Thank You for visiting the on-line store for Behrends
This Agreement is between You, the purchaser of the products or services on this web site (“You” and “Your”) and Behrends (the “Company”). “We” and “Us” means both You and the Company. The effective date of this Agreement is when You accept this Agreement by selecting or causing to be selected the on-line [SUBMIT OR BUY NOW] submission button committing to the purchase of our products and services. The entire contents of this document, including this paragraph and Sections 1 to 13, inclusive, form the Terms and Conditions of this Agreement.
1. ACCEPTANCE AND JURISDICTION
Important! Your purchase of goods or services on this web site is subject to legally binding terms and conditions. Carefully read all of the applicable terms and conditions as set out below. If you accept these terms and conditions, type “I ACCEPT” in the box below. That action is the equivalent of your signature and indicates your acceptance of the terms and conditions and that you intend to be legally bound by them. If there is an error in the terms and conditions or if you do not agree with them, please click on the “back” button of your browser to make a correction or click on the “cancel” button below to exit this web site.
The Company reserves the right at its discretion to change the terms of this agreement and will notify users of any such changes by postings on the Company’s website.
You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail and that this Agreement in electronic form shall be the equivalent of an original written paper agreement between Us.
The Company, this web site and its server are physically located within the Province of Alberta, Canada. This Agreement will be governed by the laws of the Province of Alberta, and the federal laws of Canada and shall be treated in all respects as an Alberta contract, without reference to the principles of conflicts of law. In the event of a dispute, We agree to submit to the non-exclusive jurisdiction of the courts in the Province of Alberta. We expressly exclude the UN Convention on Contracts for the International Sale of Goods, replaced or re-enacted from time to time.
2. LIMITATION OF LIABILITY AND DISCLAIMER
Except as expressly provided in this agreement, the Company does not make or give any representation, warranty or condition of any kind, whether express or implied, statutory or otherwise, including without limitation, warranties as to uninterrupted or error free transactions, privacy, security, merchantability, quality, title, non-infringement or fitness for a particular purpose, or those arising out of a course of dealing or usage of trade.
You agree to indemnify, hold harmless, protect and defend the Company its successors or assigns, or agents related to the production of the products and services, against all suits and from all claims, demands, judgments, costs, and legal fees for actual alleged infringement of copyrights, trademarks and Letters Patent, in connection with any of the products or services supplied hereunder.
In no event will the Company be liable for any indirect, incidental or consequential damages, howsoever caused, including but not limited to, any lost profits, lost savings, loss of use or lack of availability of facilities including computer resources, routers and stored data, punitive, exemplary, aggravated or economic damages, arising out of the products or services provided by the Company or otherwise related to this agreement, even if the company or any of their lawful agents, contractors, or employees have been advised of the possibility of such damages or claim. In no case will the Company’s total liability arising under any cause whatsoever (including without limitation breach of contract, negligence, gross negligence, or otherwise) be for more than the amount paid by You under this agreement for the specific product or service to which the claim relates. In no event will the Company be liable to you for damages or losses resulting from viruses, data corruption, failed messages, damages arising as a result of: transmission errors or problems, telecommunications service providers, the Company’s contractors, third-party supplier of products or services, damages or losses caused by You, or your respective employees, agents or subcontractors, or other events beyond the control of the Company.
For the purposes of this section, the “Company” shall include the Company’s affiliates and, the Company’s and its affiliates’ respective directors, officers, employees, agents and contractors.
This section shall survive the termination or expiry of this agreement.
Payment shall be made in full at the time order is placed via the methods available on the Company’s website.
All prices listed are in Canadian dollars and are subject to change at the sole discretion of the Company. Prices listed do not include any applicable taxes or freight unless expressly stated otherwise.
5. CUSTOM ORDERS
While most of the products created at the Company are personalized for You, the Company takes great pride in assisting You with customized orders. These unique items (which are not our generally offered personalized items) may be available upon request and we kindly ask that You direct any inquiries to the Company’s sales department directly.
All sales are final and any submitted order cannot be cancelled without the express authorization of the Company.
All products are shipped at Your expense unless expressly stated otherwise. Orders placed outside Canada may be subject to additional shipping charges. You may be notified via electronic mail of any estimate concerning the additional charges.
The Company does not warrant or guaranty the delivery of any product or service on any specific date. Products are generally sent FED-EX Ground with priority shipping available upon request (for some products) and at an additional charge. If an order exceeds certain size or weight limitations, other common carriers will be used.
In all circumstances, products and services on the order to which these terms are attached will be delivered to You Free On board (F.O.B.) the Company’s manufacturing or distribution facility, freight prepaid and charged, under the terms stated herein, in good condition and properly consigned. For greater clarity, You are responsible for paying any and all ancillary common carrier service charges (e.g., inside delivery, specific delivery appointments, redeliveries and lift gate deliveries) that were not pre-paid with your order.
Published weights are approximate shipping weights.
NOTE: Given the personalized nature of the Company’s products and service, the Company custom manufactures on an “as ordered” basis. Our standard turnaround time to process, manufacture and ship your order is 4-6 weeks. Large and/or unique custom orders vary in both manufacturing and shipping times. Products are not shipped on Saturdays, Sundays, or holidays. The information in this paragraph is informational to You and does not form part of this Agreement.
8. DAMAGED GOODS AND SHORTAGES
Damaged products or shortages shall be reported by You to the shipping company/carrier directly and to the Company. Because each carrier has different limitations on the amount of time that damages shall be reported to them, we suggest that this notification be done immediately.
You shall do the following when You receive packages:
Note any shortages of packages on the carriers delivery receipt, by not reporting damages or shortages on the carrier’s delivery receipt it is likely that You have waived your rights to file a freight claim.
Do a thorough inspection of the packages and note any damage on the carriers delivery receipt. If the package has any damage to it, open the package and immediately do a detailed inspection.
You shall report all shortages or any concealed damage to the Company’s customer service department no later than seven (7) days after packages are delivered by the carrier. You should repack any damaged goods exactly the way You received them until the items are picked up or inspected by the carrier.
You waive all claims of which the Company is not notified in writing within seven (7) days after arrival of goods at destination.
IN THE UNLIKELY EVENT YOU RECEIVE DAMAGED GOODS, NOTE THIS ON THE DELIVERY RECEIPT, BUT DO NOT REFUSE THE SHIPMENT!
Some products require assembly. These products may have instructions, templates and/or mounting hardware provided. The Company will not be responsible for any costs or damages incurred or associated with the installation or use of the products or services.
10. PRODUCT MAINTENANCE
Many of the Company’s products are protected with a clear coating to prevent oxidizing of the metallic surface which can be easily damaged through mishandling. If cleaning is required, wipe with a clean soft cloth inline of the direction of the grain of the plaque, or a solution of water and mild detergent may be used. Do not use any chemical based abrasive cleaners.
All cast plaques are guaranteed against defective workmanship and materials for a period of 7 days. All claims for defects, errors, or shortage shall be reported to the Company within 7 days of delivery failure to do so shall constitute acceptance by You of the product and a waiver of any defects, errors, or shortages. All wear and tear on the finish is excluded from this warranty, including any damage caused by improper installation or maintenance.
You assume sole responsibility for determining whether the goods are suitable for your contemplated use.
12. PRODUCT CHANGES
The Company reserves the right to discontinue products, change the configuration, size, materials, colors, finishes, options, or accessories of any product at any time without notice and without incurring liability.
13. RETURNS AND EXCHANGE POLICY
All sales are final. Due to the nature of these personalized products or customized items, cancellations and returns will not be permitted.