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TERMS AND CONDITIONS

H&F International Limited

The Customer represents that it has reviewed these Terms and Conditions prior to engaging the Services, fully understands the contents, and irrevocably agrees to be bound hereby.

The Services are subject to these Terms and Conditions. Copies of the Terms and Conditions can be found on our website, at our reception desk, or delivered via email upon request. 

Please read the following carefully before making a bid, listing an item for sale, or otherwise engaging the Services. 

Participating in the Services is confirmation of your full understanding and acceptance of these Terms and Conditions along with your agreement to be so bound.

H&F may amend these Terms and Conditions at any time, from time-to-time, without warning or notice, by posting the amended version to its website.

1. Definitions

“Bidding Platform” means Bidspotter, and ProxiBid . 

“Buyer” means a Customer who uses the Services to submit a bid, offer, or purchase a Lot. 

“Customer” means any party that utilizes the Services, and includes, without limitation, an individual, sole proprietorship, partnership, unincorporated association, unincorporated organization, trust, body corporate, limited liability company, and a natural person in his or her capacity as trustee, executor, administrator or other legal representative. Any reference herein to “you” or “your” refers to the Customer. 

“H&F” means H & F International Limited an Extra-Provincial Corporation registered to carry on business in the Province of Nova Scotia, and any affiliates thereof. Any references herein to “we” or “us” refer to H&F.

“Lot” means any item, or group of items, marked as a “Lot”, and offered for sale by a Seller. 

“Reserve Price” the minimum price established by the Seller at which the Lot can be sold.

“Seller” means a Customer who uses the Services to offer a Lot for sale or sell a Lot. 

“Services” are the auction services provided by H&F in order to facilitate the exchange of Lots between  Buyers and Sellers. .

2. Auction Schedule
1. Lots are offered for sale at 10:30am (Atlantic Time) on Wednesday and scheduled to close at 10:30am on the seventh day thereafter. 
2. Each auction of Lots will have a scheduled start and an end time. Despite the scheduled times, an auction may be ended at any time in H&F’s absolute and unfettered discretion, including, without limitation, when a “Buy it Now” bid has been received. 
3. H&F reserves the right, in its sole discretion, to suspend, cancel, or extend an auction at any time, as it sees fit. 
4. Lot’s that have met the Reserve Price at the scheduled close will end at that time, and be invoiced accordingly to the successful bidder. 
5. A Lot may be sold subject to a Reserve Price. H&F is not obligated to advertise or disclose the Reserve Price, and in most circumstances, will not do so. 
6. If the Reserve Price is not met the Seller will not be obliged to sell the Lot, and neither the Buyer or Seller will have any recourse as against H&F.  
7. If the Reserve Price is met on a Lot H&F reserves the right to reduce the end time for any Lot to 10 minutes, without prior warning or notice, and invoice the successful bidder accordingly once the Lot has ended.
3. Service Fees
1. A buyer’s premium is applied to all Lots in the amount of 15% of the sale price of the Lot + HST (15%) (the “Buyer’s Premium”).
4. Bidding
1. All bids submitted by a Buyer are valid even if the Reserve Price is not met. Such cases are treated as provisional bids and are binding on the Buyer if accepted by the Seller. 
2. If a Buyer has been outbid on a Lot, and that Lot, for whatever reason, is not subsequently sold, H&F may contact the next highest bidder within a 24hr period and offer the Lot to them at the bid price they submitted. 
3. H&F may add to a Lot’s description under the “auctioneer notes” in the description of a particular Lot. The Buyer is responsible to review this prior to bidding. 
4. All bids must be provided through the Bidding Platform. 
5. Only  bids provided through the Bidding Platform will be accepted. Do not contact H&F directly to place a bid
6. H&F is entitled to rely on the genuineness, validity, and authenticity of any bid received. By placing a bid the Buyer warrants that it has the legal right to make such a bid and to enter into any corresponding transaction. By placing a bid the Buyer acknowledges and understands that they are agreeing to enter into a legally binding transaction for the purchase of the Lot. By placing a bid the Buyer is warranting that it can fulfil all terms and conditions required to complete the transaction of the Lot bid on.  
7. Once a Buyer submits its bid it may not be retracted without proper communication to H&F. If a Buyer wishes to retract its bid, prior to the Lot closing, it must communicate this to H&F within a reasonable amount of time that would allow H&F, acting in accordance with industry standards, to process such request. 
8. H&F does not accept any liability of any nature as a result of any failure by the Bidding Platform. Without limitation this may include their failure to provide accurate information regarding your bid, failure to communicate with you regarding your bid/ the status of your bid, inaccurate information regarding a Lot, or any faults, operational failures, or service failures of their website and software. 
9. H&F reserves the right, in its sole and unfettered discretion, to refuse any bid placed by a Buyer. H&F will receive such bid from the Bidding Platform, but will contact the Buyer directly if the bid is refused. H&F will also endeavour to advise the Bidding Platform that it has refused the bid. 
10. The Buyer must complete the bid if the Lot has closed and H&F deems it to be the successful bidder.
11. H&F will settle any dispute relating to a l bid in its sole and absolute discretion, and is not obliged to give any reasons or rationale for its decision.
12. If a bid is placed from a Buyer’s account H&F is entitled to treat it as a bid of that Buyer. Customers are responsible for keeping account details secure and safe and agree that they will not advance any sort of defence that a bid from their account was made without proper authority. 
13. By submitting a bid on a Lot the Buyer acknowledges and agrees that if they have placed the highest bid (and such bid equals or exceeds the Reserve Price (if applicable) or bids a “Buy it Now” price (if applicable)), a binding contract of sale for the Lot will be formed between the Buyer and Seller.
14. Any contract to buy a Lot will be made directly between the Buyer and the Seller. H&F will not be a party to or have any liability of whatever nature under such contract. The sale contract between the Buyer and Seller will include the relevant parts of these Terms and Conditions and all applicable laws governing purchase an sale.
15. After a bid is received H&F reserves the right to request a deposit of $500 from such Buyer. If the bid is successful, then the deposit will be applied and set off against any amount owed for the Lot. If your bid is not successful, subject to any instructions you may provide in writing, we will return the deposit to you in full within 48 hours of the Lot closing.
16. The Bidding Platforms are responsible for keeping you updated as to the status of your bid. Including letting you know if someone has put in a bid which is higher than a bid made by you. If you have been successful in your bid, you will be notified of this by the Bidding Platform. We will also contact you if your bid is successful to provide you with our invoice and information about when to collect the lot, as set out in these Terms and Conditions.
17. Title to the Lot purchased shall not pass to the Buyer until it has made payment in full of any and all amounts outstanding, and collected the Lot. 
18. Until title to the Lot passes to the Buyer, the Lot shall remain the property of the Seller.
19. If a lot is marked “Buy it now” and the Buyer bids the “Buy it now” price within the timescales shown on the website page for the Lot on the Bidding Platform, then unless another bidder has already bid the “Buy it now” price, and the Lot is in the process of closing, the Buyer’s bid will be the winning bid. 
20. If the Buyer opts to “Buy it now”, it may not be deemed to be a sale at auction. However, these Terms and Conditions shall apply in their entirety, to the maximum extent permissible by law. 
5. Viewing’s
1. Viewing’s are available up until the earlier of the closing of a Lot, or 48 hours prior to the scheduled close of a Lot. 
2. Viewings are strictly by appointment only. Customer must call ahead to arrange a viewing before traveling. Those without an appointment will be turned away. 
3. H&F will arrange for physical inspections of a Lot that is on site, provided that the Customer makes an appointment. Such an inspection shall be limited in its scope and the parameters of the inspection shall be entirely at H&F’s discretion. Other than with our consent, such inspection may not take place within 48 hours of the time that a Lot is scheduled to end. 
4. If a Lot is “in transit” the Customer can inquire as to the availability of an inspection report. 
5. The Buyer specifically acknowledges and agrees that it has had a reasonable opportunity to inspect the Lot prior to bidding, and that it is the sole responsibility of the Buyer to assess the quality and merchantability of the goods, fitness for purpose, and that the Lot matches its description. 
6. By viewing the Lot prior to bidding the Buyer represents and warrants that it is satisfied as to the quality of goods, merchantability, fitness for purpose, and that the Lot matches its description. 
7. Enquires/Viewing’s Number: 902 - 403- 0920 
6. Collection of Lots
1. The Buyer has 5 calendar days to collect the Lot once the invoice has been issued. Time for collection is of the essence.
2. “On Site” means that a Lot is physically on site at the collection facility. This means your Lot can be booked in for collection as soon as all applicable payments are made. 
3. “In transit to our main collection facility” or “At a Vendors Location” means that the Lot is not at the main collection facility prior to sale. Such Lots may take up to 30 business days to be available for collection. In some cases it will read under auctioneer notes "A collection date can be arranged passed a certain date but it cannot be arranged before this certain date”.
4. In some cases Sellers from outside Canada may list Lots to be sold in Canada. Once a Lot of this nature is sold, the Seller will ship the Lot to the main collection facility. These Lots will state “In Transit” under the auctioneer notes. These deliveries can take up to 90 business days to be arranged for collection. 
5. Collection of Lots is strictly by appointment only. If you come to collect without an appointment you will be turned away. 
6. If a Lot has not been collected within 5 calendar days then a one time administration charge of $100 + HST will be charged, and a $75 + HST per day charge will accrue and be payable daily until the Lot is collected. 
7. All fees and amounts payable must be paid in full before a Lot will be released by H&F.
8. Buyer shall collect the Lot solely at its own expense. Without limitation, Buyer is responsible for any removal, storage and insurance charges on any Lot for which it is the successful bidder. 
9. Seller is responsible for loss or damage (i.e. risk) to the Lot from the time that the Lot is deposited with H&F, until the time that risk transfers to the Buyer, and acknowledges that H&F, nor its officers, directors, employees, or affiliates shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in its custody or control. Seller must have appropriate insurance for the Lot in place. 
10. Buyer is responsible for loss or damage (i.e. risk) to the Lot from the time that the auction ends (or when a bid for a “Buy it now” price has been accepted), and acknowledges that H&F, nor its officers, directors, employees, or affiliates shall be responsible for any loss or damage of any kind, whether caused by negligence or otherwise, while any Lot is in its custody or control. Accordingly, we recommend that the Buyer arrange appropriate insurance for the Lot as soon as risk transfers to the Buyer.  
11. Buyer is responsible for complying with all legal requirements as to the construction, operation, and use of any Lot purchased and for obtaining all certificates, permits or other authorizations necessary before that Lot can be used. 
12. When collecting a Lot the Buyer will need to bring a proof of payment, and be wearing a high-visibility jacket while on site. Buyer agrees to comply with all relevant health and safety procedures and any reasonable directions given by us or our agents or servants.
13. Buyer agrees that if a Lot including a vehicle is not roadworthy, or does not have proper documentation to legally allow it to be driven, the Buyer will not take it away from the collection facility until it has properly addressed such matters.
14. Collection’s Number: 902-403-0920
7. Payment

When bidding on a Lot has ended H&F will issue one (1) invoice to the successful Buyer:

1. Invoice 1 of 1
1. The first invoice will be issued for the sale price of the Lot plus HST. 
1. The second Part On Your Invoice is for the Buyer’s Premium and any other fees and charges owing to H&F. 
3. Invoices will display payment details and the collection address for the Lot. 
4. H&F endeavours to send all invoices within thirty minutes of a Lot ending.
5. The date of an invoice is deemed to be the date on which the Lot ended. 
6. Applicable charges/ fees may be viewed on the Bidding Platform’s additional charges tab.
7. If the Buyer and Seller ultimately cancel the contract of sale after the Lot has closed with a successful bid, any such cancellation is subject to H&F being paid the Buyers Premium, in full, based on the price of the highest bid, prior to any such sale being cancelled. 
8. Canada
1. Customer is responsible for completing payment within 48hrs of the date on the Invoice (excluding weekends). 
2. If payment is not received within 48hrs of the date on the invoice then late payment charges accrue and are payable as follows:
1. one time administration fee of $100 + HST;
2. interest at a rate of 1.5% + HST per day on the total amount then outstanding accruing and payable daily; and 
3. a storage fee of $75 + HST per day until all outstanding payments have been made in full and the Lot has been collected.
9. United States
1. Proof of payment must be provided by the Buyer within 48hrs of the date on the Invoice (excluding weekends). 
2. Payment must be received within three business days (being days that chartered Banks in Halifax, Nova Scotia, are open for business) of the date on the Invoice (excluding weekends). 
3. If the conditions in subsections (a) and (b) above are not met, charges accrue as follows:
1. one time administration fee of $100 + HST;
2. interest at a rate of 1.5% + HST per day on the total amount then outstanding accrues and is payable daily; and 
3. a storage fee of $75 + HST per day until all outstanding payments have been made in full and the lot has been collected
10. Late payment charges are payable up to the maximum amount payable in accordance with the applicable laws, including the Criminal Code of Canada, Section 347.1. 

11. Customer is responsible for providing any information required to be on an invoice through its bidding account prior to requesting the invoice. H&F will not make any changes to an invoice without such details being present on your bidding account. 
12. Payment Details

Name of account holder: (H&F International Limited)

Name of bank: Bank Of Montreal ( BMO ) 

Account number: 1994-503

Financial institution number: 001

Transit / Branch Number: 27543 

BIC / Routing Number: 

13. Contact Details

Enquires

902-403-0920

Accounts@hfinternationalauctions.com

Accounts

902-403-0920 

Accounts@hfinternationalauctions.com

Collection’s

902-403-0920 

Marina@hfinternationalauctions.com

Auctioneer’s

902-403-1108 

Natasha@hfinternationalauctions.com 

Fred@hfinternationalauctions.com 

8. Payment Default 
1. If any amounts payable to H&F are outstanding, or there any breach of these Terms and Conditions occurs, H&F shall, at its absolute discretion, and without prejudice to any other rights, be entitled to exercise one or more of the following rights or remedies:
1. to proceed against Customer for damages for breach of contract, or the debt due under contract, which may include commencing legal proceedings against you (including any applicable legal fees);
2. to rescind the sale of any Lot sold vehicle sold to you through H&F;
3. to resell the Lot or cause it to be resold by public auction or private sale. In such cases the Customer shall pay H&F any resulting deficiency in the purchase price at the first auction (together with the Buyers Premium and any other sums due under these terms) after deduction of any part payment and addition of resale costs. Any surplus shall belong to the Seller, unless title to the vehicle has passed to Buyer, in which case the surplus shall belong to and be paid to Buyer;
4. to remove, store, and insure the Lot at your expense;
5. to charge interest and fees in accordance with these Terms and Conditions;
6. to retain any Lot sold to the Customer through H&F and not release it until all amounts outstanding have been paid in full;
7. to remove, cancel, or suspend such Customer from future Services;
8. to exercise a lien on any of the Customer’s property which is in the possession of H&F, regardless of the purpose for such possession.  
2. Customer grants H&F a continuing security interest in any property of the Customer that remains in the possession, custody, or control of H&F, wherever situate, to secure the payment of all fees, debts, liabilities, and obligations from the Customer to H&F. In addition to, and without limitation of any other rights H&F may have, H&F will be entitled to exercise any rights of a secured creditor in accordance with the applicable legislation. 
9. Services
1. H&F provides online auction facility services through which you can bid for Lots provided by third parties. The Lots being auctioned are not owned by H&F. 
2. All auctions take place online.
3. H&F acts as an auctioneer and is not acting as the agent of the Buyer or Seller. 
4. H&F is not responsible for any default by either of the Buyer or Seller.
10. Registration and Qualification to use the Services
1. Customer is required to register with H&F by completing the registration form on the website and submitting it prior to using the Services. 
2. By submitting the registration form you are making a statement, upon which H&F is entitled to rely, that you are at least 19-years of age, have obtained the age of majority in your home jurisdiction, and have full capacity and are fully capable of forming a legally binding contract at the time the Services are utilized. 
3. When registering with us on behalf of a business, you warrant that you have full and valid authority to enter into any binding agreement that arises through the business’s use of the Services, and that the business / entity will be bound thereby. 
4. Customer is responsible for ensuring that any registration details they provide are kept up to date. You must advise of any changes in registration details as soon as possible.
5. H&F may suspend, cancel, or refuse a Customer’s use of the Services in its sole and unfettered discretion.  
6. Every Buyer shall be deemed to act as principal unless H&F has received and confirmed receipt of a written acknowledgment that the Buyer is acting as agent of a named principal.
11. Customer Information 
1. The Customer grants H&F a non-exclusive, worldwide, perpetual, irrevocable, royalty-free license to use any information provided by the Customer for legitimate business purposes. Without limitation, this includes running a credit check on you or your business. 
2. All information provided by the Customer must be accurate and complete, shall not infringe any third party’s rights, shall not contain any viruses or other malicious computer programming routines, and shall not link to any other websites. 
3. Customer warrants that it has full authority and permission to provide such information.
4. Customer is solely responsible for the use of and protecting the confidentiality of any email verification number and password in connection with the website. Customer may not share any email verification number or password with or transfer them to any third parties.
5. Information is handled by H&F in accordance with applicable laws and its privacy policy, as may be amended from time-to-time. 
6. All calls received by H&F are recorded for training, monitoring, and legal purposes and by calling the Buyer agrees that any such recordings may be used for future purposes (including as evidence in a court of law). 
12. Limitation of Services
1. H&F cannot guarantee that its website will operate continuously, or without faults, or interruptions, or that it will be error free (and does not warrant the content of its website, including but not limited to, third party content). 
2. H&F excludes all liability in relation to the operation and use of its website to the fullest extent permissible by law, and does not accept any responsibility for any affect the operation of its website may have on bidding or other aspects of an auction or sale.
3. H&F’s total liability to a Customer shall not exceed the highest acceptable bid for the Lot in relation to which the Customer has suffered a loss. The following types of losses are explicitly excluded:
1. Loss of profits.
2. Loss of sales or business.
3. Loss of agreements or contracts.
4. Loss of anticipated savings.
5. Loss of use or corruption of software, data or information.
6. Loss of or damage to goodwill.
7. Indirect or consequential loss.
4. By engaging the Services to list a Lot for sale, and subject to any description to the contrary, the Seller warrants their right to sell such Lot and that the Buyer will receive quiet possession and title thereto. The Buyer shall have no recourse against H&F for a breach of this term by the Seller. 
5. It is the sole responsibility of the Buyer to inspect the Lot prior to bidding and satisfy itself that the Lot is of merchantable quality, fit for its intended purpose, and corresponds to its description. No claim will be advanced against H&F arising out of or in relation to the quality and merchantability of the Lot, fitness for purpose, or description of the Lot, if the Buyer has not taken the opportunity to inspect the Lot prior to bidding. 
6. H&F does not accept any responsibility for, and makes no warranty in regard to, a Lot being fit for the particular purpose for which it is being acquired. 
7. Customer agrees to indemnify, defend, and hold H&F harmless from and against and all liabilities, damages, losses, expenses, demands, claims, suits, or judgments, including reasonable legal fees and expenses, in any way related to or arising out of the Customer’s negligence or breach of these Terms and Conditions. 
8. H&F shall not be liable to the Buyer or Seller for any visible or latent defects in the Vehicle or any defects which have been disclosed to the Buyer prior to the completion of a sale. 
9. H&F is not responsible for errors of description or for the genuineness or authenticity of any Lot. No warranty is given by H&F in respect of any Lot (including but not limited to its state and condition). To the maximum extent permitted by law any express or implied conditions or warranties (whether statutory or otherwise) are waived by the Buyer. 
10. Lot’s containing used vehicles are subject to wear and tear and may have defects and/or flaws. It is the sole responsibility of the Buyer to review all information provided regarding the Lot before bidding, inspect the Lot, and only submit a bid if they are satisfied as to the description, condition, quality, fitness, and merchantability of the Lot. 
13. Status of Lot’s
1. Any reference to the age of a Lot in the particulars relating to it is intended to be a reference to the year of first registration of the Lot in Canada. 
2. All Lot’s are sold as is, where is, and in the actual state and condition they are in at the time they are sold.
3. Illustrations on the website and Bidding Platform are for illustration only. H&F does not make any guarantees regarding such photos, including, without limitation, that any photographs or illustrations of a Lot are accurate, or depict the entire Lot. 
4. Sometimes a Seller will not be able to provide photos for a Lot and H&F will issue the listing with example photos. Such Lots will state “example photos” under auctioneer notes. In some cases photos will be updated before a Lot ends, if additional photos are received. H&F does not warrant any example photos to be the true likeness of the Lot in question, and are strictly using them for illustrative purposes only. The number plate on a vehicle Lot being blank with no numbers or letters showing is indication of an example photo. 
5. If H&F is aware of an issue with a Lot i.e. a mechanical fault, it may (but is not obligated to) mention this next the listing of a Lot. We do not guarantee that any such listings will refer to all or any issues relating to a Lot, and give no warranty in relation to the accuracy of any comments made (and no reliance should or may be placed on them). 
6. We may indicate next to the listing of a vehicle lot for auction the mileage and/or operating hours in relation to that Lot. However, we do not warrant the accuracy of any such information and we recommend that you inspect the Lot yourself before making a bid.
14. Vehicle Disclosures and Grading 
1. On every Lot containing a vehicle there will be a grade rating i.e. Green, Amber, or Red. These are H&F’s general assessment of a vehicle Lot based on the information available to it. Grade ratings are for illustrative purposes only, and are not a warranty or guarantee of any specific description or condition of said Lot. Such ratings may not be relied upon as to the condition of the Lot. We recommend you inspect the Lot yourself before bidding.
2. Green:
1. Vehicle Lot has been assessed to have no dashboard warning lights illuminated, or any known faults from conducting a test drive on our main facility’s service road up to but not exceeding 30km/h. There are no leaks coming from the engine bay or under carriage. Vehicles gearbox selects all gears. Clutch is functioning, the vehicle runs and drives. Lot description vehicle status: Runner.
3. Amber:
1. Vehicle Lots that exceed 160,000 kilometers or are over three years of age will be assessed as Amber due to the mileage and age of the Lot. Amber Lots are assessed to have dashboard warning lights illuminated / missing dashboard warning lights. A test drive has been conducted on the main facility’s service road up to but not exceeding 30 km/h. Minor / major faults have been assessed from the engine bay, gearbox, and/or clutch. It has also been assessed to have minor / major oil leaks, coolant leaks, electronical faults or component faults mechanised or other. Vehicle runs and drives. Lot description vehicle status: Runner.
4. Red:
1. Vehicle Lot has been assessed as having major mechanical issues from the engine bay, clutch, gearbox, all components that makes the vehicle run and drive. Under this grade the Buyer will be advised to transport the vehicle away either by trailer or recovery company. This grade will also state on description vehicle status: Non-Runner. If the vehicle starts and runs with the fault present we will put the vehicle status as “Runner”. This does not mean that the vehicle will be able to be driven away as the engine will start but a major fault prevents it from driving. 
5. Mileage / Kilometers: (Verified) If a vehicle Lot states verified mileage or kms then we deem there has been no mileage discrepancy’s or mileage odometer tampering with the mileage displayed and deem it to be a true reading of mileage / kms at the time of sale.

6. Mileage / Kilometers: (Un-verified) If a vehicle Lot states un-verified mileage or kms then we deem there is a mileage discrepancy or the mileage odometer has been changed or tampered with and mileage or kms are deemed incorrect and true mileage is unknown at the time of sale.

7. If H&F is aware that a vehicle Lot has a history of accident damage / repairs then this will be located under auctioneer remarks under the category of the damage i.e. (cat b, cat c, cat d, cat n, cat s) on each Lot.

All Vehicle Lot’s have a Carfax report checking history and lien checks also these Can be Located on each lot’s photos 

1. Lot’s containing imported vehicles are deemed to have faults existing or suspected from the engine bay, gearbox, drive train, braking system and electrical system. As vehicle import’s are not registered in Canada, and are previously registered in their country of origin, they are not deemed roadworthy in Canada regardless of cosmetic condition or mechanical condition. Such imported vehicles are not registered vehicles within Canada. 
14. Contact
1. You can contact us at the following:
1. Mailing address / 3045 Robie Street, Hailfax, Nova Scotia B3K 4P6 
2. Collection address (this is where any vehicle Lot's will be unless stated otherwise): 53 Walker Street, Truro, B2N 4A8 

Email address: Accounts@hfinternationalauctions.com

Telephone number: 902-403-0920 / 902-403-1108 

16. General Terms and Conditions 
1. Compliance with Laws: Customer agrees to comply with all applicable laws, statutes and regulations concerning your use of our Services.
2. Force Majeure: We will not be in breach of these terms or otherwise liable for any delay in performance to the extent that any delay or failure is due to circumstances beyond our reasonable control and including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident
3. Invalidity: If any part of these terms is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these terms will not be affected.
4. Notices: Notice to the Customer is effective upon communicating being sent to the email address you provide us with when you register (as updated by you from time to time), and such email shall deemed to have been received at the time of transmission.
5. Interpretation:
1. Clause headings shall not affect the interpretation of these terms.
2. References to clauses are to the clauses of these terms,
3. Unless the context otherwise requires, words in the singular shall include the plural and the plural shall include the singular.
4. Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
6. Assignment: Customer may not assign any rights without the prior and express written consent of H&F. Any purported assignment of rights without the express written consent of H&F is void ab initio. 
7. Entire Agreement: These terms, together with any document expressly referred to within its provisions, contains the entire agreement between H&F and the Customer relating to the subject matter covered and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter. 
8. Waiver: No failure or delay by H&F to exercise any right or remedy provided under these Terms and Conditions or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
9. Governing Law: These Terms and Conditions will be governed by, interpreted under, construed and enforced in accordance with the laws of the Province of Nova Scotia and the federal laws of Canada applicable therein. The Customer irrevocably attorns to the jurisdiction of the Courts of the Province of Nova Scotia. 
10. Exports: If the Customer plans to export a Lot, they are responsible for ensuring it satisfies all Canadian export requirements, and all import requirements of the country in which it will be imported. H&F does not supply documentation or otherwise assist in the import and export of Lots. 
11. Currency: Unless otherwise stated all prices are in Canadian Dollars.
12. Compliance with Laws. Customer represents and warrants by utilizing the Services that it will comply with all applicable laws and regulations, and is solely responsible for doing so.