Truck Breakdown Repair 6790 Kazoo Court Mississauga, Ontario L5W 1T4 Canada

and

You (Also referred to as the "customer")

1. Statement of Evaluation:

By using this website, you are agreeing to the terms and conditions set forth in these Terms of Use and otherwise contained in this website. If you do not agree to them, please do not use this website.

Thank you for visiting our internet web site www.truckbreakdownrepair.com, each referred to in these Terms of Use as 'the Site'). These 'Terms of Use' provide the terms and conditions under which you view and use the Site, and by viewing or using the site you acknowledge having read and understood and you agree to abide by, these Terms of Use. Throughout these Terms of Use, the terms "Truck Breakdown Repair," "we," "our" and "us" refer to Truck Breakdown Repair, the owner of the Site, while "you" and "your" refer to you as the Site visitor/User. The headings in these Terms of Use are provided for convenience only, and are not to be considered in the interpretation of this document.

At any time when you visit the Site, you will be subject to the Terms of Use then posted on the Site. You are, therefore, responsible for checking the Terms of Use each time you visit the Site. Please read these Terms regularly. These Terms of Use do not limit or reduce the effect of the specific terms of any other agreement or documentation which you enter (electronically or otherwise) in relation to the use of the Site or any product or service available on the Site.

2. Changes to the Agreement:

We may amend this agreement at any time by e-mail or in writing and unless otherwise stated, all amendments will be effective immediately. This agreement may not be otherwise amended except in writing signed by both parties. Your use of Truck Breakdown Repair's services after each amendment shall constitute your acceptance of any such amendment to this or future agreements. If you do not agree to any of such changes, you may terminate your business relationship with Truck Breakdown Repair.

3. Term of the agreement:

The term of this agreement begins upon the acceptance of your application for Truck Breakdown Repair's services, and ends when terminated by either party. Either you or Truck Breakdown Repair may terminate this agreement at any time, for any reason or no reason, by giving or not giving the other party written notice of termination. In the event this agreement is terminated, you agree that all outstanding amounts will be paid as per Truck Breakdown Repair's credit terms.

4. Suspension of services:

We may from time to time without notice suspend our services or deny your access to our services during the following situations:

• During any technical failure, modification or maintenance involved in our established infrastructure provided that we will use reasonable endeavors to procure the resumption of our services as soon as reasonably practicable.
• If you fail to comply with any provision in this agreement including failing to pay charges due.
• If you do, or allow to be done, anything which in our opinion may have the effect of jeopardizing the operation of our services, until the breach (if capable of remedy) is remedied.
• Notwithstanding any suspension of our services under this clause you shall remain liable for all charges due.

If your account has been suspended or terminated, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts.

5. Customer warranties:

You warrant that:

• If you are not the customer, you have the power and authority to enter into this agreement on behalf of the customer and will indemnify Truck Breakdown Repair for any breach of this agreement by the customer.
• At the time of entering into this agreement you are not relying on any representation made by us which has not been stated expressly in this agreement, or on any descriptions or specifications contained in any other document.
• Your use of and your participation in Truck Breakdown Repair's services is provided on an "as is" and "as available" basis. Truck Breakdown Repair expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement with respect to its services.

If your account has been suspended or terminated, reactivation of your account will be completely at our discretion. If we agree to reactivate your account, we will require payment in full of all outstanding amounts.

6. Our responsibilities:

Truck Breakdown Repair agrees to provide our services to you in accordance with these terms and conditions and any special conditions agreed upon between the two parties in writing. In carrying out its services, Truck Breakdown Repair undertakes to the customer that it shall use its reasonable endeavors to undertake its services in accordance with good systematic practices and within a reasonable time frame and at all times exercising reasonable skill and care. Truck Breakdown Repair will be solely responsible for processing every service call placed by a customer, for dispatching the appropriate service mechanic and for tracking the service call from start to finish.

7. Customer responsibilities:

As an Truck Breakdown Repair customer, you agree to the following responsibilities:

• You will keep secure any account numbers, user names and passwords given to you by Truck Breakdown Repair.
• You agree to make sure everyone in your company is aware of this agreement and its terms and conditions.
• You agree to pay for the services we provide for you no matter who uses them at your company if your account number, user name and password are given at time of service call.
• You agree to make sure all information you give us is correct and complete.
• You agree that once your company has called Truck Breakdown Repair to provide a service call, your company will be responsible for any charges incurred by Truck Breakdown Repair, including the Truck Breakdown Repair service call fee, even if you cancel the service call before any work is completed.

8. Acknowledgements:

You understand that the operation of Truck Breakdown Repair and its service mechanics may not be uninterrupted or error free and may at times make errors and omissions. You agree that Truck Breakdown Repair will not be liable for any interruptions or errors in its service. You also acknowledge that Truck Breakdown Repair does not warrant or make any representations regarding the use or the results of the use of its services, in terms of its correctness, accuracy, timeliness, reliability or otherwise.

9. Relationships of the parties:

You and Truck Breakdown Repair are independent companies, and nothing in this agreement creates any partnership, joint venture, agency, franchise, sales representative or employment relationship between you and Truck Breakdown Repair. You understand that you do not have authority to make or accept any offers or make any representations on behalf of Truck Breakdown Repair. Nothing in this agreement shall be construed to grant you any right, interest in or license to the services offered by Truck Breakdown Repair.

10. User names and passwords:

Upon approval of your application, Truck Breakdown Repair will issue you an account number, user name and password which will enable you to request our services. This account number, user name and password must be given to our customer service representative every time you request our services. You are responsible for maintaining the confidentiality of your account number, user name and password and are fully responsible for all activities, charges and/or liabilities that occur under your account number, user name and password whether or not authorized by you. You will immediately notify Truck Breakdown Repair of any unauthorized use of your account number, user name and password or any other breach of security.

11. Publicity:

You may not create, publish nor distribute any items that reference Truck Breakdown Repair without first submitting those items to Truck Breakdown Repair and receiving written consent.

12. Warranty on services provided:

Services provided by Truck Breakdown Repair's mobile mechanics & service vans. Truck Breakdown Repair does not offer any warranty on repair services provided by its own mobile truck mechanics. However, Truck Breakdown Repair will make every effort possible to help you with any warranty issue but will in no way be responsible for any costs incurred by your company due to a warranty dispute.

Services coordinated by Truck Breakdown Repair and provided by its vendors. Warranty on services provided will be limited to the individual service provider's warranty policy which will be extended to your company directly. Truck Breakdown Repair will provide your company with all the relevant information pertaining to the individual service call. It will be your company's sole responsibility to contact the service provider involved to resolve the warranty issue. Truck Breakdown Repair will make every effort possible to help you with any warranty issue but will in no way be responsible for any costs incurred by your company due to a warranty dispute.

13. Publicity:

You agree to release, indemnify, defend and hold harmless Truck Breakdown Repair , its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims brought in bad faith or without legal merit), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise)(collectively, "claims") due to or arising out of your use of our services. Truck Breakdown Repair reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

14. Limitation of liability:

You acknowledge and agree that Truck Breakdown Repair will not be liable, under any circumstances, for any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if Truck Breakdown Repair has been advised of the possibility of such damages. In no event shall Truck Breakdown Repair's maximum aggregate liability exceed the total amount paid by you for the services.

15. Entire Agreement Severability:

Unless otherwise specified in these Terms of Use, this agreement constitutes the entire agreement between you and Truck Breakdown Repair with respect to the Site and supersedes all prior or communications and agreements (whether oral, written, or electronic) between you and Truck Breakdown Repair with respect to the Site. If any part of these Terms of Use is held invalid or unenforceable, the remainder of these Terms of Use will remain in full force and effect.

16. Uncontrollable circumstances:

Truck Breakdown Repair's performance under this agreement shall be excused to the extent that its performance is hindered delayed or made commercially impractical by causes beyond its reasonable control.

17. Service call cancellation charges:

You acknowledge that if you have submitted a service call and Truck Breakdown Repair begins its dispatch process, you will be charged cancellation fees if you cancel your service call.

18. Applicable laws:

Both parties hereby agree that this agreement shall be interpreted and governed by the laws of Ontario and the applicable laws of Canada herein, without regard to its conflict of law provisions. Furthermore, both parties hereby elect to submit to the exclusive jurisdiction of the courts of the province of Ontario in respect of any action or proceeding arising out of or related to this agreement without prejudice however to the rights of Truck Breakdown Repair to obtain any protective proceedings such as an injunction from any competent court having jurisdiction.

19. Dispute resolution:

Truck Breakdown Repair and the customer shall in good faith attempt to negotiate a settlement to any dispute between them arising out of or in connection with this agreement. If any such dispute cannot be resolved in good faith, the dispute may, by agreement between Truck Breakdown Repair and the customer, be referred to mediation.

All Claims, and any dispute or controversy between you and Truck Breakdown Repair, whether arising out of or relating to the use of the site, the goods or services provided by or through the site or Truck Breakdown Repair, or any acts or omissions for which you may contend Truck Breakdown Repair is liable, including but not limited to any claim or controversy as to arbitrability, (collectively "Disputes") will be finally and exclusively settled by arbitration under the Ontario Arbitration Act, as amended or replaced, such arbitration occurring in Mississauga, Ontario and conducted under the ADR Institute of Canada, Inc. "National Arbitration Rules," as amended or replaced, such arbitration to occur in Mississauga, Ontario and be conducted and decided by a single neutral arbitrator, chosen by the parties mutually or, if the parties cannot agree upon a mediator within 21 days following either party notifying the other of its intent to arbitrate, each party will appoint an arbitrator of its choice and such arbitrators will, between them, choose a single arbitrator who shall then conduct the arbitration as described herein. The decision of the arbitrator, or of a majority of the arbitrators if more than one is appointed, will be final and binding. Each party will bear its own costs plus one-half of the arbitration costs, including without limitation arbitrator's fees and arbitration site rental fees, on an ongoing basis, but the prevailing party will be entitled to recover all of its costs reasonably incurred in relation to the arbitration and of any related judicial proceeding, including reasonable legal counsel fees.

Despite the paragraph above, the arbitrator of any Dispute will not have the power to award damages that exceed the lesser of actual compensatory damages or the limits indicated in these Terms of Use or any other specific terms contained in any secondary or other agreement between Truck Breakdown Repair and you.