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These Terms and Conditions apply to all orders, sales, and transactions between the Buyer and Seller. By placing an order or using the Seller's website, the Buyer agrees to be bound by these Terms and Conditions, including any documents incorporated by reference. These Terms constitute the entire agreement between the Buyer and Seller and supersede any previous agreements, representations, or understandings unless specifically agreed in writing by both parties.
By placing an order, the Buyer agrees to these Terms and Conditions. No additional terms or conditions proposed by the Buyer shall modify this agreement unless expressly accepted by the Seller in writing.
The Seller warrants that new Products are free from material and workmanship defects for 12 months from the date of delivery. Used goods are sold "as-is" and carry no warranty unless otherwise specified.
2.1 The warranty does not cover:
2.2 The Buyer must provide written notice of any defect within seven (7) days of discovery. The Seller may, at its discretion, repair, replace, or refund the defective Product. The Buyer is responsible for any shipping or dismantling costs related to warranty claims.
2.3 Disclaimer of Warranties: To the extent permitted by law, all other warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose, are excluded.
The Buyer acknowledges that the Products are intended for use by qualified operators. The Seller shall not be liable for damages, injuries, or delays arising from misuse, improper operation, or unauthorized modifications of the Products.
To the maximum extent permitted by law, the Seller’s liability for any claim related to the sale or use of the Products is limited to the purchase price of the defective Product. The Seller shall not be liable for indirect, incidental, or consequential damages, including loss of profits, business interruption, or personal injury, unless such liability cannot be excluded by law.
5.1 Prices for imported goods are based on the prevailing exchange rate at the time of quotation. If exchange rates fluctuate before payment, prices may be adjusted accordingly.
5.2 Prices for importation and delivery costs (e.g., customs duties, freight, insurance) are estimates and subject to change. The Buyer shall bear any increased costs between the date of quotation and delivery.
5.3 Prices and technical specifications are subject to withdrawal or amendment before order confirmation.
6.1 Payment terms are as follows unless otherwise agreed in writing:
6.2 Payment must be made within fourteen (14) days of the invoice date. Overdue accounts will incur interest at 1.5% per month (18% annually) or the maximum rate allowed by applicable law.
6.3 In the case of partial payments, outstanding balances may be subject to price adjustments due to currency fluctuations or changes in cost factors.
7.1 Ownership of the goods remains with the Seller until full payment is received, including all applicable charges.
7.2 Risk of loss or damage transfers to the Buyer upon delivery to the agreed location. The Buyer is responsible for insuring the goods from that point.
7.3 If the Seller repossesses goods due to non-payment, the Buyer shall be liable for any shortfall between the resale value and outstanding balance, including associated recovery costs.
8.1 Delivery terms are CIF (Cost, Insurance, and Freight) to the nearest Canadian seaport unless otherwise specified. Risk of loss transfers to the Buyer at the port of destination.
8.2 Delivery dates are estimates and based on current shipping and manufacturing conditions. The Seller shall not be liable for delays due to events beyond its control.
8.3 The Seller reserves the right to adjust delivery timelines to optimize logistics efficiency.
9.1 Due to the custom nature of the Products, returns are limited. Refunds may only be granted if the Product is proven to be defective, unsuitable, or irreparable.
9.2 The Buyer must notify the Seller of any defect within seven (7) days of receipt of the Product.
The Seller retains all intellectual property rights in the Products, including designs, drawings, and software. The Buyer agrees not to copy, modify, or distribute any intellectual property without prior written consent. Confidentiality and non-disclosure obligations apply to any proprietary information shared by the Seller.
These Terms and Conditions are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada.
12.1 Any dispute arising under these Terms and Conditions shall be resolved through arbitration or litigation within the jurisdiction of Ontario, Canada, unless both parties agree otherwise in writing.
12.2 If arbitration is agreed upon, the arbitration shall be conducted in accordance with the Arbitration Act of Ontario, and the decision of the arbitrator(s) shall be final and binding.
The Seller shall not be liable for delays or failure to perform due to events beyond its control, including but not limited to natural disasters, labor disputes, government actions, war, pandemics, or transportation disruptions.
Both parties agree to maintain the confidentiality of any non-public information shared during the course of business. Disclosure is only permitted with prior written consent or as required by law.
If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Failure by the Seller to enforce any provision of these Terms shall not constitute a waiver of that provision or any other rights.
Any amendments or modifications to these Terms must be in writing and signed by both parties. Verbal agreements or modifications are not valid unless confirmed in writing.
The Buyer may not assign or transfer any rights or obligations under these Terms without the Seller’s prior written consent. The Seller may assign its rights and obligations to an affiliate or successor without notice.