1.Purchase Of Packages. Seller hereby sells to Buyer and Buyer hereby buys from Seller, Packages described above.

2.Delivery/Settings of Packages. Buyer's confirmation to Seller, by means of delivery of an Acceptance Certificate in form and substance satisfactory to Seller, of the delivery and settings of the package to and by Buyer shall constitute Buyer's acknowledgment of its receipt of the package in good condition, and that all settings and reservations necessary prior to use thereof has been completed. Buyer understands that Seller will be relying upon such confirmation by Buyer as a condition of making payment to the supplier for the package.

3.Term and Payments. The term of this Agreement shall commence on the day of the month in which the package is ordered to seller. The monthly payments hereunder shall commence and be due on the later of the first day of the month following the date on which the package have been ordered to the seller, and payments shall be paid on the first day of each successive month thereafter until all sums due under this Agreement are fully paid. Buyer's obligation to make payments and all other obligations hereunder shall be absolute and unconditional and are not subject to any abatement, set-off, defense or counterclaim for any reason whatsoever. Whenever any payment is not made by Buyer when due, Buyer agrees to pay Seller interest on all monies due to Seller, including overdue interest from and after the date of default at the annual rate of twelve percent (12%) calculated and payable monthly until paid in full but in no event more than the maximum rate permitted by law.

4.Disclaimer of Warranties and Claims.   Buyer acknowledges that Seller makes no representations or warranties to anyone, express, implied or statutory (including warranties about air reservations, transportation and hotel rates) as to any aspect of the package, or as to whether the package are subject to any liens, claims or other encumbrances. Buyer buys the package "as-is". Seller shall not be liable for any injury to Buyer or to any third person or property, including direct, indirect, consequential, incidental and special damages caused Buyer, or any delay or failure by the airline or transportation company, and the Buyer acknowledges that no such delay or failure shall in any way affect the Buyer’s obligations under this Agreement. If the package do not operate as represented by the Seller, the Seller will refund one hundred percent (100%) of the amount invested. the Seller will not permit or tolerate the possession or use of illegal drugs, tobacco products or alcohol. If a participant is found possessing the above or engaging in one of these activities he or she will be sent home immediately. In addition, if a participant is found to be disruptive to the trip, a disciplinary problem, and or hazardous to the safety of other, he or she will be sent home. In such event, no refunds will be granted.  The Seller shall cancel the contract with no refund, Seller has the right to terminate the participation of any member who refuses to abide by our rules and regulations. In this event, no refund will be granted. Should a participant withdraw voluntarily, for whatever reasons, after the start the program, no refund will be granted. If a participant must return home due to illness or injury incurred while on the trip, Seller will refund that portion of the tuition which is not considered an operation expense or which has not already been committed to an outfitter for a contracted activity. Many operation cost are based on total group expenses; consequently, are minimal and include expenses such as food and camping or special event fees. If a trip is canceled prior to its starting date, the Seller will refund any payment. If an on-going trip must be terminated, the Seller will refund the cost of the trip on a daily pro-rated basis. Our goal is to follow the itineraries described in this catalogue. It is understood that poor weather, mechanical difficulties and unforeseen problems may cause alterations to the itinerary. If an area or activity must be canceled for any reason, every attempt will be made to replace it with a similar one. 

5. Insurance. All participants must be covered by medical insurance. We recommend that you check with your insurance carrier as to whether you will be covered a trip of this nature. If not, we request that you purchase medical insurance specifically for you trip with us. The Seller does not cover theft, loss or damage of personal property and equipment of the trip participants. We suggest you confirm that your insurance coverage includes items of this nature. We strongly encourage you to purchase travel insurance. Travel insurance reimburses you for non-refundable air and land transportation costs should you have to cancel or leave the trip for unforeseen reasons. Remember that the Seller does not grant refunds for cancellation prior the beginning of the trip. You will receive additional information on travel insurance in your acceptance package. 6.       Taxes and Charges . This Agreement is intended to be a net agreement, and all payments net to Seller to the extent permitted by applicable law. Buyer shall pay directly (or, at Seller's option, reimburse Seller for) all license fees, assessments and other government charges, and all sales, use, excise, franchise and any other similar taxes (collectively, "Charges") now or hereafter imposed, levied or assessed by any federal, provincial or local government or agency upon any of the package or upon the purchase, ownership, use, possession, financing or operation thereof, or upon the receipt of payments therefor (excluding income taxes) before the same shall become in default or subject to the payment of any penalty of interest. Seller, at its sole option, may assess estimated personal property tax with each payment. Buyer shall supply Seller with receipts or other evidence of payment of all Charges as may reasonably be requested by Seller. 7.   Agreement Irrevocability and Other Representations of Buyer . BUYER'S OBLIGATIONS UNDER THIS AGREEMENT ARE ABSOLUTE, NON CANCELLABLE AND SHALL CONTINUE WITHOUT ABATEMENT AND REGARDLESS OF ANY DISABILITY OF BUYER TO USE PACKAGES OR ANY PART THEREOF FOR ANY REASON INCLUDING, BUT NOT LIMITED TO WAR, ACT OF GOD, GOVERNMENTAL REGULATIONS, STRIKE, LOSS, DAMAGE, DESTRUCTION, OBSOLESCENCE, FAILURE OF OR DELAY IN DELIVERY, REPAIR OR MAINTENANCE, UNAVAILABILITY OF PARTS OR SUPPLIES, FAILURE OF PACKAGES TO OPERATE PROPERLY, TERMINATION BY OPERATION OF LAW, OR ANY OTHER CAUSE. 8.   Indemnity . Buyer shall indemnify and hold Seller harmless from and against any and all claims, actions, suits, proceedings, costs, expenses, damages, and liabilities, including legal fees (on a solicitor and own client basis) arising out of, connected with, or resulting from the package or this Agreement. Such indemnity shall survive the termination or expiration of the Agreement. 9.   Default and Remedies . If any one of the following events shall occur (a) Buyer fails to pay any payment hereunder when due; or (b) Buyer fails to pay within five (5) days when due, any sums due to Seller arising independently of this Agreement; or (c) Buyer fails to perform any covenants herein or in any other agreement with Seller after 10 days written notice; or (d) Buyer becomes insolvent, bankrupt or makes an assignment for the benefit of creditors; or (e) the Buyer assigns any of its rights under this Agreement, except in accordance with paragraph 13 hereof, Seller may, to the extent permitted by applicable law, exercise any one or more of the following remedies:

(i) Declare the entire unpaid balance of payments for the unexpired term of the Agreement immediately due and payable and recover the present value of all remaining payments for the balance of the term of this Agreement discounted to the date of default at six percent (6%) per annum;

(ii) Charge Buyer interest on all monies due Seller from and after the date the same is due at the rate of twelve percent (12%) per annum, calculated monthly, until paid but in no event more than the maximum rate permitted by law;

(iii)Require Buyer to return the package at Buyer's expense, to a place designated by Seller and to recover possession of all items of the package, without demand or notice, wherever same may be located, without any court order or pre-taking hearing. Buyer hereby waives any and all damages occasioned by such retaking.

Buyer shall also be liable for and shall pay to Seller all expenses incurred by Seller in connection with the enforcement of any of Seller's remedies including all expenses of repossessing, storing, and selling the package, and Seller's reasonable legal fees and disbursements on a solicitor and own client basis.

All remedies of Seller hereunder are cumulative, are in addition to any other remedies provided for by law, and may, to the extent permitted by law, be exercised concurrently or separately. The exercise of any one remedy shall not be deemed to be an election of such remedy or to preclude the exercise of any other remedy. No failure on the part of Seller to exercise and no delay in exercising any right or remedy shall operate as a waiver thereof or modify the terms of this Agreement. A waiver of default shall not be a waiver of any other or subsequent default.

10. Consent to Jurisdiction, Governing Law and Waiver . Buyer consents to the personal jurisdiction of the courts of the of State, Province or Country in which Seller is Located with respect to any action arising out of this Agreement or the package. Service of process by registered mail or by facsimile shall be deemed the equivalent of personal service in any such action. This Agreement shall be governed by and construed according to the laws of the of State or Province in which Seller is Located. To the extent permitted by law, Buyer hereby waives any and all rights and remedies granted it by the provisions of any law, statute or regulation which would, in any manner, affect Seller’s rights and remedies hereunder. 11.General . This Agreement shall inure to the benefit of and is binding upon the heirs, personal representatives, successors and permitted assigns of the parties hereto. Time is of the essence of this Agreement. This Agreement contains the entire arrangement between Seller and Buyer, and no modification of this Agreement shall be effective unless in writing and executed by Seller. All covenants and obligations of Buyer to be performed pursuant to this Agreement, including all payments to be made by Buyer hereunder, shall survive the expiration or earlier termination of this Agreement. If more than one Buyer is named in this Agreement, the liability of each shall be joint and several. In the event any provision of this Agreement shall be unenforceable, then such provision shall be deemed deleted, however all other provisions hereof shall remain in full force and effect. All notices under this Agreement shall be deemed given when delivered personally or when sent by certified mail to the party intended at its address set forth herein, or such other addresses said party may provide in writing from time to time.

 

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