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Terms & Conditions Terms and Conditions

Return and Exchange Policy: Customers responsibility to be eligible to receive a refund:

1. Customer must notify within 15 days of the original purchase date to request a (RMA) Return Merchandise Authorization number.  Please quote your invoice number and the reason for the request.

2. After receiving the RMA, customer must follow shipping information provided and return the product to address noted on RMA within 5 business days, in the original unopened packaging and in new condition.

3. Customer is responsible for risk of loss, shipping and handling fees for returning product. Additional fees may apply. If customer fails to follow the return or exchange instructions and policies provided by is not responsible whatsoever for Product that is lost or damaged.

4. Once the product is received and all of the above terms and conditions have been followed a refund for the eligible amount will be issued. Eligible refund amounts vary per product and are nonnegotiable.

Contract Price – Defined: Base price together with delivery. Buyer is responsible for taxes

Taxes: The appropriate sales or use tax shall be added at time of delivery based on tax rates in force on day of delivery by the province where the product is delivered. Sales or use tax is not included in the price on the reverse side hereof.

Variation of Conforming Goods: The goods must conform exactly to the specifications set forth in this Contract except that variation is permitted in quality or quantity if the variation does not affect the merchantability of the goods and is in accordance with usage of trade customs.

Changes, Extra, or Discrepancies on Purchase Order Provisions: Buyer may request changes or add extras. Seller shall only be bound to comply with changes or extras which have been approved by Seller and a change order signed by the Buyer or buyer’s agent. The change order shall specify the change and the contract price will be modified accordingly.

Risk of Loss-Other Liability: Buyer understands and agrees that the Seller has contracted with the carrier of the goods as described in this Contract and that the carrier shall accept risk of loss while the goods are in transit. Immediately upon arrival of the goods by the carrier and prior to unloading same, Buyer shall bear risk of loss as to any parts of the shipment, personal injury (i.e. for unloading) and any other liability which may occur. Seller shall not be responsible for spotting, switching, drayage, demurrage of other transportation charges unless agreed to in writing prior to delivery. Buyer shall hold Seller harmless from any loss, costs, claims, suits, damages, and attorney’s fees arising from any alleged real injury (including death or total destruction) to any person or property which arises out of work performed or materials supplied hereunder.

Representative’s Authority: Buyer understands and agrees that no agent, employee, or representative of Seller has authority to bind Seller to any affirmation, representation, or warranty concerning the goods sold hereunder which is set forth herein, and the Buyer further understands and agrees that any such affirmation of fact or representation made by any such agent, employee or representative which is set forth herein shall not bind Seller.

Governing Law: This Contract shall be governed by and construed according to the laws of the Province of Ontario.

Arbitration: Buyer and Seller agree that in the event of any disputes from this transaction whether in contract or tort, Buyer and Seller shall submit all matters to final and binding arbitration.

Jurisdiction and Venue: Notwithstanding the Arbitration Clause, it is agreed by and between Buyer and Seller that all disputes or other matters whatsoever arising under, in connection with or incident to the contract shall be litigated, if at all, in and before a court in Ontario, Canada to the exclusion of the courts of any other province, territory, or country. Buyer hereby waives any jurisdiction or venue objections the Buyer may have to any such action or proceeding being brought in any court located in Ontario, Canada.

Attorney Fees: In the event Buyer in any manner defaults or breaches the terms and conditions of this Contract, or threatens to do same, or in the event it becomes necessary for Seller to employ an attorney to enforce any provision of this Contract, obtain injunction relief, collect damages on account of a breach, or threatened breach of this Contract, or if Seller prevails in a tort action commenced by Buyer, Buyer shall pay to Seller, Seller’s attorney fees and costs.

Entire agreement: This writing contains the total agreement of the parties and all agreements entered into prior to or contemporaneously with the exercise of this Contract are excluded whether oral or in writing.