terms-of-sale
TERMS OF SALE
This document contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that might apply to you. Please read it carefully.
By placing an order for products or services from this website, you affirm that you are of legal age to enter into this agreement, and you accept and are bound by these terms and conditions. You affirm that if you place an order on behalf of an organization or company, you have the legal authority to bind any such organization or company to these terms and conditions.
You may not order or obtain products or services from this website if you: (i) do not agree to these terms and conditions; (ii) are not the age of majority in your province or territory of residence; or (iii) are prohibited from accessing or using this website or any of this website’s contents, products or services by applicable law.
Overview
These terms and conditions for the online sale of goods (the "Terms of Sale") apply to the purchase and sale of products and services through www.actequipment.com (the "Website"). These Terms of Sale are subject to change by A.C.T. Equipment Sales Ltd. (referred to as “A.C.T. Equipment”, "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to these Terms of Sale will be in effect immediately upon posting them on the Website. You should review these Terms of Sale before purchasing any product or services that are available through the Website. Your continued use of this Website will constitute your acceptance of and agreement to such changes.
These Terms of Sale are an integral part of the Terms and Conditions [NTD: embed link] that apply generally to the use of our Website. You should also carefully review our Privacy Policy [NTD: embed link] before placing an order for products or services through this Website.
Order Acceptance and Cancellation
You agree that your order is an offer to buy, under these Terms of Sale, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
Price and Payment Terms of Sale
All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price advertised on this Website at the time the order is placed, subject to the Terms of Sale of any promotions or discounts that may be applicable. The price charged will be clearly stated in your order confirmation email. Price increases will only apply to orders placed after the time of the increase. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your total price and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information; however, we may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
The terms and conditions of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept Visa, Mastercard, American Express, Debit for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honoured by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Website at the time of your order.
Shipments; Delivery; Title and Risk of Loss
We will arrange for shipment of the products to you. You will pay all shipping and handling charges unless otherwise specified in the order confirmation.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Return and Refunds
Except for any products designated on the Website as non-returnable, we may accept a return of the products for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within ____ business days of delivery with valid proof of purchase and provided such products are returned in their original condition and in the original manufacturer’s package with the sales receipt. To return products, you must call [NTD: telephone number] or email our returns department at [NTD: email address] to obtain a return merchandise authorization ("RMA") number before shipping your product. No returns of any type will be accepted without an RMA number.
You are responsible for all shipping and handling charges on returned items unless otherwise specified. You bear the risk of loss during shipment. We, therefore, strongly recommend that you fully insure your return shipment against loss or damage and that you use a carrier that can provide you with proof of delivery for your protection. All returns are subject to a ____% restocking fee.
Refunds are processed within approximately ____ business days of our receipt of your merchandise. Your refund will be credited back to the same payment method used to make the original purchase on the Website. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS WEBSITE AS NON-RETURNABLE.
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Manufacturer's Warranty and Diclaimers
We do not manufacture or control any of the products or services offered on our Website. The availability of products or services through our Website does not indicate an affiliation with or endorsement of any product, service, or manufacturer. Accordingly, we do not provide any conditions or warranties with respect to the products or services offered on our Website. However, the products and services offered on our Website are covered by the manufacturer's warranty as detailed in the product's description on our Website and included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.
ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY OR CONDITION WHATSOEVER. WE MAKE NO REPRESENTATIONS, PROVIDE NO INDEMINITIES (INTELLECTUAL PROPERTY OR OTHERWISE) AND, TO THE EXTENT PERMITTED BY LAW, DISCLAIM ANY AND ALL OTHER CONDITIONS OR WARRANTIES OF ANY NATURE OR KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING BY USAGE OF TRADE, COURSE OF DEALING OR PERFORMANCE. ANY DOCUMENTATION, RECOMMENDATION OR ASSISTANCE PROVIDED BY US CONCERNING THE PRODUCTS, THEIR USE, DESIGN, APPLICATION, OPERATION, OR OTHERWISE, IS FOR YOU ONLY, AND SHALL NOT BE CONSTRUED AS REPRESENTATIONS, CONDITIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND IS ACCEPTED BY YOU AT YOUR OWN RISK AND WITHOUT ANY OBLIGATION OR LIABILITY TO US. WE SHALL NOT BE LIABLE FOR INFORMATION OR DOCUMENTATION PROVIDED BY YOU OR ANY OTHER SECONDARY SOURCES AND SHALL NOT BE RESPONSIBLE FOR THE PERFORMANCE OF YOU OR ANY THIRD PARTY HEREUNDER OR OTHERWISE. IT IS YOUR SOLE RESPONSIBILITY TO DETERMINE THE SUITABILITY AND/OR QUANTITY OF THE PRODUCTS OR SERVICES TO BE PROVIDED BY US.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY OR CONDITION CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOUR ITS WARRANTY OBLIGATIONS TO YOU.
Limitation of Liability
IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR AGGRAVATED DAMAGES[, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
Good Not for Resale or Export
You represent and warrant that you are buying products or services from the Website for your own use only and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within Canada.
Privacy
We respect your privacy and are committed to protecting it. Our Privacy Policy: [NTD: insert link] governs the processing of all personal data collected from you in connection with your purchase of products or services through the Website.
Inability to Perfom
A.C.T. Equipment shall not be liable or responsible to you, or be deemed to have defaulted under or breached these Terms of Sale, for any failure or delay in fulfilling or performing any of the obligations set out in these Terms of Sale, when and to the extent A.C.T. Equipment’s failure or delay is caused by or results from acts beyond A.C.T. Equipment’s control, including, without limitation, the following events: (a) acts of God; (b) flood, fire, earthquake, epidemics, pandemics, such as the 2019 novel coronavirus pandemic (COVID-19), tsunami, earthquake, explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order, law, or action; (e) embargoes or blockades in effect on or after the date of these Terms of Sale; (f) national or regional emergency; (g) strikes, labour stoppages or slowdowns or other industrial disturbances; (h) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; (i) the inability to secure products from vendors or suppliers at reasonable prices or in sufficient amounts through usual sources of supply; and (j) other similar events beyond the reasonable control of A.C.T. Equipment.
Governing Law
All matters arising out of or relating to these Terms of Sale are governed by and construed in accordance with the laws of the British Columbia and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule.
Assignment
You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
No Waivers
The failure or delay by us to exercise or enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of A.C.T. Equipment.
No Third-Party Beneficiaries
These Terms of Sale do not and are not intended to confer any rights or remedies upon any person or entity other than you.
Notices
To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by facsimile transmission to [604-294-8131]; (ii) by personal delivery, overnight courier or registered or certified mail to [18533 97 Avenue, Surrey, BC V4N 3N9]; or (iii) by email to [[email protected]]. We may update the facsimile number, address or email address for notices to us by posting a notice on the Website. Notices provided by personal delivery will be effective immediately. Notices provided by facsimile transmission or overnight courier will be effective one business day after they are sent. Notices provided by email, registered or certified mail will be effective three business days after they are sent.
Severability
If any provision of these Terms of Sale is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from these Terms of Sale and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
Entire Agreement
Our order confirmation, these Terms of Sale, our Terms and Conditions [NTD: embed link], and our Privacy Policy [NTD: embed link] will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.
