Products, Content and Specifications
We make all reasonable efforts to display our products accurately. However, the actual colour you see will depend on your computer system and we cannot guarantee that your computer will accurately display such colours. The inclusion of any products or services in this Web Site at a particular time does not imply or warrant that these products or services will be available at any time.
Shipping Limitations
When an order is placed, it will be shipping to the address designated by the purchaser. The goods are delivered to the purchaser when we make them available to the purchaser or any agent of the purchaser or any carrier (who shall be the purchaser’s agent whoever pays its charges) at the purchaser’s premises or other delivery point agreed by us.
We may, at our discretion deliver the goods by instalments in any sequence. Where the goods are delivered in instalments, no default or failure by us in respect of any one or more instalments shall vitiate the contract in respect of the goods previously delivered or undelivered goods. We may deliver to the purchaser and the purchaser shall accept in satisfaction of the contract a lesser number than the number of goods ordered.
Any dates quoted by us for the delivery of the goods are approximate only and shall not form part of the contract and the purchaser acknowledges that in the performance expected of us no regard has been paid to any quoted delivery dates.
Accuracy of Information
We attempt to ensure that information on this web site is complete, accurate and current. Despite our efforts, the information on this web site may occasionally be inaccurate, incomplete or out of date. We make no representation as to the completeness, accuracy or currency of any information on this web site. We shall have the right to adjust our prices for any increase in the price of materials, parts, labour, transport, changes in work or delivery schedules or quantities or any other costs of any kind arising for any reason after the date of the purchaser’s order. We reserve the right, without prior notice, to limit the order quantity on any goods and/or to refuse service to any purchaser.
Contract
No contract shall come into existence until the purchaser’s order (however given) is accepted by the earliest of:- a) our written acceptance, b) deliver of the goods, and c) payment for the goods
Scope of Contract
Under no circumstances shall we have any liability of whatever kind for:
a) any defects resulting from wear and tear, accident, improper use by the purchaser or use by the purchaser except in accordance with the instructions or advice of the manufacturer of any goods or neglect or from any instructions or materials provided by the purchaser;
b) any goods which have been adjusted, modified or repaired;
c) the suitability of any goods for any particular purpose or use under specific conditions whether or not the purpose or conditions were known or communicated to the purchaser;
d) any variations in the quantities or dimensions of any goods or changes of their specifications or substitution of any materials or components, if the variation or substitution does not materially affect the characteristics of the goods, and the substituted materials or components are of a quality equal or superior to those originally specified.
Extent of Liability
We shall have no liability to the purchaser for any loss or damage of any nature arising from any breach of any express or implied warranty or condition of the contract or any negligence, breach of statutory or other duty on our part in any other way out of or in connection with the performance or purported performance of or failure to perform the contract except for death or personal injury resulting form the [company’s] negligence, and as expressly stated in these conditions.
Indemnity
If the purchaser establishes that any goods have not been delivered, have been delivered damaged, are not of the correct quantity or do not comply with their description we shall, at our option, replace with similar goods any goods which are missing, lost or damaged, or do not comply with their description, or allow the purchaser credit for their invoice value or repair any damaged goods. Replacements for such lost or damaged goods will, if available, be supplied by us at the prices ruling at the date of despatch
If the purchaser establishes that any goods are defective we shall, at our option, replace with similar goods or repair any goods, allow the purchaser credit for their invoice value or assign to the purchaser (so far as we are able to do so) any warranties given by the manufacturer of the goods to the purchaser.
On cancellation for whatever reason, the purchaser must return the goods to us at their own cost unless the goods are being returned because they are faulty, incorrect Goods or because of unsuitable substitution by us, in which case we will meet the cost of return but we ask that the purchaser allows us to nominate the carrier.
Where we are liable in accordance with this condition in respect of only some or part of the goods the contract shall remain in full force and effect in respect of the other or other parts of the goods and no set-off or other claim shall be made by the purchaser against or in respect of such other or other parts of the order.
No claim against us shall be entertained for any defect arising from any design or specification provided or made by the purchaser or if any adjustments, alterations or other work has been done to the goods.
In no circumstances shall our liability under this condition exceed the invoice value of the goods.
Revisions to these Terms and Conditions
We may revise these Terms and Conditions at any time and from time to time by updating this posting. You should visit this page from time to time to review the current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages at this web site.
Choice of Law/Jurisdiction
These Terms and Conditions supersede any other agreement between the purchaser and us to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and Conditions will be governed by and construed in accordance with the law of Canada.
