2. Use of our Website
3. Disclaimer of Warranties
We hereby disclaim, and you waive and release us from, any and all representations, guarantees and warranties of any kind whatsoever, express or implied, regarding any item displayed at or purchased through this website, including but not limited to the following: (1) that such item is merchantable, fit or suitable for any particular use or purpose; and (2) that such item conforms to specifications, industry standards or requirements promulgated by any organization or governmental entity.
4. General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes. You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
5. Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region, or jurisdiction. Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars. We reserve the right, in our sole discretion and without limitation, to refuse orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities. We do not guarantee the accuracy of the color or depiction of the products on our website. We have made efforts to ensure the color and depiction of our products are displayed as accurately as possible on our website.
6. Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
7. Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright, and other intellectual property ownership. You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content. You agree that you will not post, distribute, or share any Content on our website that is protected by copyright, trademark, patent, or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party. We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
8. Your Personal Information
9. Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law. We do not undertake to update, modify, or clarify information on our website, except as required by law.
10. Disclaimer and Limitation of Liability
You acknowledge your understanding that the items we display and sell on this website are new surplus and/or previously used. All items displayed at this site are sold as is, where is, and as depicted, with all faults, defects and imperfections acknowledged and waived by you, and without any warranties of any kind, unless otherwise specified (see Disclaimer of Warranties). This does not mean the items displayed at and sold through this site do not work. It does mean that we may have not tested the items or assessed their performance or operation, and that we therefore lack any specific knowledge concerning the condition of the items. You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations, or conditions of any kind, either express or implied, regarding information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability, or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted, or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components. The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website. In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers, or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages. Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law.
We assume no liability for the use or misuse of any item purchased, content, or service accessed through this website. You agree that by your use of this website and purchase of any item from us, you expressly warrant to us that you will have the item be installed and operated properly and by qualified personnel. You agree to defend, indemnify and hold us harmless from and against any and all losses, claims, damages, costs, and expenses, including attorney fees, arising from or related to your use of any service or item purchased from this website. You agree to defend and indemnify us, and hold us and our affiliates harmless, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
12. Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
All items purchased with the “Local Pickup” shipping option are sold on an ‘as-is’, ‘where is’ basis. Customer is responsible for arranging pickup, delivery, shipping, duties, and all other expenses incurred during pickup. We are not liable for any damage or loss of order once it has been signed over to the customer or it has left our facility. Additional fees may be applicable if the item is not picked up within 21 days. All purchases not picked up are considered abandoned after 91 days and any right to ownership by the consignee is forfeit.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
16. Governing Law
17. Questions or Concerns
Please send all questions, comments, and feedback to us at firstname.lastname@example.org