iTech Tool Technology Inc Website Terms and Conditions of Use
By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Use License
Permission is granted to temporarily download one copy of the materials (information or software) on iTech Tool Technology Inc web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on iTech Tool Technology Inc web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by iTech Tool Technology Inc at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
The materials on iTech Tool Technology Inc web site are provided “as is” iTech Tool Technology Inc makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, iTech Tool Technology Inc does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall iTech Tool Technology Inc or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on iTech Tool Technology Inc Internet site, even if iTech Tool Technology Inc or a iTech Tool Technology Inc authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
- Revisions and Errata
The materials appearing on iTech Tool Technology Inc web site could include technical, typographical, or photographic errors. iTech Tool Technology Inc does not warrant that any of the materials on its web site are accurate, complete, or current. iTech Tool Technology Inc may make changes to the materials contained on its web site at any time without notice. iTech Tool Technology Inc does not, however, make any commitment to update the materials.
iTech Tool Technology Inc has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by iTech Tool Technology Inc of the site. Use of any such linked web site is at the user’s own risk.
- Governing Law
Any claim relating to iTech Tool Technology Inc web site shall be governed by the laws of the Province of Manitoba without regard to its conflict of law provisions.
General Terms and Conditions applicable to Use of a Web Site.
Terms of Purchase
The warranty and return policy for all products sold hereunder (the “Products”) is determined by the original equipment manufacturer and/or supplier. All products sold by iTech Tool Technology Inc are warranted only to the extent of the manufacturer’s /supplier’s warranty and only to purchasers (“Buyers”) for resale or for use in their business in Canada.
Products are warranted against defects in workmanship or materials only in accordance with the individual manufacturer’s warranty policy.
Any part which is determined by iTech Tool Technology Inc to be defective in material or workmanship and returned to iTech Tool Technology Inc designates, shipping costs prepaid, will be repaired or replaced, at iTech Tool Technology Inc sole option, as the Buyer’s exclusive remedy.
Warranty Disclaimer. iTech Tool Technology Inc has made a diligent effort to illustrate and describe the Products in its catalogues accurately; however, such illustrations and descriptions are for the sole purpose of identification, and do not express or imply a warranty or condition that the Products are merchantable, or fit for a particular purpose or that the Products will necessarily conform to the illustrations or descriptions. The Products are sold to Buyers on an “as is, where is” basis, and no warranty or condition or affirmation of fact, express or implied, other than as set forth in the limited warranty above is made or authorized by iTech Tool Technology Inc. Any and all representations and warranties, express or implied, legal, statutory, conventional or otherwise with respect to the Products (including, implied warranties as to merchantability or fitness for a particular purpose), whether pursuant to the Sale of Goods Act of any province or otherwise, are hereby expressly excluded and disclaimed.
Limitation of Liability. Any liability for indirect, special, exemplary, punitive, consequential or incidental damages is expressly disclaimed by iTech Tool Technology Inc. iTech Tool Technology Inc liability in all events for all damages, losses and causes of action (whether in contract, tort or otherwise) shall be limited in the aggregate to, and shall not exceed, the purchase price paid by the Buyer for the Product in question.
Prompt Disposition. iTech Tool Technology Inc will make a good faith effort for prompt correction or other adjustment with respect to any Product which proves to be defective within the warranty period. Before returning any Product, write or call iTech Tool Technology Inc from which the Product was purchased, giving date and number of original invoice and describing the defect. iTech Tool Technology Inc will give instruction as to the method of returning the Product.
Product Suitability. Many provinces and locations have laws, codes and regulations governing sales, construction, installation and/or use of products for certain purposes, which may vary from those in neighboring areas. While iTech Tool Technology Inc attempts to ensure that its Products comply with such codes, it cannot guarantee compliance, and cannot be responsible for how Products are installed or used. Before purchase and use of a Product, please review the Product, and applicable national, provincial and local laws, codes and regulations, and be sure that the Product, as well as its installation and use, complies with them.
Hazardous Materials Information. For the information of Buyers, iTech Tool Technology Inc has obtained Material Safety Data Sheets (“MSDS”) for all “controlled products” within the meaning of the Hazardous Products Act (Canada) and the Controlled Products Regulations made under that Act, in respect of Products offered for sale by iTech Tool Technology Inc. The MSDS in question conform with the requirements of provincial occupational health and safety legislation which regulates “hazardous material” and the applicable Workplace Hazardous Materials Information Systems Regulations made thereunder. Such MSDS are available upon request. The information and recommendations contained in the applicable MSDS supplied/prepared by the manufacturer are considered to be accurate and reliable. However, iTech Tool Technology Inc makes no warranty with respect to the accuracy or reliability of the information or the suitability of the recommendations. iTech Tool Technology Inc disclaims any and all liability to any user thereof.
Cross-Reference Information. Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that past performance and other characteristics are comparable. For critical applications, review specifications prior to purchase.
Manufacturers’ Warranties and Sales Literature. Most of the Products listed in iTech Tool Technology Inc catalogues are warranted to the end users by their manufacturer. As applicable, such warranties may supersede or exclude other stated warranties. As a service, iTech Tool Technology Inc will obtain copies of warranties from the warrantor and will furnish them free of charge to customers who request them. iTech Tool Technology Inc assumes no responsibility for such warranties or sales literature by performing this service.
Sales and Freight Terms
Terms. By placing an order, Buyers accept and agree to iTech Tool Technology Inc terms and conditions, including the limited warranty, which are subject to change from time to time without prior notice. The current terms and conditions, including the limited warranty, can be obtained at www.itechtools.ca
WHOLESALE ONLY. iTech Tool Technology Inc offers its Products for sale to Buyers for use or consumption for business purpose in Canada, and only in accordance with manufacturers’ specifications, requirements, recommendations, and warranties. By placing an order, Buyer is representing that it is purchasing for business and not consumer purposes. Business identification may be required from Buyers. Possession of a catalogue does not constitute the right to purchase from iTech Tool Technology Inc.
PRICES are listed in Canadian currency and are subject to change without notice. Quotations on large quantities are available on request. Contact iTech Tool Technology Inc or sales representative for further information.
SALES TAX. iTech Tool Technology Inc is required to charge goods and services tax and the applicable provincial sales tax on items for which a sales tax exemption certification has not been provided. When ordering, please provide any valid exemption certificate.
PAYMENT TERMS. For Buyers with established credit, terms are net thirty (30) days from date of shipment. If credit is not established, please include payment with order or purchase through Visa, MasterCard or American Express. All payments must be in Canadian dollars. iTech Tool Technology Inc shall have the right to set-off and deduct for any sums owed. If Buyer fails to make payment within thirty (30) days, iTech Tool Technology Inc may defer shipments until such payment is made, or may, at its option, cancel all or any part of unshipped order. Interest will be charged on overdue accounts at 2% per month (26.82% compound per annum).
CREDIT BALANCE. Buyer agrees that any credit balance issued will be applied within one (1) year of its issuance. If not applied or requested within one (1) year, any balance remaining will be subject to cancellation, and iTech Tool Technology Inc shall have no further liability.
Product Availability and Special Orders. Products are subject to availability at time of order. Some special order items as indicated in the catalogue must meet the manufacturer’s minimum order quantity requirements at the time of order and may require additional shipping time.
Where Products purchased from iTech Tool Technology Inc are to be exported, Buyer assumes sole responsibility for arranging the export of the Products from Canada and their importation into other countries and shall at all times comply with all applicable laws in relation thereto, including but not limited to export control laws, rules and regulations of Canada. iTech Tool Technology Inc will not be the exporter under any circumstances. Buyer shall not export Product purchased from iTech Tool Technology Inc without first obtaining all necessary written consents, permits and authorizations and completing such formalities as may be required by any such laws, rules, and regulations. Buyer further represents and warrants that it will not export or divert Products to any country or to any person to which or to whom export from Canada is prohibited under applicable laws, rules and regulations.
Force Majeure. iTech Tool Technology Inc shall not be liable for any damage, cost or loss of profit of Buyer or any delay or failure in delivery or for any failure to perform caused by a force beyond its control, including, but not limited to, an act of God, action or failure to act of any government or governmental board, commission, department, bureau or authority, confiscation, war, blockade, insurrection, invasion, quarantine restrictions, riot, sabotage, acts of the public enemy, flood, fire, explosion, epidemic, landslide, lightning, earthquake, storm, accident, strike, lockout, work slowdown, work stoppage, differences with workers, embargo, power failure or shortage and any delay or failure of supplies, equipment, labour or transportation.
Freight Policy. Freight is F.O.B. shipping point. iTech Tool Technology Inc reserves the right to charge freight and handling fees, including, without limitation, fees for small orders, rural and/or rush deliveries or special handling.
Title and Risk of Loss. Title and Risk of Loss in the Products pass to Buyer at the time of shipment from iTech Tool Technology Inc. If Product is damaged in transit, Buyer must file a claim with the carrier. If Products are undeliverable for 2 days, carrier will return them to iTech Tool Technology Inc and additional charges may apply.
Return Policy. Any cancellation or return must be approved by iTech Tool Technology Inc (in its discretion), be accompanied by proof of purchase, and may be subject to restocking and other charges. Any returns due to shipping errors, damage or loss must be reported to iTech Tool Technology Inc immediately. For returns not related to damage or loss during shipping, Product must be returned within 30 days of shipment and be in the original package and resalable condition.
Assignment. Buyer shall not assign any order or any interest therein without the written consent of iTech Tool Technology Inc and any such actual or attempted assignment shall entitle iTech Tool Technology Inc to cancel such order upon notice to Buyer.
Modification of Terms. No addition to or modification of terms and conditions shall be binding on iTech Tool Technology Inc unless agreed to by iTech Tool Technology Inc in writing, and iTech Tool Technology Inc acceptance of any order shall not be construed as assent to any additional terms and conditions.