Terms and Conditions
Last updated: July 11, 2023
Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://toolequip.ca website (the “Service”) operated by Tool Equip (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.
1 DEFINITIONS
In this document the following words shall have the following meanings:
1.1 “Consumer” means the organization or person who buys Goods from the Supplier;
1.2 “Goods” means the articles to be supplied to the Consumer the Supplier;
1.3 “Site” means www.toolequip.ca an E-commerce website operated by Tool Equip.
1.4 “Intellectual Property Rights” means all patents, registered and unregistered designs, copyright, trademarks, know-how and all other forms of intellectual property wherever in the world enforceable;
1.5 “List Price” means the list of prices of the Goods maintained by the Supplier as amended from time to time;
1.6 “Supplier” means Tool Equip A division of Brookfront Designing Corp.132225 Southgate Sideroad 13, Dundalk ON, Canada N0C 1B0
2 GENERAL
2.1 These Terms and Conditions shall apply to all contracts for the sale of Goods by the Supplier to the Consumer to the exclusion of all other terms and conditions. These terms and conditions apply to the viewing, purchasing and sale of products through www.toolequip.ca (the “site”), a site operated by Toll Equip. By viewing this site, placing an order or completing a purchase, the Consumer agrees to be bound by and accept these terms and conditions. If the Consumer does not agree to these terms and conditions, do not use this site and do not place an order. Please print a copy of these terms and conditions to keep for reference. The Supplier reserves the right, at its sole discretion, to accept or reject any order once the order has been completed and submitted by the Consumer.
3 PRICE AND PAYMENT
3.1 The price shall be that in the Supplier’s current List Price and are subject to change without notice. The price is exclusive of GST/HST or any other applicable costs. Duties, Customs, and Tariff fees on international orders are non-refundable and are the responsibility of the Consumer. Cost of Shipping shall be paid for by the Consumer.
3.2 Payment of the price, GST/HST, and any other applicable costs Including Costs of Shipping shall be due at Check out.
4 DESCRIPTION
Any description given or applied to the Goods is given by way of identification only and the use of such description shall not constitute a sale by description. these Descriptions are for identification purposes only and products may vary due to manufacturers’ improvements or changes and may be subject to change due to any unforeseen circumstances in producing this web site or advertising. For the avoidance of doubt, the Consumer hereby affirms that it does not in any way rely on any description when entering into the contract.
5 DELIVERY
5.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Consumer on the date specified by the Supplier. The Consumer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
5.2 The date of delivery specified by the Supplier is an estimate only. Time for delivery shall not be of the essence of the contract.
5.3 If the Supplier is unable to deliver the Goods for reasons beyond its control, then the Supplier shall be entitled to place the Goods in storage until such times as delivery may be affected and the Consumer shall be liable for any expense associated with such storage.
6 RETURNS
If for any reason the Consumer is dissatisfied with a purchase made from the Supplier, the Purchaser may return the Goods within 10 business days of receipt of the Goods in its original packaging and in its original saleable condition. Please contact the Supplier for return authorization. A copy of the order and receipt needs to be put inside the box when returned. All refused shipments and returns are subject to a 15% restocking fee. A refund for the purchase, less the shipping charges will be issued for authorized returns within 30 days.
7 RISK
Risk in the Goods shall pass to the Consumer at the moment the Goods are dispatched from the Supplier`s premises. Where the Consumer chooses to collect the Goods itself, risk will pass when the Goods are entrusted to it or set aside for its collection, whichever happens first.
8 TITLE
Title in the Goods shall not pass to the Consumer until the Supplier has been paid in full for the Goods.
9 LIMITED WARRANTY
9.1 Where the Goods have been manufactured by the Supplier and are proven upon inspection to be defective, the Supplier shall in its sole discretion, replace defective PARTS free of charge within one year from the date of delivery, subject to the following conditions:
9.1.1 The Consumer notifying the Supplier in writing immediately upon the defect becoming apparent;
9.1.2 The defect being due to faulty materials or workmanship of the Supplier.
9.2 The warranty extends only to the original Consumer. It is not transferable to anyone who subsequently purchases the product from the original Consumer.
9.3 Any Goods to be repaired or replaced shall be returned to the Supplier at the Consumer’s expense, if so, requested by the Supplier.
9.4 Where the Goods have been manufactured and supplied to the Supplier by a third party, any warranty granted to the Supplier in respect of the Goods shall be passed on to the Consumer.
9.5 Winches have a one-year limited warranty with the manufacturer. The Consumer is responsible for following the manufacturer’s warranty policy and to go through their return or replacement procedures.
9.6 The Supplier shall be entitled in its absolute discretion to refund the price of the defective Goods in the event that such price has already been paid.
9.7 This limited warranty excludes all other express warranties including the warranties of merchantability for a particular use or purpose. Any implied warranties arising by operation of law are limited to one year.
10 LIMITATION OF LIABILITY
10.1 No liability of any nature shall be incurred or accepted by the Supplier in relation to defects or damage caused by:
10.1.1 regular wear, abuse, misuse, overloading, improper installation, Improper assembly, shipping, Scratches, scuffs, relocation, uneven or damaged flooring, lack of maintenance, or Alterations.;
10.1.2 wear and tear parts, which include but are not limited to: cables, rollers, bearings, shafts, paint, Stickers, anchor points, and wheels/casters.; or
10.1.3 the loss or damage caused by acts of God, including but not limited to fire, explosion, smoke, water escape, windstorm, hail, lightning, falling trees, aircraft, vehicles, flood, and earthquakes.
10.2 The Supplier shall not be held liable for loss of use, lost time, commercial loss, personal injury, death, property damage, vehicle damage, equipment damage, or other incidental or consequential damages.
11 INTELLECTUAL PROPERTY RIGHTS
The Supplier and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved.
12 FORCE MAJEURE
The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not limited to acts of God, strikes, lock outs, accidents, war, fire, breakdown of plant or machinery or shortage or unavailability of raw materials from a natural source of supply, and the Supplier shall be entitled to a reasonable extension of its obligations. If the delay persists for such time as the Supplier considers unreasonable, it may, without liability on its part, terminate the contract.
13 RELATIONSHIP OF PARTIES
Nothing contained in these Terms and Conditions shall be construed as establishing or implying any partnership or joint venture between the parties and nothing in these Terms and Conditions shall be deemed to construe either of the parties as the agent of the other.
14 ASSIGNMENT AND SUB-CONTRACTING
The contract between the Consumer and Supplier for the sale of Goods shall not be assigned or transferred, nor the performance of any obligation sub-contracted, in either case by the Consumer, without the prior written consent of the Supplier.
15 WAIVER
The failure by either party to enforce at any time or for any period any one or more of the Terms and Conditions herein shall not be a waiver of them or of the right at any time subsequently to enforce all Terms and Conditions of this Agreement.
16 SEVERABILITY
If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid, illegal or unenforceable provision eliminated.
17 GOVERNING LAW AND JURISDICTION
This Agreement shall be governed by and construed in accordance with the law of Canada and the parties hereby submit to the exclusive jurisdiction of the Canadian courts.
Accounts
When you create an account with us, you must provide us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Tool Equip and its licensors.
Links To Other Web Sites
Our Service may contain links to third-party web sites or services that are not owned or controlled by Tool Equip.
Tool Equip has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Tool Equip shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
Termination
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Canada without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
Contact Us
If you have any questions about these Terms, please contact us.