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Canada Limited Warranty
Shell
RIDE
17. THIS LIMITED WARRANTY/LIMITATION OF LIABILITY AGREEMENT GIVES CUSTOMERS SPECIFIC LEGAL
RIGHTS. IT IS NOT INTENDED TO CONFER ANY ADDITIONAL LEGAL RIGHTS, INCLUDING JURISDICTIONAL
OR WARRANTY RIGHTS, OTHER THAN AS SET OUT IN THIS AGREEMENT OR AS REQUIRED BY APPLICABLE
LAW. THE CUSTOMER MAY HAVE OTHER RIGHTS, WHICH VARY FROM PROVINCE TO PROVINCE. SOME
PROVINCES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR FOR THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITA-
TION OR EXCLUSION MAY NOT APPLY.
Governing Law/Jurisdiction/General Terms
18. This Limited Warranty/Limitation of Liability agreement shall be governed by and construed in accordance
with the laws of the province of Ontario, excluding its conflict of laws provisions which may direct the application
of another jurisdiction’s laws.
19. All disputes, controversies or claims relating to the condition, operation or use of the E-bike sold by
Gentec to the Customer, whether or not arising out of, or in connection with, this Limited Warranty/Limitation
of Liability agreement, shall be finally resolved by arbitration to be held in Toronto, Ontario and conducted in
English under the Arbitration Act, 1991, S.O. 1991, c. 17 (“Rules”) by one (1) arbitrator who is designated in
accordance with the Rules. The arbitral award shall be final and binding on Gentec and the Customer. Except to
the extent entry of judgment and any subsequent enforcement may require disclosure, all matters relating to the
arbitration, including the award, shall be held in confidence.
If the forgoing arbitration provision is held to be invalid or unenforceable for any reason, the Customer and
Gentec irrevocably:
(a) agree that the courts of the province of Ontario shall have exclusive jurisdiction over any disputes, controver-
sies or claims relating to the E-bike sold by Gentec to the Customer, whether or not arising out of, or in connec-
tion with, this Limited Warranty; and
(b) submit to the jurisdiction of such courts and waives any objection to proceedings in any such court on the
ground of venue or on the ground that proceedings have been brought in an inconvenient forum.
20. This Limited Warranty/Limitation of Liability agreement constitutes the entire understanding of the Customer
and Gentec in connection with the condition, operation and use of the E-bike sold by Gentec to the Customer
and supersedes any other oral or written understanding, and discussions between them. There are no represen-
tations, warranties, terms, conditions, undertakings or collateral agreements, express or implied, other than as
expressly set out in this agreement. No modification of, or amendment to, this agreement will be valid or binding
unless in writing and signed by Gentec and the Customer. No waiver of any breach of any term or provision of
this agreement will be effective or binding unless made in writing and signed by Gentec and the Customer. If a
court or other lawful authority of competent jurisdiction declares any section or part of any section of this
agreement to be invalid, illegal or unenforceable, that section will be enforced to the maximum extent permitted
by applicable law and this agreement shall otherwise continue in full force and effect.
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