the judicial district of Montreal, Province of Quebec.
- Transfer. This Payment Agreement may not be transferred by the Customer without the written consent of Lieberman. Lieberman retains the right to transfer without the Customer's consent.