Conditions d’utilisation
All parts manufactured by or packaged by Ikonic Badges are designed for off road use only and are explicitly NOT DOT approved. Ikonic Badges is not liable for any damage to any vehicle or injuries during use or installation. Upon purchasing the buyer accepts full liability for any injury or property damage that may occur while using products manufactured by Ikonic Badges. Ikonic Badges will not be responsible for any damage or injury that may occur during installation. Buyer agrees to indemnify and hold Ikonic Badges harmless against any and all lawsuits from a third party that may bring suit for damages caused by the installation or use of a Ikonic Badges product.
REPRESENTATION & WARRANTIES; DISCLAIMERS
INDEMNIFICATION
The Customer agrees to indemnify, defend, and hold harmless Ikonic Badges, its parent, officers, directors, employees, agents, licensors, suppliers and third contractors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney fees) arising out of or related to:
LIMITED LIABILITY
Ikonic Badges’s liability for any claims arising from the purchase of aftermarket products is limited to the purchase price of the product. In no event shall the retailer be liable for any consequential, incidental, or special damages.
CONFIDENTIALITY
Both parties agree to keep confidential any proprietary or sensitive information exchanged during the course of their business relationship. This includes but is not limited to pricing details, supplier information, and any other non-public business information.
GOVERNING LAW; ARBITRATION
This agreement shall be governed by and construed in accordance with the laws of the Province of Ontario, without regard to conflicts of laws provisions thereof. Any claims or disputes arising out of or relating to this agreement shall be resolved through binding arbitration in accordance with the rules of the Canadian Arbitration Association (“CAA”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
GENERAL
This agreement constitutes the entire understanding between Ikonic Badges and the customer, governing the purchase and use of aftermarket products. Any prior agreements, representations, or understandings are hereby null and void. No modifications or amendments to this agreement shall be binding unless made in writing and signed by both parties. This ensures that any changes to the terms of the agreement are documented and agreed upon by both the retailer and the customer. If any provision of this agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law. This provision protects the overall enforceability of the agreement in the event that a particular clause is deemed unenforceable. The failure of either party to enforce any provision of this agreement shall not be construed as a waiver of such provision or the right to enforce it at a later time. This emphasizes that the failure to enforce a particular provision does not relinquish the right to enforce it in the future. The headings in this agreement are for convenience and reference purposes only and shall not affect the interpretation or construction of the agreement. They provide clarity and organization but are not legally binding or altering the substance of the clauses. This agreement is intended solely for the benefit of Ikonic Badges and the customer and is not intended to confer any rights or benefits upon third parties. This clause clarifies that individuals or entities not directly involved in the agreement are not granted specific rights or benefits. Any provisions of this agreement that, by their nature, should survive termination, including but not limited to confidentiality obligations, indemnification clauses, and limitations of liability, shall continue in full force and effect after the termination or expiration of this agreement. This ensures that certain obligations persist even after the formal conclusion of the business relationship.