14.1. Nothing in the Terms and Conditions makes a party an agent, employee, representative, partner or joint venturer of the other.
14.2. The User may not assign the Terms and Conditions or any part thereof without Toromont’s prior written consent.
14.3. Toromont shall have the right, no more than once annually, at its own expense, to perform an inspection of the User’s relevant records and systems solely for the purpose of ensuring compliance with the requirements of the Terms and Conditions. Should the audit determine that the User has not paid the Fees applicable to its actual usage of the Services, the User shall immediately pay the difference and shall also pay Toromont’s reasonable expenses relating to the audit.
14.4. The law of the Province of Ontario governs the Terms and Conditions. The User agrees to submit to the exclusive jurisdiction of the courts of Ontario for the determination of any dispute concerning the Terms and Conditions. The User waives any rights under the Class Proceedings Act, 1992 of the Province of Ontario, S.O. 1992, Chapter 6, to have the action in which the User asserts the User’s claim certified as a class proceeding and the User appointed as a representative plaintiff.
14.5. Any provision of the Terms and Conditions that should, by their nature, survive termination or expiration of the Terms and Conditions shall survive such termination or expiration.
14.6. The failure of either party to exercise any right, power or option given under the Terms and Conditions, or to insist upon the strict compliance with the Terms and Conditions, shall not constitute a waiver of the terms and conditions of the Terms and Conditions with respect to that or any other subsequent breach thereof.
14.7. Any notice required under the Terms and Conditions may be given to Toromont at the address below and to the User by notice through the Access Tool or at the contact information the User has provided. Additional information relating to the Services is available by contacting Toromont by one of the following methods:
3131 Highway 7 West
PO Box 5511
Attention: General Counsel
14.8. Les parties reconnaissent que ce contrat a été négocié et est rédigé en langue anglaise. The parties acknowledge that this contract was negotiated and is made in the English language.