Terms and Conditions
Please read these Terms carefully and make sure that you understand them, before ordering or purchasing any Products from us. Please note that by ordering or purchasing any of our Products, you agree to be bound by these Terms and any other documents expressly referred to in them.
You should print or keep a copy of these Terms for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to order or purchase Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. Definitions.
1.1. “Customer” means the customer or any person or affiliate acting on behalf of and with authority from the customer.
1.2. “Goods” means goods supplied by Seller to Customer.
1.3. “Seller” means Frontline NA, Inc., a Delaware corporation.
1.4. “Terms” means these terms and conditions of sale.
2. Obligations.
2.1. Orders are not binding on Seller unless accepted by Seller in writing or filled by Seller. Seller may reject any order.
2.2. Customer agrees to give Seller not less than fourteen (14) days prior written notice of any proposed changes in Customer’s details, including but not limited to changes in Customer’s address or business practices.
2.3. Any instructions received by Seller from Customer for the supply of Goods and/or Customer’s acceptance of Goods supplied by Seller shall constitute acceptance of these Terms.
3. Price and Payment.
3.1. The price of the Goods shall be as quoted on Seller’s regularly published price list unless otherwise indicated by Seller. Seller’s pricing excludes all taxes, shipping, packaging, and insurance costs.
3.2. Seller may increase the price of Goods to reflect any increase in Seller’s costs, including but not limited to raw materials and components, foreign exchange fluctuations, taxes, duties, and tariffs.
3.3. Seller may make additional charges for administration on small orders.
3.4. A deposit may be required. The deposit amount will be stipulated at the time of order of the Goods and shall become immediately due and payable.
3.5. Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation, or other order form. If no time is stated then payment shall be due seven (7) days following the date of invoice.
3.6. The price shall be increased by the amount of all shipping charges, taxes, and duties which may be applicable.
3.7. Interest on overdue invoices shall accrue from the date when payment becomes due, calculated daily until the date of payment, at the rate of two percent (2%) per annum above the bank prime rate from time to time in force. Provided, the interest rate shall not exceed the maximum rate allowed by law.
4. Shipping.
4.1. If Seller provides for delivery, shipping terms shall be Free on Board (FOB) Origin, Freight Prepaid & Add, as such terms are defined according to Incoterms 2020.
4.2. If Customer chooses to pick up the Goods from Seller or provides a carrier account number for shipping, risk of loss shall pass to Customer upon pick-up by carrier, and Goods will be considered delivered upon pick-up.
4.3. By accepting delivery, Customer agrees that the Goods have arrived without any visible shipping damage. If shipping damage is noted or suspected, Customer must sign for the delivery as damaged and contact Seller immediately.
4.4. Failure to sign for the Goods as damaged and/or neglecting to contact the Seller within five (5) days of delivery voids any claim by Customer.
4.5. Seller may request photographs and other supporting documentation to validate any shipping damages claim.
4.6. Title to the Goods shall not pass to Customer until Customer has paid all amounts owed to Seller and met any and all obligations due to Seller.
5. Defects and Returns.
5.1. Customer shall, within five (5) days of delivery, notify Seller in writing of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote of the Goods. Customer shall afford Seller an opportunity to inspect the Goods within a reasonable time following delivery if Customer believes the Goods are defective in any way.
5.2. Customer must obtain an authorization number from Seller before returning any Goods. Returns must be clean, resalable, and in the original packaging.
5.3. Damages due to the misuse of the Goods will not be accepted.
5.4. If Customer wishes to return any Goods due to order cancellation or any reason other than a warranty claim, Seller may carry out a full inspection of the Goods before accepting the return.
5.5. All returns must be undamaged and unused, in original packaging, and returned to Seller, at Customer’s expense, within sixty (60) days after acceptance.
5.6. Customer can initiate the return process by completing a return form and submitting it to [email protected]. Once the return has been authorized by Seller, Customer may return the Goods to Seller for inspection.
5.7. All returned Goods are subject to a twenty percent (20%) restocking fee.
5.8. Order cancellations or modifications may also be subject to a twenty percent (20%) restocking fee and/or additional charges. Orders for custom Goods or are not cancelable, returnable, or refundable.
6. Limited Warranties and Liability.
6.1. Seller warranties the Goods against manufacturing defects and agrees to assist in the replacement or repair of the Goods if such defects are present.
6.2. If the Goods are not used correctly or in proper observance of their assembly instructions, warning labels, or disclaimers, any warranty is void.
6.3. All Goods have a twelve (12) month warranty, with the exception of one-time use Goods which have a ninety (90) day warranty. A list of one-time use Goods is available upon request. Warranty periods commence on the date of shipment.
6.4. Customer may initiate the warranty claim process by completing a warranty claim form and submitting it to [email protected].
6.5. Upon a warranty claim by Customer to Seller, Seller may require Customer to deliver additional photographs or information regarding the Goods and/or require Customer to return the Goods at Customer’s sole expense for closer inspection. Failure to provide the requested information or returned Goods in a timely manner may result in the claim being cancelled.
6.6. If Seller validates a manufacturing defect, the Goods will be repaired and/or replaced and returned to Customer at no cost. If the manufacturing defect is not validated by Seller, the Goods may be repaired and/or replaced at Customer’s expense. The final decision on warranty claims is at the sole and absolute discretion of Seller.
6.7. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, SELLER MAKES NO WARRANTIES WITH RESPECT TO ANY GOODS, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DESIGN, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SELLER DOES NOT WARRANTY AGAINST DAMAGE INCURRED FROM NORMAL WEAR AND TEAR, MISUSE, OR FREIGHT.
7. Liability and Indemnification.
7.1. Seller will not be liable to Customer or any other person, and Customer will make no claim against Seller, for any loss, liability, cost, damage, or expense (each, a “Loss”) resulting from Seller’s failure or delay in the performance of any obligation under these Terms due to events beyond its control, including, but not limited to, fire, storm, pandemics, epidemics, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdowns, stoppages or delays, shortages or failures or delays of energy, materials, components, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, or acts or regulations or priorities of the federal, state or local governments.
7.2. Seller’s aggregate liability in connection with the sale of any Goods, regardless of the form of action giving rise to such liability, will not exceed the amount actually paid by Customer to Seller for such Goods. IN NO EVENT WILL SELLER BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUE, OR LOSS OR DEPRECIATION OF GOODWILL, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. All remedies of Customer will be limited exclusively and in lieu of any and all other remedies to those contained in these Terms, whether based in breach of warranty, contract, negligence, strict liability, or any other theory.
7.3. Customer will indemnify and hold harmless Seller from each and every Loss incurred in connection with any action, claim, or proceeding commenced against Seller or to which Seller is made a party, relating in any manner to the Goods, except only to the extent it is determined that Seller’s acts or omissions have directly caused any damages to the party seeking recovery for the same.
8. General.
8.1. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, assigns, executors, and administrators; otherwise, these Terms are non-transferable.
8.2. Customer may not assign these Terms without the prior written consent of Seller.
8.3. If any portion of these Terms is void or deemed unenforceable for any reason, the unenforceable portion shall be deemed severed from the remaining portions of these Terms, which shall otherwise remain in full force.
8.4. The headings in these Terms are for reference only and do not affect the interpretation of the terms and conditions herein.
8.5. Each order and these Terms will be construed to be between merchants. Any question concerning their validity, construction, or performance will be governed by the laws of the State of Delaware. The exclusive venue for the resolution of all disputes will be the state and federal courts located in the County of Erie, State of New York, regardless of where any order was placed or filled, the place of delivery of the goods, or where any other act or performance occurred. Customer consents to the personal jurisdiction of such courts.
8.6. Unless otherwise agreed in writing by Seller, these Terms constitute the entire agreement between Customer and Seller with respect to an order, and may be modified only in writing, signed by the party or parties to be charged. In the event of a conflict between these Terms and any order or invoice, these Terms will prevail.
Terms and Conditions
Please read these Terms carefully and make sure that you understand them, before ordering or purchasing any Products from us. Please note that by ordering or purchasing any of our Products, you agree to be bound by these Terms and any other documents expressly referred to in them.
You should print or keep a copy of these Terms for future reference. We amend these Terms from time to time as set out in clause 6. Every time you wish to order or purchase Products, please check these Terms to ensure you understand the terms which will apply at that time. These Terms, and any Contract between us, are only in the English language.
1. Definitions.
1.1. “Affiliate” as to any Person means any other Person that directly or indirectly through one or more intermediaries’ controls, or is controlled by, or is under common control with, such Person. The term “control” (including, with correlative meanings, the terms “controlled by” and “under common control with” as used with respect to any Person) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such Person whether through ownership of voting securities, by contract or otherwise.
1.2. “Customer” means the customer or any person or affiliate acting on behalf of and with authority from the customer.
1.3. “Goods” means goods supplied by Seller to Customer.
1.4. “Person” means any individual, sole proprietorship, partnership, unincorporated association, unincorporated syndicate, unincorporated organization, trust, joint venture, body corporate, a government or any department or agency thereof, and a natural person in such person’s capacity as trustee, executor, administrator or other legal representative.
1.5. “Seller” means Frontline Systems Inc., an Ontario corporation.
1.6. “Terms” means these terms and conditions of sale.
2. Obligations.
2.1. Orders are not binding on Seller unless accepted by Seller in writing or filled by Seller. Seller may reject any order.
2.2. Customer agrees to give Seller not less than fourteen (14) days prior written notice of any proposed changes in Customer’s business information, including but not limited to changes in Customer’s address or business practices.
2.3. Any instructions received by Seller from Customer for the supply of Goods and/or Customer’s acceptance of Goods supplied by Seller shall constitute acceptance of these Terms.
3. Price and Payment.
3.1. The price of the Goods shall be as set out in the quote and/or order confirmation provided to the Customer. Seller’s pricing excludes all applicable taxes, tariffs, duties, shipping, packaging, and insurance costs.
3.2. Seller may increase the price of Goods to reflect any increase in Seller’s costs, including but not limited to raw materials and components, foreign exchange fluctuations, taxes, duties, and tariffs.
3.3. Seller may make additional charges for administration on small orders.
3.4. A deposit may be required. The deposit amount will be stipulated at the time of order of the Goods and shall become immediately due and payable.
3.5. Time for payment for the Goods shall be of the essence and will be stated on the invoice, quotation, or other order form. If no time is stated then payment shall be due seven (7) days following the date of invoice.
3.6. The price shall be increased by the amount of all shipping charges, taxes, tariffs, and duties which may be applicable.
3.7. Interest on overdue invoices shall accrue from the date when payment becomes due, calculated daily until the date of payment, at the rate of two percent (2%) per annum above the Royal Bank of Canada prime rate from time to time in force. Provided, the interest rate shall not exceed the maximum rate allowed by law.
4. Shipping.
4.1. If Seller provides for delivery, shipping terms shall be Free on Board (FOB) Origin, Freight Prepaid & Add, as such terms are defined according to Incoterms 2020.
4.2. If Customer chooses to pick up the Goods from Seller or provides a carrier account number for shipping, risk of loss shall pass to Customer upon pick-up by carrier, and Goods will be considered delivered upon pick-up.
4.3. By accepting delivery, Customer agrees that the Goods have arrived without any visible shipping damage. If shipping damage is noted or suspected, Customer must sign for the delivery as damaged and contact Seller immediately.
4.4. Failure to sign for the Goods as damaged and/or neglecting to contact the Seller within five (5) days of delivery voids any claim by Customer.
4.5. Seller may require Customer to deliver photographs and other supporting documentation to validate any shipping damages claim.
4.6. Title to the Goods shall not pass to Customer until Customer has paid all amounts owed to Seller and met any and all obligations due to Seller.
5. Defects and Returns.
5.1. Customer shall, within five (5) days of delivery, notify Seller in writing of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote of the Goods. Customer shall afford Seller an opportunity to inspect the Goods within a reasonable time following delivery if Customer believes the Goods are defective in any way.
5.2. Customer must obtain an authorization number from Seller before returning any Goods. Returns must be undamaged, unused, clean, resalable, and in the original packaging.
5.3. Damages due to the misuse of the Goods will not be accepted.
5.4. If Customer wishes to return any Goods due to order cancellation or any reason other than a warranty claim, Seller may carry out a full inspection of the Goods before accepting the return.
5.5. All returns must be undamaged, unused, clean, resalable, in original packaging, and returned to Seller, at Customer’s expense, within sixty (60) days after acceptance.
5.6. Customer can initiate the return process by completing a return form and submitting it to [email protected]. Once the return has been authorized by Seller, Customer may return the Goods to Seller for inspection.
5.7. All returned Goods are subject to a twenty percent (20%) restocking fee.
5.8. Order cancellations or modifications may also be subject to a twenty percent (20%) restocking fee and/or additional charges. Orders for custom Goods are not cancelable, returnable, or refundable.
6. Limited Warranties and Liability.
6.1. For the period provided for in Section 6.3, Seller warranties the Goods against manufacturing defects and agrees to assist in the replacement or repair of the Goods if such defects are present.
6.2. If the Goods are not used correctly or in proper observance of their assembly instructions, warning labels, or disclaimers, any warranty is void.
6.3. All Goods have a twelve (12) month warranty, with the exception of one-time use Goods which have a ninety (90) day warranty. A list of one-time use Goods is available upon request. Warranty periods commence on the date of shipment.
6.4. Customer may initiate the warranty claim process by completing a warranty claim form and submitting it to [email protected].
6.5. Upon a warranty claim by Customer to Seller, Seller may require Customer to deliver additional photographs or information regarding the Goods and/or require Customer to return the Goods at Customer’s sole expense for closer inspection. Failure to provide the requested information or returned Goods in a timely manner may result in the claim being cancelled.
6.6. If Seller validates a manufacturing defect, the Goods will be repaired and/or replaced and returned to Customer at no cost. If the manufacturing defect is not validated by Seller, the Goods may be repaired and/or replaced at Customer’s expense. The final decision on warranty claims is at the sole and absolute discretion of Seller.
6.7. EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER DOES NOT WARRANT THAT THE GOODS WILL MEET ALL OF CUSTOMER’S REQUIREMENTS.
EXCEPT AS PROVIDED IN THIS AGREEMENT, THE GOODS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SELLER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE GOODS, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR ANY PURPOSE, DESIGN, OR NON-INFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. SELLER DOES NOT WARRANTY AGAINST DAMAGE INCURRED OR FROM NORMAL WEAR AND TEAR, MISUSE, OR FREIGHT.
7. Liability and Indemnification.
7.1. Seller will not be liable to Customer or any other person, and Customer will make no claim against Seller, for any loss, liability, cost, damage, or expense (each, a “Loss”) resulting from Seller’s failure or delay in the performance of any obligation under these Terms due to events beyond its control, including, but not limited to, fire, storm, pandemics, epidemics, flood, earthquake, explosion, accident, acts of the public enemy, wars, riots and public disorder, sabotage, strikes, lockouts, labor disputes, labor shortages, work slowdowns, stoppages or delays, shortages or failures or delays of energy, materials, components, supplies or equipment, transportation embargoes or delays, acts of God, breakdown in machinery or equipment, or acts or regulations or priorities of the federal, provincial or municipal governments.
7.2. SELLER’S AGGREGATE LIABILITY IN CONNECTION WITH THE SALE OF ANY GOODS, REGARDLESS OF THE FORM OF ACTION GIVING RISE TO SUCH LIABILITY, WILL NOT EXCEED THE AMOUNT ACTUALLY PAID BY CUSTOMER TO SELLER FOR SUCH GOODS. IN NO EVENT WILL SELLER BE LIABLE FOR ANY EXEMPLARY, SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOST REVENUE, OR LOSS OR DEPRECIATION OF GOODWILL, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IT COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THESE TERMS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR PROCEEDING INCLUDING BUT NOT LIMITED TO, BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THESE TERMS OR OF ANY REMEDY CONTAINED HEREIN.
7.3. Customer shall defend, indemnify and hold Seller and its Affiliates and each of their employees, officers, directors, shareholders, contractors and agents harmless from any and all claims, liabilities, losses, damages, expenses, or causes of action, including, without limitation reasonable legal fees and expenses, arising out of or related to any breaches of these Terms by Customer.
8. General.
8.1. These Terms shall be binding upon and inure to the benefit of the parties and their respective heirs, assigns, executors, and administrators; otherwise, these Terms are non-transferable.
8.2. Customer may not assign or transfer these Terms or his, her or its rights and obligations hereunder without the prior written consent of Seller.
8.3. If any portion of these Terms is determined to be invalid or deemed unenforceable for any reason, the invalid or unenforceable portion shall be superseded by a valid, enforceable provision that closely matches the intent of the original provision and the invalid or unenforceable provision shall be deemed severed from the remaining portions of these Terms, which shall otherwise remain in full force. No failure or delay by either party in exercising any right, power, or remedy under these Terms, except as specifically provided herein, shall operate as a waiver of any such right, power or remedy. Any rights not expressly granted herein are reserved to Seller.
8.4. The headings in these Terms are for reference only and shall not affect the interpretation of the terms and conditions herein.
8.5. These Terms shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein. Process may be served on Customer or Seller in the manner set forth in these Terms for the delivery of such notices or such other method as authorized by applicable law or court rule.
8.6. No action arising out of any breach or claimed breach of these Terms or the transactions contemplated by these Terms may be brought by either party more than one (1) year after the cause of action has come to the attention of the injured party. For the purposes of these Terms, a cause of action will be deemed to have accrued when a party knew or reasonably should have known of the breach or claimed breach.
8.7. Unless otherwise agreed in writing by Seller, these Terms constitute the entire agreement between Customer and Seller with respect to the Goods and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between Customer and Seller with respect to the Goods. These Terms may be modified only in writing, signed by the party or parties to be charged. In the event of a conflict between these Terms and any order or invoice, these Terms will prevail.
8.8. Customer agrees that no joint venture, partnership, employment, or agency relationship exists between the Customer and Seller as a result of these Terms. Seller’s performance of these Terms is subject to existing laws and legal process, and nothing contained in these Terms is in derogation of Seller’s right to comply with law enforcement requests.
Privacy Policy
Who We Are
Frontline (‘we’ or ‘us’ or ‘our’) gather and process your personal information in accordance with this privacy notice and in compliance with the relevant data protection Regulation and law. This notice provides you with the necessary information regarding your rights and obligations, and explains how, why and when we collect and process your personal data.
Information That We Collect
Frontline processes your personal information to meet our legal, statutory and contractual obligations and to provide you with our products and services. We will never collect any unnecessary personal data from you..
How We Use Your Personal Data (Legal Basis for Processing)
Frontline takes your privacy very seriously and will never disclosure, share or sell your data without your consent, unless required to do so by law. We only retain your data for as long as is necessary and for the purposes specified in this notice. Where you have consented to us providing you with promotional offers and marketing, you are free to withdraw consent at any time. The purposes and reasons for processing your personal data are detailed below:
- We collect your personal data in the performance of a contract or to provide a service and to ensure that orders are completed and can be sent out to your preferred address
- We collect and store your personal data as part of our legal obligation for business accounting and tax purposes
Your Rights
You have the right to access any personal information that Frontline processes about you and to request information about: –
- What personal data we hold about you
- The purposes of the processing
- The categories of personal data concerned
- The recipients to whom the personal data has/will be disclosed
- How long we intend to store your personal data for
- If we did not collect the data directly from you, information about the source
If you believe that we hold any incomplete or inaccurate data about you, you have the right to ask us to correct and/or complete the information and we will strive to update/correct it as quickly as possible; unless there is a valid reason for not doing so, at which point you will be notified.
You also have the right to request erasure of your personal data or to restrict processing in accordance with data protection laws, as well as to object to any direct marketing from us and to be informed about any automated decision-making that we use.
If we receive a request from you to exercise any of the above rights, we may ask you to verify your identity before acting on the relevant request; this is to ensure that your data is protected and kept secure.
Sharing and Disclosing Your Personal Information
We do not share or disclose any of your personal information without your consent, other than for the purposes specified in this notice or where there is a legal requirement. Frontline use some third-parties to provide the below services and business functions, however all processors acting on our behalf only process your data in accordance with instructions from us and comply fully with this privacy notice, the data protection laws and any other appropriate confidentiality and security measures. We share your personal data with the following categories:
Insurance
For insurance and legal purposes, we will share your personal data with our insurance companies when required to do so. This includes supplying personal data under the requirements of our contract with the insurance company or in relation to a claim that we make or receive.
Safeguarding Measures
Frontline takes your privacy seriously and we take every reasonable measure and precaution to protect and secure your personal data. We work hard to protect you and your information from unauthorised access, alteration, disclosure or destruction and have several layers of security measures in place, including:
SSL, encryptions, pseudonymisation, practices, password WFA authentication
Consequences of Not Providing Your Data
You are not obligated to provide your personal information to Frontline, however, as this information is required for [us to provide you with our services/deliver your products], we will not be able to offer some/all of our products or services without it.
Lodging A Complaint
Frontline only processes your personal information in compliance with this privacy notice and in accordance with the relevant data protection laws. If, however you wish to raise a complaint regarding the processing of your personal data or are unsatisfied with how we have handled your information, you have the right to lodge a complaint with the supervisory authority.
Changes to our privacy notice
Frontline may change this notice from time to time. All changes will be posted and updated here. We will notify you directly by email (if we hold one for you) if any significant changes occur. We advise you to check back here frequently to review the most current version of this notice.
This Statement was last updated on 2020-04-18.
Cookie Policy
Introduction
This Cookie Policy explains what a cookie is, how we use them and how you can change your preferences.
WHAT IS A COOKIE?
A “cookie” is a piece of information that is stored on your computer’s hard drive and which records how you move your way around a website so that, when you revisit that website, it can present tailored options based on the information stored about your last visit. Cookies can also be used to analyse traffic and for advertising and marketing purposes.
Cookies are used by nearly all websites and do not harm your system.
If you want to check or change what types of cookies you accept, this can usually be altered within your browser settings. You can block cookies at any time by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.
HOW DO WE USE COOKIES?
We use cookies to track your use of our website. This enables us to understand how you use the site and track any patterns with regards how you are using our website. This helps us to develop and improve our website as well as products and / or services in response to what you might need or want.
Cookies are either:
- Session cookies: these are only stored on your computer during your web session and are automatically deleted when you close your browser – they usually store an anonymous session ID allowing you to browse a website without having to log in to each page but they do not collect any personal data from your computer; or
- Persistent cookies: a persistent cookie is stored as a file on your computer and it remains there when you close your web browser. The cookie can be read by the website that created it when you visit that website again. [We use persistent cookies for Google Analytics.]
Cookies can also be categorised as follows:
- Strictly necessary cookies: These cookies are essential to enable you to use the website effectively, such as when buying a product and / or service, and therefore cannot be turned off. Without these cookies, the services available to you on our website cannot be provided. These cookies do not gather information about you that could be used for marketing or remembering where you have been on the internet.
- Performance cookies: These cookies enable us to monitor and improve the performance of our website. For example, they allow us to count visits, identify traffic sources and see which parts of the site are most popular.
- Functionality cookies: These cookies allow our website to remember choices you make and provide enhanced features. For instance, we may be able to provide you with news or updates relevant to the services you use. They may also be used to provide services you have requested such as viewing a video or commenting on a blog. The information these cookies collect is usually anonymised.
Shipping.
If Seller provides for delivery, shipping terms shall be Free on Board (FOB) Origin, Freight Prepaid & Add, as such terms are defined according to Incoterms 2020.
If Customer chooses to pick up the Goods from Seller or provides a carrier account number for shipping, risk of loss shall pass to Customer upon pick-up by carrier, and Goods will be considered delivered upon pick-up.
By accepting delivery, Customer agrees that the Goods have arrived without any visible shipping damage. If shipping damage is noted or suspected, Customer must sign for the delivery as damaged and contact Seller immediately.
Failure to sign for the Goods as damaged and/or neglecting to contact the Seller within five (5) days of delivery voids any claim by Customer.
Seller may request photographs and other supporting documentation to validate any shipping damages claim.
Title to the Goods shall not pass to Customer until Customer has paid all amounts owed to Seller and met any and all obligations due to Seller.
Defects and Returns.
Customer shall, within five (5) days of delivery, notify Seller in writing of any alleged defect, shortage in quantity, damage, or failure to comply with the description or quote of the Goods. Customer shall afford Seller an opportunity to inspect the Goods within a reasonable time following delivery if Customer believes the Goods are defective in any way.
Customer must obtain an authorization number from Seller before returning any Goods. Returns must be clean, resalable, and in the original packaging.
Damages due to the misuse of the Goods will not be accepted.
If Customer wishes to return any Goods due to order cancellation or any reason other than a warranty claim, Seller may carry out a full inspection of the Goods before accepting the return.
All returns must be undamaged and unused, in original packaging, and returned to Seller, at Customer’s expense, within sixty (60) days after acceptance.
Customer can initiate the return process by completing a return form and submitting it to [email protected]. Once the return has been authorized by Seller, Customer may return the Goods to Seller for inspection.
All returned Goods are subject to a twenty percent (20%) restocking fee.
Order cancellations or modifications may also be subject to a twenty percent (20%) restocking fee and/or additional charges. Orders for custom Goods or are not cancelable, returnable, or refundable.
Warranty
Limited Warranties and Liability.
For the period provided for in Section 6.3, Seller warranties the Goods against
manufacturing defects and agrees to assist in the replacement or repair of the Goods if such defects are present.
If the Goods are not used correctly or in proper observance of their assembly instructions, warning labels, or disclaimers, any warranty is void.
All Goods have a twelve (12) month warranty, with the exception of one-time use Goods which have a ninety (90) day warranty. A list of one-time use Goods is available upon request. Warranty periods commence on the date of shipment.
Customer may initiate the warranty claim process by completing a warranty claim form and submitting it to [email protected].
Upon a warranty claim by Customer to Seller, Seller may require Customer to deliver additional photographs or information regarding the Goods and/or require Customer to
return the Goods at Customer’s sole expense for closer inspection. Failure to provide the
requested information or returned Goods in a timely manner may result in the claim being cancelled.
If Seller validates a manufacturing defect, the Goods will be repaired and/or replaced and returned to Customer at no cost. If the manufacturing defect is not validated by Seller, the Goods may be repaired and/or replaced at Customer’s expense. The final decision on warranty claims is at the sole and absolute discretion of Seller.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, SELLER DOES
NOT WARRANT THAT THE GOODS WILL MEET ALL OF CUSTOMER’S
REQUIREMENTS. EXCEPT AS PROVIDED IN THIS AGREEMENT, THE GOODS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SELLER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE GOODS, INCLUDING ALL IMPLIED REPRESENTATIONS, WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS
FOR ANY PURPOSE, DESIGN, OR NON-INFRINGEMENT, ALL OF WHICH ARE
EXPRESSLY DISCLAIMED. SELLER DOES NOT WARRANTY AGAINST DAMAGE INCURRED OR FROM NORMAL WEAR AND TEAR, MISUSE, OR FREIGHT.