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| Wednesday, September 08, 2010 | FAQ | Privacy Policy | Terms of Use | Terms of Sale | Contact Us |
| Terms of Sale | |
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The following terms and conditions (the “Terms”) govern the sale by CanadianCostCutters.com to you (the “Customer”) of the products and services (the "Products") offered for sale by CanadianCostCutters.com. By accepting delivery of the Products described on a purchase order, Customer agrees to be bound by and accepts these Terms. 1. Other Documents. These Terms may not be altered, supplemented, or amended by the use of a Customer purchase order or similar Customer document. Any attempt by Customer to alter, supplement or amend this document or to enter into an order for Product(s) that is subject to additional or altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and CanadianCostCutters.com. CanadianCostCutters.com may change these terms and conditions as they relate to future sales or deliveries at any time without prior notice. 2. Governing Law. These Terms will be governed by and construed in accordance with the laws of the Province of Manitoba and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. All disputes, controversies or claims arising out of or in connection with these Terms shall be submitted to and be subject to the jurisdiction of the courts of the Province of Manitoba. The parties submit and attorn to the exclusive jurisdiction of the courts of the Province of Manitoba to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with these Terms. 3. Privacy Policy. By submitting an order for products and services from CanadianCostCutters.com, the Customer consents to the collection and use of personal information as described in our privacy policy published on the CanadianCostCutters.com web site. CanadianCostCutters.com reserves the right to amend its privacy policy from time to time by posting the updated policy on its web site. The Customer agrees to review the privacy policy each time it submits an order for products or services. 4. Orders; Prices; Payment Terms; Interest. Orders are not binding upon CanadianCostCutters.com until accepted by CanadianCostCutters.com in writing. The prices for the Products shall be as set forth in CanadianCostCutters.com's website as at the time of acceptance of an order by CanadianCostCutters.com. Prices for Products shall be subject to change without any further notice. Credit terms are within CanadianCostCutters.com's sole discretion, and unless otherwise specified in CanadianCostCutters.com's invoice, payment must be received by CanadianCostCutters.com prior to CanadianCostCutters.com's acceptance of an order. Payment for the Products will be made by a credit card accepted by CanadianCostCutters.com, money order, or personal cheque. If credit terms have been agreed to by CanadianCostCutters.com, invoices are due and payable within thirty days after the date of the invoice. Customer agrees to pay interest on all amounts past due at a rate of 18 per cent per annum. NSF Fee? 5. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on CanadianCostCutters.com's invoice(s). The Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on CanadianCostCutters.com's net income. If applicable, a separate charge for taxes will be shown on CanadianCostCutters.com's invoice. 6. Title. Title to Products passes from CanadianCostCutters.com to Customer at the time the Products leave CanadianCostCutters.com's Canadian warehouse. Customer shall be responsible for all loss or damage to the Products that occurs during shipping. Ship dates are estimates only. CanadianCostCutters.com is not liable for delays in shipment or failure to ship by the estimated ship date. 7. Warranties. THE MANUFACTURER OF EACH PRODUCT IS SOLELY RESPONSIBLE FOR ANY WARRANTY ASSOCIATED WITH A PRODUCT. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANADIANCOSTCUTTERS.COM DISCLAIMS ANY WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, IN RESPECT OF THE PRODUCTS AND SERVICES CONTEMPLATED BY THESE TERMS AND CONDITIONS INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CANADIANCOSTCUTTERS.COM’S RESPONSIBILITY FOR CLAIMS IN RESPECT OF THE PRODUCTS IS LIMITED TO REPLACEMENT OF THE PRODUCT. 8. Return Policy. Insert Return Policy Here. No refunds will be issued by cash, cheque, or credit card. Refunds will be issued by in-store credit only. 9. Exchanges. From time to time, CanadianCostCutters.com may, in its sole discretion, exchange and replace a Product, in the event of damage or defect of the Product. Any exchanges will be made in accordance with CanadianCostCutters.com's exchange policies in effect on the date of the exchange. 10. Products. CanadianCostCutters.com may revise and discontinue Products at any time without prior notice. 11. Limitation of Liability. CANADIANCOSTCUTTERS.COM DOES NOT ACCEPT ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANADIANCOSTCUTTERS.COM WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER LOSS OR DAMAGE RELATING IN ANY WAY TO PRODUCTS OR SERVICES, WHETHER DIRECT OR CONSEQUENTIAL, SPECIAL, INDIRECT OR PUNITIVE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSES OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, OR DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT INCLUDING, WITHOUT LIMITATION, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM. 12. Exports. The Customer acknowledges that the Products sold hereunder are subject to applicable export control laws and regulations. 13. Entire Agreement. Customer agrees that these Terms and any document incorporated by reference or referred to herein constitute the entire agreement between Customer and CanadianCostCutters.com pertaining to the subject-matter of these terms and conditions, and supersedes, terminates and otherwise renders null and void any and all prior agreements, understandings, negotiations, contracts, proposals or requests for proposals, whether written or oral, between Customer and CanadianCostCutters.com. In the event of a conflict between these terms and conditions of sale and any of the documents incorporated by reference or referred to herein, these terms and conditions of sale shall govern. 14. Severability. The invalidity or unenforceability of any provision of these terms and conditions shall not affect the validity or enforceability of any other provision hereof and any such invalid or unenforceable provision shall be deemed to be severable. 15. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom. 16. Force Majeure. CanadianCostCutters.com shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control. |
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