1. Standard Terms & Conditions of Sale

Please read this agreement carefully. It contains the sole terms and conditions of sale that apply to the customer's purchase of products from UNS-Tech (the “Company”). Any different or additional terms set forth in customer's purchase order or similar communication are objected to and shall not be binding on the Company unless a separate agreement has been signed by an authorized officer of the Company. By placing an order for products from the Company, or by accepting delivery of the products described on the applicable packing slip, bill of lading and/or invoice received with the products, you agree to be bound by and accept these terms and conditions of sale.

We reserve the right at any time to reject, correct cancel or terminate any order for any reason whatsoever. If the price of any product you order was incorrectly displayed on our web site, we will provide you with an opportunity to place an order at the correct price.

Advertisements on our web site are invitations to you to make offers to purchase products and services on the web site and are not offers to sell. Your properly completed and delivered order form constitutes your offer to purchase  the products or services referenced in your order. Your order will be deemed to be accepted only if and when we send a shipping notice to your email address. That shipping notice constitutes our acceptance of your order and forms a legally binding contract with us.


2. Processing Time

You can expect your order to be processed within approximately 5 business days, provided the items are in stock and there are no problems with payment verification. We do not guarantee same day-shipping. Orders are not processed on weekends and holidays. Product delivery could be delayed due to customs and border security
measures.

 

3. Back-Orders

We do not sell backordered merchandise. We will never purposely charge a customer for an item that we do not physically have in stock at the time of purchase. Occasional inventory discrepancies may occur due to inaccurate inventory counts or possibly because the last few items on our shelves are damaged and/or not in a condition that
we can in good faith sell to a customer. If you are erroneously charged for an out-of stock item, we will refund your PayPal account for the item, along with any applicable tax fees and shipping charges.


4. Availability And Pricing

Product listings, specifications, availability, and pricing are subject to change without notice. Orders are not binding upon us until accepted by an authorized representative or receipt of appropriate electronic notice from us. Prices listed and charges discussed herein are in Canadian dollars. Some products may not be available for shipment outside of Canada. We reserve the right to refuse service, terminate accounts or cancel orders at our sole discretion. We may also change or modify these terms and conditions of sale from time to time without notice.

Prices charged will be those prevailing when an order is placed regardless of method of order. For scheduled deliveries over 60 days, we reserve the right to charge you the price of the products at shipment if higher.

Prices shown do not include any Federal, Provincial, Harmonized Sales Tax (HST), local taxes duties levies, or any present or future sales, use, excise, value-added or similar taxes. Where applicable, such taxes and charges shall be billed as a separate item and paid by Customer. Orders are accepted with the understanding that such taxes and charges will be added, as required by law. If you are exempt from sales taxes, please be sure to provide the proper documentation at the time of ordering.

 

5. Credit card and PayPal Payments

We currently do not accept credit cards and are currently only accepting electronic payment through PayPal.


6. Cancel Orders

You may request that an order be cancelled provided the order has not already been processed and shipped. You will receive a credit for the full amount to your PayPal account in approximately 5 business days. Please call our office to cancel an order. We strongly discourage sending order cancellation requests via email because it is unlikely we will receive the message in time to void the order due to the sheer volume of emails we receive each day.


7. Risk of Loss

We will arrange for shipment of ordered product(s) to you, Free On Board (F.O.B.) shipping point, meaning title to the product(s) and risk of loss passes to the Customer upon delivery to the carrier. You take title to the product upon our delivery of the product to the carrier. We reserve a purchase money security interest in the product(s) until its receipt of the full amount due. You agree to allow us to sign appropriate documents on your behalf to permit us to protect our purchase money security interest. We will advise you of estimated shipping dates, but, under no circumstances will we, be responsible for delays in delivery, and associated damages, due to events beyond our reasonable control, including without limitation, acts of God or public enemy, acts of federal, provincial, state or local government, fire, floods, civil disobedience, strikes, lockouts, war, terrorism and freight embargoes.


8. Damaged and Incorrect Products

Please inspect your shipment upon receipt. If any external damage is noticed, accept the shipment only after the driver has noted the damage on both his and your copies of the delivery receipt and you have requested an inspection by the carrier. Keep all containers and packing material for inspection.

If, upon opening a shipment, you find a shortage or damage, you must request inspection by the carrier within 24 hours of delivery or you will relinquish your right to make a claim. We reserve the right to repair a damaged product, where applicable, before replacement or credit is determined.


9. International Orders

Export orders requiring special handling, packaging, and documentation are subject to additional charges and duties. Export orders are accepted on the basis of payment in advance of shipment.


10. Export Controls

Products purchased or received under these Terms and Conditions of Sale are subject to export control laws, restrictions, regulations and orders of Canada. Customer agrees to comply with all applicable export laws, restrictions and regulations of Canada or foreign agencies or authorities, and shall not export, or transfer for the purpose of reexport, any product to any prohibited or embargoed country or to any denied, blocked, or designated person or entity as mentioned in any such Canadian or foreign law or regulation. Customer represents and warrants that it is not on the Denied Persons, Specially Designated Nationals or Debarred Persons List and is not otherwise prohibited by law from purchasing the products or services hereunder. Customer shall be responsible to obtain any license to export, re-export or import as may be required.


11. Shipping & Handling/Delivery

Shipping and handling fees will be added separately when an order is placed. Title of all Products shall transfer to Customer upon delivery of such Products to the carrier. All risk of loss or damage for shipments shall be on the Customer (without regard to which party pays for the shipping costs).

Delivery shipping dates provided in advance are estimates only and shall not represent fixed or guaranteed delivery dates.


12. Hazardous and Unintended Applications Prohibited

The Company's products are not designed, recommended or authorized for any of the following applications: high-risk applications such as safety, life support, surgical implant, nuclear, or aircraft applications, or for any use or application in which the failure of a single component could cause substantial harm to persons or catastrophic property loss; or for any military or weaponry use, including but not limited to chemical, nuclear, biological, aircraft, missile, and similar military applications. Unless an authorized officer of the Company has authorized or approved any such use(s) in writing, or alternatively has provided the customer with a document signed by an authorized officer waiving the customer's responsibility for any such use, customer assumes all risk and liability for use of Company's products in any such applications and agrees to defend, indemnify and hold both the Company and the manufacturer of the products harmless against all losses, liabilities, claims and damages that may be incurred due to use of the Company's products in any of these prohibited applications.


13. Warranty

The following terms and conditions apply to products manufactured by us:

I. All products are guaranteed to be free of defects in material or workmanship for 90 days from delivery;

II. We hereby disclaims all other warranties or guarantees with respect to the subject matter of this agreement, whether statutory, written, oral, express or implied including, without limitation, any warranty of merchantability, suitability or fitness for a particular purpose.

III. Our liability under this limited warranty does not extend to any products which are abused, altered or misused by the customer or any other persons or entities or which become defective or non-conforming through wear and tear or through the actions or inaction of the customer or any other persons or entities. A defective or non-conforming product is defined only as a product which is outside of the Company's defined product specifications, and shall not include Products that fail to meet any fitness of use by customer or any unique customer operating conditions or applications.

IV. If any product or service warranted hereunder proves defective or nonconforming, our sole liability and customer's sole remedy hereunder shall be for us, to repair or, at our option;

  • replace at no cost to Customer, any such defective or non-conforming product with a non-defective or conforming Product (as applicable); or
  • credit Customer's account for all amounts paid with respect to the defective or non-conforming Product upon our receipt of the defective or non-conforming Product
  • In the event of replacement, the replacement Product will be warranted for ninety 90 days.

The Company may or may not be the manufacturer of products sold by the Company. The Company does not provide warranty for products for which the Company is not the manufacturer, and there are no warranties for value added services, services bundled with the products, or other services provided by the Company. The Company makes no other warranties and any and all implied warranties of merchantability, title, and fitness for a particular purpose are hereby disclaimed. Customer is responsible for installation and use in accordance with the manufacturers' instructions and the Company shall not be responsible for customer's improper selection of a product for a particular application or otherwise.

If the Company provides Customer with advice, training, applications support, or other assistance which concern any products supplied hereunder, or any equipment, system or the like in which the product may be installed, the Company's giving of such advice or assistance will not subject the Company to any liability, whether based on contract, warranty, tort (including negligence) or other grounds. In order to maintain quality Customer service, the Company may monitor or record telephone calls and other communications.

No warranty will apply if the products are in any way altered or modified after delivery by the Company.


14. Limitation Of Liability

In no event shall we have any obligation or liability for any exemplary, punitive, incidental, indirect, special or consequential damages, or loss of profits, use or goodwill, whether based on contract, tort (including negligence), strict liability, or any other theory or form of action, even if such party has been advised of the possibility thereof. Our total liability (including our subcontractors and agents), if any, for damages relating to any products sold under this agreement shall be limited to the price paid for such product(s) and the total liability (including its subcontractors and agents), if any, for damages relating to any services provided under this agreement shall be limited to the fees paid for the service giving rise to such claim.

The parties agree that without this limitation of liability the Company would not have agreed to the price or terms and conditions of this agreement. The limitation of liability set forth herein applies both to products and services purchased or otherwise provided hereunder. Any cause of action against the Company must be instituted within 2 year from the date of purchase or provision of the products or services.


15. Descriptions

All specifications, drawings, illustrations, descriptions and particulars of weights, dimensions or capacity and other details including, without limitation, statements regarding compliance with legislation or regulation (together "Descriptions") wherever they appear (including, without limitation, in catalogs, on web sites, on dispatch notes, invoices or packaging) are intended to give a general idea of the products, but will not form part of this agreement for sale. No liability in contract or tort, or under statute, regulation or otherwise may be made for any error in or omission in the product descriptions whether caused by the Company's negligence or otherwise.

The Company may make changes to the products as part of a program of improvement or to comply with legislation.


16. Intellectual Property Rights

The products offered for sale by the Company may be subject to patent, trademark, copyright, design and other rights of third parties. The Company shall in no event whatsoever be held responsible or liable in the event of any claim of infringement of any such rights.

The Company's entire catalog and website, including without limitation, the content of the catalog and website is copyrighted as a collective work under Canadian laws and applicable international copyright laws and the Company owns the full copyright in its catalog and website, including without limitation in the selection, coordination, arrangement and enhancement of the content contained therein. Except as stated below, none of the materials in the Company's catalog or on its website may be reproduced, distributed, republished, downloaded, copied in any form or by any means, displayed, posted, transmitted, modified, translated, added to, updated, compiled, or abridged without the prior written permission of the Company.


17. Force Majeure

The Company shall not be liable for loss or damage caused by any delay or failure to perform resulting in whole or in part from Acts of God, severe weather conditions, labor disruptions, governmental decrees or controls, insurrections, war, risks, shortages, inability to procure or ship product or obtain permits and licenses, insolvency or other inability to perform by the manufacturer, delay in transportation, any other commercial impracticability and/or any circumstances beyond the control of the Company in its business operations.


18. Governing Law

This Agreement and any sales hereunder shall be governed by the laws of the Province of Ontario in the Country of Canada. The parties expressly exclude the application of the 1980 United Nations Convention of Contracts for the International Sales of Goods, if otherwise applicable.


19. Severability

If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable, such provision shall be enforced to the fullest extent permitted by applicable law and or otherwise removed and severed from this agreement, and the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.

 

20. Amendment Modification Waiver

No amendment, modification or waiver of these terms shall be binding on either party unless reduced to writing and signed by an authorized officer of the party to be bound, and in the case of a waiver, shall be effective only in the specific instance and for the specific purpose for which given, and shall not be construed as a waiver of any subsequent breach. The failure of either party to enforce at any time or for any period of time any of the provisions of this agreement shall not be construed as a waiver of such provisions or of the right of such party thereafter to enforce each and every such provision. No course of dealing, usage of trade or course of performance shall supplement, explain or amend any term, condition or instruction of this agreement, or any shipment of Products hereunder.