This statement is effective as of 03 March, 2014.
The following is the terms of the agreement between Canadian Tactical and Operational Medical Solutions Inc. ("CTOMS™ Inc.") and the buyer ("Buyer") of goods or services through CTOMS™ Inc.'s website (the "Site"). An authorized Dealer or Distributor, as established through and bound by terms in a separate formal Agreement with CTOMS™ Inc. is not considered a Buyer under the terms of this Agreement.
Buyer agrees to the terms and conditions outlined in this Online Contract (the "Contract") with respect to the goods, services and information provided by or through the Site or by any sales transactions be them over the phone, email, fax or in person. This Contract constitutes the entire and only agreement between CTOMS Inc. and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services and information provided by
or through the Site, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything, and purchase of any goods or services shall be deemed acceptance of this Contract.
Retail prices are the best individual sale prices CTOMS™ Inc. can offer to the Buyer. From time to time promotional and sale prices may be applied to retail prices at the sole discretion of CTOMS™ Inc. Government (Federal, Provincial and Municipal) Agency accounts are available upon request and may be eligible for discount pricing. Minimum quantity orders may be required to receive such price discounts.
All prices are subject to change without notice due to international currency and market fluctuations. Quotes, if provided, are valid for the term printed on the quote. In the absence of a printed time term, prices may change without notice. CTOMS™ Inc. reserves the right to accept or reject any and all purchase orders. All prices are shown in Canadian dollars except if otherwise specified. Purchases with foreign credit cards are converted at the time of transaction by the credit card company and the
exchange rate is not the responsibility of CTOMS™ Inc.
All online orders are credit card payment only. Offline orders can be made by credit card, bank draft, cashiers cheque or money order. Product will be shipped only after payment has cleared.
SALES TAX AND DUTIES
All orders shipped within Canada are subject to GST and PST, QST and HST when and where applicable.
Regarding international orders, all customs charges, import fees and taxes, brokerage fees, duties, tariffs and other exporting and importing fees and taxes are the responsibility of the customer.
All orders are shipped FOB 2919 Ellwood Dr., Edmonton, Alberta, Canada unless otherwise stated. From time to time, drop shipments may occur directly from a manufacturer to the customer. All rights reserved and title of merchandise transfers to the purchaser upon delivery to the carrier. Orders are shipped via Canada Post, United Parcel Service (UPS), Federal Express (FedEx) or DHL as per customers request or in the absence of a specific customer request, at CTOMS™ Ins.'s discretion.
Shipping and insurance charges are estimated by weight, size, value and final destination. All shipments will be insured at their actual value. If the actual shipping and
insurance charges are significantly more than what was charged for an online purchase, as determined by CTOMS™ Inc., CTOMS™ Inc. will contact the Buyer before shipping to arrange for payment of the additional charges. If the actual shipping and insurance charges are significantly less than what was charged, as determined by CTOMS™ Inc., the Buyer will be refunded the difference.
The acceptance of shipment by common carrier shall constitute a delivery to the Buyer and CTOMS™ Inc. shall not be responsible for merchandise damaged or lost in transit.
OUT OF STOCK ITEMS
Buyer will be notified of out of stock items as soon as possible. If only part of the order is out of stock the order will be shipped once the out of stock items become in stock. Buyer can arrange to have separate shipping for the order if required. Shipping will be charged on both shipments if the order is split.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through Buyer's password. Buyer agrees to keep his or her password confidential and to notify CTOMS™ Inc. immediately of any
breach of this Contract of unauthorized use of the password. CTOMS™ Inc. does not protect Buyer from unauthorized use of Buyer's password.
EDITING, DELETING AND MODIFICATION
CTOMS™ Inc. reserves the right to change, modify, add or remove portions of this Agreement from time to time and in our sole discretion, but will alert you that changes
have been made by indicating at the top of this page the date it was last updated. Without notice, CTOMS™ Inc. may modify prices, and may discontinue or revise any or all aspects of the Site in its sole discretion and without prior notice. When you visit the Site, you are accepting the current version of this statement as posted on the Site at that time. We recommend that users revisit this statement on occasion to learn of any changes and prior to every new purchase.
RIGHT TO REFUSE
CTOMS™ Inc. reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold CTOMS™ Inc. and its affiliates, licensors and suppliers harmless for any liability, loss, claim and expense, including reasonable attorney's fees, related to Buyer's violation of this Contract or use of the Site.
Buyer's right to use the Site is not transferable and is subject to any limits established by CTOMS™ Inc. or by Buyer's credit card company.
THE SITE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE", AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF CTOMS™ INC., FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. CTOMS™ INC. AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS
ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OF THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASICS OF THE BARGAIN BETWEEN CTOMS™ INC. AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
RETURN, EXCHANGE, REFUND POLICY
All products manufactured or sold by CTOMS™ Inc. may be returned in the original unused condition for a refund or exchange within thirty (30) days from the date of shipping after Buyer obtains a Return Material Agreement (RMA) from CTOMS™ Inc. RMA's can be acquired by contacting CTOMS™ Inc. directly at email@example.com or toll free at 1-780-469-6106
Medical devices and safety equipment (including rope, carabiners, harness and the like as determined exclusively by CTOMS™ Inc.) cannot be returned, exchanged or refunded for safety reasons and are final sale only.
CTOMS™ Inc. reserves the right to refuse any return for any reason.
All products with manufacturer’s defects are to be reported and authorized by CTOMS™ Inc. to be returned for exchange or refund. Medical Devices or safety equipment with manufacturer’s defects or other problems are to be reported as soon as possible for investigation and correction. Refunds will be credited to the credit card used in the original transaction.
Shipping charges are not refundable. Return and Exchange shipping charges are the responsibility of the Buyer except in the case of warranty return due to manufacturer’s defect.
MEDICAL DEVICES REGULATIONS COMPLIANCE
All Medical Devices sold by CTOMS™ Inc. are, to the best of CTOMS™ Inc.'s knowledge, in compliance with Canadian Medical Devices Regulations (SOR/98-282) of the FOOD AND DRUGS ACT. CTOMS™ Inc. holds a Medical Device Establishment License and has established procedures to ensure proper classification, labeling, storage, shipping, complaint handling and problem reporting.
The uses to which the products are put are solely within the discretion and responsibility of the Buyer. Certain devices sold may require special training, qualifications, registration, licensing, scope of practice and Medical Direction to lawfully use. It is the responsibility of the Buyer to ensure that the products are used within the confines of all
applicable Statutes, Regulations and Laws to which the Buyer is governed. Neither CTOMS™ Inc., nor its officers, directors, employees, agents, vendors, distributors or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential or punitive), liability, claim or other injury or cause related to or resulting from any use, whether proper or improper, of products sold by CTOMS™ Inc.
This Contract shall be treated as though it were executed and performed in Alberta, Canada and shall be governed by and construed in accordance with the laws of Alberta, Canada (without regard to conflict of law principal). Any cause of action of Buyer with respect to the Site must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12 (DISCLAIMER). The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Alberta, Canada and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with
applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site or CTOMS™ Inc. is in conflict or inconsistent with this Contract, this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Contract represents the entire understanding between you, the Buyer, and us, CTOMS™ Inc. and your relationship with us Online and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, please click the "I Agree" button at checkout. If you do not agree to the terms of the Sales Terms and Policies Agreement, log off the system. If you do not click "I Agree" then you will not be able to purchase goods or services from CTOMS™ Inc.