Special Terms for Canada
1.
APPLICATION
1.1
This Annex A applies exclusively to Preorder Holders who are residents of Canada ("Canadian Consumer").
1.2
This Annex is incorporated into and forms part of the Evotrex Trailer Preorder Agreement ("Agreement").
1.3
In the event of any inconsistency or conflict between the provisions of the main body of the Agreement and this Annex A, the provisions of this Annex A shall prevail and control to the extent required by applicable Canadian federal or provincial law.
2.
LANGUAGE / LANGUE (ESSENTIAL FOR QUEBEC)
2.1
The parties acknowledge that they have required that the Agreement and all related documents be prepared in English only.
2.2
Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais seulement.
3.
STATUTORY WARRANTIES AND CONSUMER PROTECTION
3.1
Compliance with Local Law. The warranty exclusions and limitations of liability set forth in the Agreement apply to the fullest extent permitted by the laws of your jurisdiction of residence.
3.2
Modification. If applicable provincial legislation restricts the exclusion of certain implied warranties or conditions, the Agreement shall be deemed modified solely to the minimum extent necessary to comply with such legislation.
4.
LIMITATION OF LIABILITY (OVERRIDE)
4.1
Applicability. The limitations of liability in Section 12 (Limitation of Liability) of the Agreement shall not apply where prohibited by applicable law.
4.2
Preservation of Rights. Nothing in this Agreement shall operate to exclude or limit any liability that cannot be lawfully excluded or limited under the mandatory laws of your province.
5.
PRIVACY AND DATA PROTECTION (PIPEDA)
5.1
Applicable Law. For Canadian Consumers, the collection, use, and disclosure of personal information are governed by the Personal Information Protection and Electronic Documents Act (PIPEDA) and substantially similar provincial privacy laws where applicable.
5.2
Privacy Officer. If you have questions regarding the handling of your personal information or wish to exercise your rights under Canadian privacy laws, you may contact our Privacy Officer at privacy@evotrex.com.
5.3
Consent to Transfer. You acknowledge and agree that your personal information may be transferred to, processed, and stored in the United States or other jurisdictions. You understand that while your information is in another jurisdiction, it may be accessed by the courts, law enforcement, and national security authorities of that jurisdiction.
6.
DISPUTE RESOLUTION AND JURISDICTION
6.1
Local Venue. Notwithstanding Section 13 (Governing Law and Venue) of the Agreement, if you are a resident of a Canadian province that prohibits the choice of a foreign forum or foreign law for consumer contracts, then:
(a)
The laws of your province of residence and the federal laws of Canada applicable therein shall govern this Agreement; and
(b)
You may bring a dispute before the courts of your province of residence.
6.2
Arbitration. The mandatory arbitration provisions in Section 14 (Dispute Resolution and Arbitration) shall not apply to you if the consumer protection laws of your province prohibit mandatory arbitration clauses in consumer contracts. In such cases, disputes shall be resolved in the competent courts of your province.