Terms of Use
Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH SERVALL CANADA IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and ServAll Canada.
The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the ServAll Website. (References to "you" or "your" shall relate to the Customer; references to "ServAll Canada” shall relate to SERVALL CANADA INC. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the website at the time the customer initially places or modifies an order will govern the order in question.
This Sale Agreement constitutes the entire agreement between the Customer and ServAll Canada relating to the purchase or sale of goods or services on the website. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the website in a writing signed by ServAll Canada. Electronic records (including signatures), that are otherwise valid, shall be accepted under the Sale Agreement. The Customer consents to receiving electronic records, which may be provided via a web browser or e-mail application connected to the internet; customers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting ServAll Canada at the address provided below.
In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement, or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.
Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO, CANADA. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE COURTS LOCATED IN ONTARIO FOR PURPOSES OF ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS SALE AGREEMENT.
Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for in full by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by ServAll Canada is ServAll Canada’s responsibility. Loss or damage that occurs during shipping by a carrier selected by the Customer is the Customer's responsibility. Title to software will remain with the applicable licensor(s).
General Legal Disclaimer
SERVALL CANADA INC. HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER BY SERVALL CANADA INC. IN NO WAY AFFECTS THE TERMS OF THE MANUFACTURER'S WARRANTY, IF ANY.
Internet Disclaimer
Internet connectivity requires access services from an internet access provider.
Contact your local access provider for rates, terms and conditions.
Third-Party Product
All products sold by ServAll Canada are subject to the warranties and representations of the applicable manufacturers. Accordingly, ServAll Canada makes no representation or other than that provided by the manufacturer.
Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, ServAll Canada reserves
the right to make adjustments due to changing market conditions, product discontinuation, manufacturer price changes, clerical and other errors in advertisements and other
extenuating circumstances.
While ServAll Canada uses reasonable efforts to include accurate and up-to-date information
on the website, ServAll Canada makes no warranties or representations as to the website’s accuracy. ServAll Canada assumes no liability or responsibility for any errors or omissions in the content on the website.
Limitation of Liability
SERVALL CANADA INC. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. SERVALL CANADA INC. WILL NOT BE LIABLE FOR PRODUCTS OR SERVICES NOT BEING AVAILABLE FOR USE OR FOR LOST OR CORRUPTED DATA OR SOFTWARE. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, SERVALL CANADA INC. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.
By ordering the services and/or products requested from ServAll Canada, the Customer acknowledges and agrees that ServAll Canada is an authorized re-seller of contracts for customized services and is not the provider of said services. The Service Provider is the only obligor responsible for providing services to the Customer. The Customer will look solely to the Service Provider for any loss, claims or damages arising from the purchase of such services, hereby releasing ServAll Canada from any and all claims the Customer may have arising from the provision of any such services. ServAll Canada is merely acting to assist the Customer in obtaining the services desired by it and provided by the Service Provider.
Orders; Payment and Payment Terms; Interest; Taxes
Orders are not binding upon ServAll Canada until accepted by ServAll Canada. Terms of payment are within ServAll Canada’s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. ServAll Canada may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order. All shipments must be paid by credit card unless specific credit arrangements are made in advance.
Freight Policy
Shipping and handling charges on all orders vary; contact your ServAll Canada Group account manager for our most current and competitive rates, options and shipping specials. For the Customer's protection, we ship only to the verified billing address of the Customer's credit card.
Return Policy
ServAll Canada offers a return policy on selected items based on manufacturer return policies, for consumables and certain accessories. Exceptions can sometimes be made when arranged in advance of shipment. Occasionally such products may be returned for a restocking fee. For further information not listed, please contact ServAll Canada at 1-877-737-8255 or e-mail our Returns Department at returns@servallcanada.com to obtain a Return Merchandise Authorization (RMA) number before shipping your product. NO returns of any type will be accepted without an RMA number. For faster service, please have the following information on hand when calling for an RMA number: customer name, invoice number, serial number and nature of the problem.
All products accepted for return MUST: be 100 percent complete, contain ALL original boxes and packing materials, have original UPC codes on the manufacturer boxes, contain all manuals, blank warranty cards and other accessories and documentation provided by the manufacturer. You are responsible for shipping charges on returned items.
ServAll Canada strongly recommends you fully insure your return shipment in case it is lost or damaged and you use a carrier that can provide you with proof of delivery for your protection.
If merchandise arrives damaged: it is best to REFUSE it back to the carrier attempting delivery.
If you accept the package make sure it is noted on the carrier's delivery record in order for ServAll Canada to file a damage claim. Save the merchandise and the original box and packing it arrived in, notify ServAll Canada immediately to arrange for a carrier inspection and a pick up of damaged merchandise.
If you do not notify ServAll Canada of damaged goods within the first day of arrival, our regular return policy will override any claim of damage, and will fall under all current manufacturer restrictions. Call our Returns Department at 905-264-7084 or 1-877-737-8255 to arrange for carrier inspection and a pick up of damaged merchandise. DEFECTIVE returns can be returned directly to ServAll Canada within 10 days from the invoice date, at ServAll Canada’s discretion for: replacement, exchange or repair only. Manufacturer restrictions do apply and are outlined in our detailed policy. After 30 days, all manufacturers' warranties apply.
Contacting ServAll Canada
Please contact your sales representative for information regarding terms and conditions of sale. You can contact ServAll Canada in one of the following ways:
By mail:
ServAll Canada Inc.
6175
Highway 7, Unit #1
Vaughan, Ontario, L4H 0P6
By phone:(905) 264-7084
By fax: (416) 264-4051 Toll Free 1-877-737-8255
By email: info@servallcanada.com
www.servallcanada.com
Copyright 2006 SERVALL CANADA INC. Inc. |
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