PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This agreement contains the terms and conditions that apply to your purchase from The Barrel Store Inc., a Canadian Corporation ("Barrel Store", "our" or "we") that will be provided to you ("Customer" or “you”) on orders for products and/or services sold in Canada. By using our website and/or accepting delivery of the products and/or services described on the invoice, you agree to be bound by and accept these terms and conditions.
These terms and conditions are subject to change without prior written notice at any time, in Barrel Store's sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Barrel Store, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Barrel Store.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Barrel Store's sole discretion, and unless otherwise agreed to by Barrel Store, payment must be received by Barrel Store prior to Barrel Store's acceptance of an order. Payment for the products and services and support may be made by cash, cheque (certified where required), bank draft, credit card, wire transfer, or other prearranged payment method unless other credit terms have been agreed to by Barrel Store. If credit terms have been agreed to by Barrel Store, invoices are due and payable within the period specified in the terms section on the face of the invoice after the date of invoice issue or on the due date specified. Barrel Store may invoice parts of an order separately. Orders are not binding upon Barrel Store until accepted by Barrel Store. Any quotations given by Barrel Store will be valid for the period stated on the quotation. Customer agrees to pay interest on all amounts past due at a rate of two percent (2%) per month (26.82% p.a.). If a payment cannot be processed for any reason a $25 charge will be levied against the customer’s account to cover bank charges and processing fees. Unless otherwise specified by Barrel Store, payments are to be applied to outstanding amounts in the following priority: accrued interest, Barrel Store services, and merchandise.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides Barrel Store with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Barrel Store's acceptance of the order, the Customer is responsible for goods and services tax, sales tax and all other taxes associated with the order, however designated, except taxes on Barrel Store's net income. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Ownership to products passes from Barrel Store to Customer on clearing of payment to Barrel Store and ownership is strictly conditional upon same. Barrel Store retains ownership to all product conveyed to Customer, until payment by Customer clears. Loss or damage that occurs during shipping is Barrel Store's responsibility. Ship dates are estimates only. Barrel Store is not liable for delays in shipment or failure to ship by the estimated ship date.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO BARREL STORE-BRANDED PRODUCTS ARE INCLUDED IN THE DOCUMENTATION PROVIDED WITH THE PRODUCTS AND CAN ALSO BE LOCATED ONLINE AT WWW.THEBARRELSTORE.COM. THERE ARE NO WARRANTIES FOR SERVICES. BARREL STORE MAKES NO EXPRESS WARRANTIES EXCEPT THOSE STATED IN BARREL STORE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. ANY SUCH WARRANTIES WILL BE EFFECTIVE AND BARREL STORE WILL BE OBLIGATED TO HONOUR ANY SUCH WARRANTIES, ONLY UPON BARREL STORE'S RECEIPT OF PAYMENT IN FULL FOR THE PRODUCT TO BE WARRANTED. BARREL STORE DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BARREL STORE'S RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO REPAIR AND REPLACEMENT AS SET FORTH IN BARREL STORE'S APPLICABLE WARRANTY STATEMENT IN EFFECT ON THE DATE OF THE INVOICE. BARREL STORE RESERVES THE RIGHT TO MODIFY ITS WARRANTY AT ANY TIME, IN ITS SOLE DISCRETION. SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
7. Return Policies. Under Barrel Store's end-user return policy, Customers who buy Barrel Store-branded products directly from Barrel Store may return them to Barrel Store up to 14 calendar days after shipment for a refund of the product purchase price if already paid, subject to terms. You must prepay return shipping charges and insure the shipment or accept the risk of loss or damage during shipment and the refund credit will not include any shipping and handling charges incurred by Barrel Store, and will be subject to a twenty-five percent (25%) restocking fee, unless otherwise prohibited by law. Customers must contact Barrel Store for a Return Merchandise Authorization (RMA) prior to shipping any product; shipments not clearly marked with RMAs will not be accepted. Barrel Store's return policy will be provided on request.
8. Exchanges. From time to time, Barrel Store may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with Barrel Store's exchange policies in effect on the date of the exchange.
9. Products. Barrel Store continually upgrades and revises its products and service offerings to provide Barrel Store customers with new choices. Barrel Store may revise and discontinue products at any time without prior notice to customers. Barrel Store will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. The parts and assemblies used in building Barrel Store products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted Barrel Store SKU numbers for Barrel Store-branded products are of the quality specified by Barrel Store and conform in all material respects with the Barrel Store product specifications current on the date such products were shipped.
10. Barrel Store Products. Any warranty and technical support provided on third-party products purchased through Barrel Store's Software and Peripherals Division are provided by the original manufacturer and not by Barrel Store. These products may be returned only in accordance with the return policy in effect on the date of invoice. The warranties and technical support may vary from product to product. Barrel Store-branded products purchased through Barrel Store's Software and Peripherals Division carry the same warranty terms as described in Section 6, Warranties, above. All unopened, non-defective products in resalable condition purchased through Barrel Store's Software and Peripherals Division that are returned to Barrel Store are subject to a twenty-five percent (25%) restocking fee. For more information on Barrel Store's Software and Peripherals Division Warranty and Return Policies, see the applicable web page.
11. Limitation of Liability. BARREL STORE (INCLUDING BARREL STORE'S PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE, OR LOST. BARREL STORE WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS. BARREL STORE WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL 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.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, BARREL STORE IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT. THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM). NEITHER BARREL STORE NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN TWELVE (12) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN TWELVE (12) MONTHS FROM THE DATE OF LAST PAYMENT.
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
12. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own internal use only, and not for resale. Barrel Store has separate terms and conditions governing resales.
13. Support. Barrel Store will provide general service and support to Customers in Canada, in accordance with the then-current service and support policies and conditions in effect. Barrel Store has no obligation to provide service or support until Barrel Store has received full payment for the product or service/support contract for which service or support is requested.
14. 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.
15. Force Majeure. Barrel Store shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
16. Severability. If any provision of this agreement is held invalid or unenforceable, the remainder of this agreement will nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will nevertheless remain in full force and effect in all other circumstances.
17. Waiver. Each right, power and remedy of Barrel Store provided for herein or available at law or in equity or in any other agreement shall be separate and in addition to every other such right, power and remedy. Any one or more and/or any combination of such rights, remedies and powers may be exercised by Barrel Store from time to time and no such exercise shall exhaust the rights, remedies or powers of Barrel Store or preclude Barrel Store from exercising any one or more of such rights, remedies and powers or any combination thereof from time to time thereafter or simultaneously.
Ver. 1.0 (sal1)
