Revolutionizing the Road: MONTREAL TIRE

These Terms and Conditions of Sale ("Terms and Conditions") are applicable to all invoices of Janak Global Enterprises Inc. dba marvel fire distributor ("Janak") products ("Products") made by Purchaser directly from Janak or its agent. The purchaser, by placing an order for a Product, makes an offer to purchase pursuant to these Terms and Conditions. Upon acceptance by Janak within the State of South Carolina, Purchaser consents to the jurisdiction of the State of South Carolina for the limited purpose of any disputes arising between the parties resulting from this transaction and agrees that the laws of the State of South Carolina shall apply.
Once an order is placed by Purchaser and accepted by Janak, it may not be canceled or revised without Janak's consent and only on terms that indemnify Janak against loss.

PAYMENT TERMS

Payment terms are set forth on the face hereof. In the event of collection proceedings, Purchaser shall pay all collection and other costs incurred by Janak, including but not limited to reasonable attorney's fees.

BILLING ERRORS/INQUIRIES

All billing errors and inquiries must be reported within 30 days of the document date. Failure to notify Janak within 30 days will be considered acknowledgment that this invoice is correct and payable as noted. If this document is incorrect or needs more information, please follow any of these convenient reporting procedures:
1. Mail a copy of the completed discrepancy report and document in question to: Janak Global Enterprises Inc. Atn: Customer Financial Service 301 Ben Hamby Dr. Greenville, SC 29615
2. Email a scanned copy of the completed discrepancy report and document to admin@janakglobal.com
3. Report discrepancies and inquiries by phone contacting the Janak's Customer Financial Service Phone - +1 (864) 243-8470.

WARRANTIES

All products are warranted by Janak directly to the end-user of the product (and not to purchaser), on the terms of the Janak Replacement Limited Warranty, which is in effect at the time of sale of any product to the end user (the "Standard Warranty"), in the Tire Warranty Section of the Product Catalog available at www.janakglobal.com.
The purchaser is not authorized to extend any express or implied warranty other than the Standard Warranty and has no authority to do so on Janak's behalf. Janak hereby excludes and disclaims any and all warranties to purchaser, statutory, express, or implied, including without limitation any implied warranty of merchantability or fitness for any particular purpose and any warranty arising from usage of trade or course of dealing. For the avoidance of doubt, Janak makes no warranty to purchaser whatsoever consequential damages and other liabilities notwithstanding anything to the contrary contained herein, under no circumstances shall Janak or purchaser, or any companies that are affiliated with Janak or purchaser, be liable under these terms and conditions for any special damages, incidental damages or consequential damages arising directly or indirectly from the design, manufacture, installation, sale, use or repair of the product, whether based upon warranty, contract, negligence or strict liability, regardless of whether such damages were foreseeable or whether Janak or purchaser was notified of the possibility of such damages. Without limiting the generality of the foregoing, Janak and purchaser specifically disclaim any liability for property damages, penalties, special or punitive damages, damages for lost profits or revenues, downtime, lost goodwill, cost of capital, cost of substitute goods or services, or for any other types of economic loss, or for claims of Janak's or purchaser's customers or any third party for any such damages, costs or losses. In no event shall Janak's or purchaser's liability under these terms and conditions exceed the amount paid by purchaser to Janak for the products in the twelve (12) month period preceding the date on which the claim arose.

RETURNS

Janak will not accept dealer returns other than in exceptional circumstances which must be specifically approved. All products must be returned freight prepaid by dealer. Credit for such approved returns will be given at the net invoice prices less any volume bonus already credited or the current price of that Product, whichever is lower. A 10% service charge will be debited in either case, as liquidated damages and not as a penalty. Unauthorized returns will be shipped back to the dealer freight collect.

TAXES

Janak shall invoice the Purchaser for any present or future sales, excise, or other taxes, if applicable to the Products ordered, and Purchaser shall pay such taxes unless Purchaser provides an exemption certificate acceptable to the Taxing authorities.

DISPUTES

In the event of a dispute between the parties relating to these terms and conditions, the parties agree to negotiate in good faith to reach an agreement regarding such a dispute. If the parties are not able to agree after such good faith negotiations, then the parties shall engage the services of a mutually agreeable mediator to resolve such dispute. In addition, each party hereby irrevocably and unconditionally waives the right to a trial by jury in any action, suit, or proceeding relating to a dispute hereunder and any counterclaim with respect thereto.

MISCELLANEOUS

These terms and conditions and any obligations of the purchaser under these terms and conditions may not be assigned by the purchaser (including to any parties to sell products on behalf of the purchaser) without the consent of Janak, whether voluntarily, by operation of law, in the event of a change in control of the purchaser, or in connection with the sale of all or substantially all of the purchaser's assets. These terms and conditions, or any of Janak's rights hereunder, may be assigned by Janak upon notice to the purchaser. If any of the terms or conditions of these terms and conditions are held by any court of competent jurisdiction to contravene or to be invalid under the laws of any governmental body having jurisdiction over the subject matter of these terms and conditions, such contravention or invalidity shall not invalidate the rest of these terms and conditions. Instead, these terms and conditions shall be construed as if it did not contain the particular provision or provisions held to be invalid, and an equitable adjustment shall be made and necessary provisions added so as to give effect to the intention of the parties as expressed in these terms and conditions at the time of the execution of these terms and conditions and of any amendments to these