Trade Account Terms & Conditions
ARBAME Corp.
Trade Agreement & Commercial Indemnity Policy
1. Commercial Indemnification
The purchaser ("Purchaser") hereby agrees to indemnify, defend, and hold harmless ARBAME Corp., its officers, directors, employees, agents, successors, and assigns (collectively, "Seller") from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- The purchase, sale, distribution, or use of the architectural hardware products sold by Seller to Purchaser;
- Any breach of the terms and conditions of the agreement between Seller and Purchaser;
- Any negligence, willful misconduct, or violation of applicable building code by Purchaser or its agents, employees, or subcontractors;
- Any claims of third parties arising from or related to the products sold by Seller to Purchaser;
- Any claims of product liability, including claims of defective design, installation, or labeling of the products sold by Seller to Purchaser;
- Any claims of personal injury, property damage, or financial loss arising out of or relating to the installation or handling of the products.
2. Assumption of Risk
Purchaser acknowledges and agrees that the purchase, sale, distribution, or use of the products involves inherent risks, including but not limited to risks of injury, property damage, or project delays. Purchaser assumes all such risks, and Seller shall not be liable for any damages arising out of the handling or installation of the products.
3. Limitation of Liability
In no event shall Seller be liable to Purchaser or any third party for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or relating to the products sold, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory.
4. Governing Law
All purchases and commercial agreements with ARBAME Corp. shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any choice or conflict of law provision.
Acknowledgement
By utilizing an ARBAME Trade Account and placing commercial orders, Purchaser confirms that it has read, understood, and agreed to these commercial terms.
