Introduction
This website is operated by “TempoTech Controls Inc”. The terms “we”, “us”, and “our” refer to TempoTech Controls Inc. The use of our website is subject to the following terms and conditions of use, as amended from time to time (the “Terms”). The Terms are to be read together by you with any terms, conditions or disclaimers provided in the pages of our website. Please review the Terms carefully. The Terms apply to all users of our website, including without limitation, users who are browsers, customers, merchants, vendors and/or contributors of content. If you access and use this website, you accept and agree to be bound by and comply with the Terms and our Privacy Policy. If you do not agree to the Terms or our Privacy Policy, you are not authorized to access our website, use any of our website’s services or place an order on our website.
Use of our Website
You agree to use our website for legitimate purposes and not for any illegal or unauthorized purpose, including without limitation, in violation of any intellectual property or privacy law. By agreeing to the Terms, you represent and warrant that you are at least the age of majority in your state or province of residence and are legally capable of entering into a binding contract.
You agree to not use our website to conduct any activity that would constitute a civil or criminal offence or violate any law. You agree not to attempt to interfere with our website’s network or security features or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information, such as your email address, mailing address and other contact details in order to complete your order or contact you as needed. You agree to promptly update your account and information. You authorize us to collect and use this information to contact you in accordance with our Privacy Policy.
General Conditions
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right to make any modifications to the website, including terminating, changing, suspending or discontinuing any aspect of the website at any time, without notice. We may impose additional rules or limits on the use of our website. You agree to review the Terms regularly and your continued access or use of our website will mean that you agree to any changes.
You agree that we will not be liable to you or any third party for any modification, suspension or discontinuance of our website or for any service, content, feature or product offered through our website.
Products or Services
All purchases through our website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in Canadian dollars.
We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
We do not guarantee the accuracy of the colour or design of the products on our website. We have made efforts to ensure the colour and design of our products are displayed as accurately as possible on our website.
Product Returns
To return a product, contact nearest TempoTech controls Inc location. no return authorization is required. we do not take title to returned products until the product arrives at our facility. you will be given credit upon our receipt of the returned product.
Goods may only be returned for credit in accordance with written authorization previously obtained from TempoTech Controls Inc & should be subject to handling charges to be determined by TempoTech Controls Inc. Returns must be made within one (1) month of the date of any such authorization. Goods that are special in any way shall not to be returned to TempoTech Controls Inc. We reserve the right to reject returns of products used or damaged by the customer or designated as non-cancellable or non-returnable.
Limited Product Warranty
TempoTech Controls Inc warrants that its products will be free from all defects in material and workmanship at the time of shipment. TempoTech Controls Inc also extends this warranty on its products for the period listed below by product type. should TempoTech Controls Inc determine that a product contains a defect during the warranty period, it shall, at its sole option, repair or replace the product, which will be the only obligation under warranty. TempoTech Controls Inc warrants each component bearing its name, for a period of 90 days, unless other wise stated. TempoTech Controls Inc warrants each unused product supplied by TempoTech Controls Inc for a period of 30 days from the date of shipment.
The foregoing warranties apply only to goods which are not abused, damaged, tampered with or used or installed or maintained other than in accordance with any applicable drawings or instruction manuals of TempoTech Controls Inc. the foregoing warranties constitute the only warranties which exist with respect to any products manufactured, and/or sold by TempoTech Controls Inc or to any services provided by TempoTech Controls Inc, there being no other warranties, whether expressed or implied in fact or in law, with respect to merchantability or fitness for purpose or otherwise. this is not a consumer warranty
Limitation of Liability and Remedies Concerning Products
To the fullest extent permitted by law, TempoTech Controls Inc and its employees, agents, officers or directors will not be liable in contract, warranty, tort or otherwise for any indirect, incidental, special, punitive, exemplary or consequential damages, including lost profits, goodwill, business interruption or any other losses (other than the cost of the product or its replacement or repair) that arise directly or indirectly out of your purchase of any product from us, even if we have been advised of the possibility of such damages. to the fullest extent permitted by law, we also disclaim any liability for claims arising out of the misuse, improper selection, faulty repair or improper modification of a product. to the fullest extent permitted by law, your only recourse and exclusive remedy with respect to any claims related to the products we sell is the right to return the products and obtain at our option a refund of the purchase price or replacement of the product. to the fullest extent permitted by law, our total liability to you for all damages, losses and causes of action (whether in contract, warranty, tort or otherwise) shall not exceed the purchase price of the product that gives rise to the claim. to the fullest extent permitted by law, any claim or action brought against us arising out of any product we sell to you must be brought within one year after the product has been delivered to you
Your Responsibilities to Us
Your Representations and Warranties.
You are responsible for familiarizing yourself with all other available information about the Products prior to your purchase and use of them to determine their suitability for and any limitations on your intended use. In connection with any purchase of Products from us, you warrant, represent, acknowledge and agree as follows: (i) the purchase, installation, use, handling, storage, resale, transportation, disposal, export or import of the Products by you and any third party to whom you resell them is and will be in compliance with all applicable laws and regulations and will conform to generally recognized industry and professional standards; (ii) you and any third party to whom you resell the Products are or will be knowledgeable concerning the laws and other practices relating to the safe and lawful purchase, installation, use, resale, handling, storage, transportation, and disposal of the Products; (iii) you have used your own skill and judgment in selecting and you are solely responsible for the determination and selection of suitable Products for your contemplated use and the use contemplated by any third party to whom you resell the products; (iv) you are at least 18 years of age, and have the legal right and are authorized to purchase the Products; (v) you understand any and all hazards associated with the storage, use, handling and transportation of the Products; (vi) you are solely responsible for protecting and/or warning all parties who may be exposed to those hazards as a result of your use or resale of the Products; and (vii) if you are located in California, when you use our printed catalog to purchase Products, the Products are being purchased only for professional or commercial use, and not for personal or household use.
Your Indemnification of Us.
Your purchase, use and resale of the Products is at your own risk. To the fullest extent permitted by law, except to the extent caused by our negligence or willful misconduct, you agree to defend, indemnify and hold harmless TempoTech Controls Inc and its respective officers, directors, employees, agents, contractors, vendors and suppliers from and against any liabilities, losses, damages, costs and other expenses (including court costs and reasonable attorneys’ fees) arising or resulting (directly or indirectly) out of your (i) breach of any of the Terms and Conditions, (ii) negligence, misuse or other wrongful conduct related to a Product, or (iii) violation of any applicable law related to any Product. To the extent they are inconsistent with the Canadian federal Anti-Deficiency Act, the indemnification provisions in the Terms and Conditions will not apply to any sale made by us to a Canadian federal government agency to which the Anti-Deficiency Act applies.
Links to Third-Party Websites
Links from or to websites outside our website are meant for convenience only. We do not review, endorse, approve or control, and are not responsible for any sites linked from or to our website, the content of those sites, the third parties named therein, or their products and services. Linking to any other site is at your sole risk and we will not be responsible or liable for any damages in connection with linking. Links to downloadable software sites are for convenience only and we are not responsible or liable for any difficulties or consequences associated with downloading the software. Use of any downloaded software is governed by the terms of the license agreement, if any, which accompanies or is provided with the software.
Use Comments, Feedback, and Other Submissions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and any other content (collectively, the “Content”) that you post, distribute or share on or through our website or services available in connection with our website. You further acknowledge that you have full responsibility for the Content, including but limited to, with respect to its legality, and its trademark, copyright and other intellectual property ownership.
You agree that any Content submitted by you in response to a request by us for a specific submission may be edited, adapted, modified, recreated, published, or distributed by us. You further agree that we are under no obligation to maintain any Content in confidence, to pay compensation for any Content or to respond to any Content.
You agree that you will not post, distribute or share any Content on our website that is protected by copyright, trademark, patent or any other proprietary right without the express consent of the owner of such proprietary right. You further agree that your Content will not be unlawful, abusive or obscene nor will it contain any malware or computer virus that could affect our website’s operations. You will be solely liable for any Content that you make and its accuracy. We have no responsibility and assume no liability for any Content posted by you or any third-party.
We reserve the right to terminate your ability to post on our website and to remove and/or delete any Content that we deem objectionable. You consent to such removal and/or deletion and waive any claim against us for the removal and/or deletion of your Content.
Your Personal Information
Please see our Privacy Policy to learn about how we collect, use, and share your personal information.
Errors and Omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time, without prior notice (including after an order has been submitted). Such errors, inaccuracies or omissions may relate to product description, pricing, promotion and availability and we reserve the right to cancel or refuse any order placed based on incorrect pricing or availability information, to the extent permitted by applicable law.
We do not undertake to update, modify or clarify information on our website, except as required by law.
Disclaimer and Limitation of Liability
You assume all responsibility and risk with respect to your use of our website, which is provided “as is” without warranties, representations or conditions of any kind, either express or implied, with regard to information accessed from or via our website, including without limitation, all content and materials, and functions and services provided on our website, all of which are provided without warranty of any kind, including but not limited to warranties concerning the availability, accuracy, completeness or usefulness of content or information, uninterrupted access, and any warranties of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our website or its functioning or the content and material of the services made available thereby will be timely, secure, uninterrupted or error-free, that defects will be corrected, or that our websites or the servers that make our website available are free of viruses or other harmful components.
The use of our website is at your sole risk and you assume full responsibility for any costs associated with your use of our website. We will not be liable for any damages of any kind related to the use of our website.
In no event will we, or our affiliates, our or their respective content or service providers, or any of our or their respective directors, officers, agents, contractors, suppliers or employees be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses or causes of action, or lost revenue, lost profits, lost business or sales, or any other type of damage, whether based in contract or tort (including negligence), strict liability or otherwise, arising from your use of, or the inability to use, or the performance of, our website or the content or material or functionality through our website, even if we are advised of the possibility of such damages.
Certain jurisdictions do not allow limitation of liability or the exclusion or limitation of certain damages. In such jurisdictions, some or all of the above disclaimers, exclusions, or limitations, may not apply to you and our liability will be limited to the maximum extent permitted by law
Indemnification
You agree to defend and indemnify us, and hold us and our affiliates harmless,, and our and their respective directors, officers, agents, contractors, and employees against any losses, liabilities, claims, expenses (including legal fees) in any way arising from, related to or in connection with your use of our website, your violation of the Terms, or the posting or transmission of any materials on or through the website by you, including but not limited to, any third party claim that any information or materials provided by you infringe upon any third party proprietary rights.
Entire Agreement
The Terms and any documents expressly referred to in them represent the entire agreement between you and us in relation to the subject matter of the Terms and supersede any prior agreement, understanding or arrangement between you and us, whether oral or in writing. Both you and we acknowledge that, in entering into these Terms, neither you nor we have relied on any representation, undertaking or promise given by the other or implied from anything said or written between you and us prior to such Terms, except as expressly stated in the Terms.
Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Headings
Any headings and titles herein are for convenience only.
Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law
Any disputes arising out of or relating to the Terms, the Privacy Policy, use of our website, or our products or services offered on our website will be resolved in accordance with the laws of= the Province of Ontario, Canada without regard to its conflict of law rules. Any disputes, actions or proceedings relating to the Terms or your access to or use of our website must be brought before the courts of the Province of Ontario in the City of Guelph, Ontario and you irrevocably consent to the exclusive jurisdiction and venue of such courts.
Questions or Concerns
Please send all questions, comments and feedback to us at sales@tempotechcontrols.com
