Terms of Sales
Term of Sales
1. Access to the Site. Registration is not required to place an order or to use the Site. Select portions of the Site offer expanded services via the Web through a name/password protected system.
Your username and password are referred to as your "Identification." You are solely responsible for keeping your Identification confidential. You agree that you and your authorized representatives will be the only users of your Identification, and that you will be solely responsible for all activities on the Site using your Identification. We strongly recommend that you log out of the Site and close your browser window when your session is completed to help prevent unauthorized persons from accessing your Identification. Please contact Canada Gold Electrictech immediately at email@example.com if you believe that your Identification has been lost or stolen, or that someone may attempt to use your Identification without your consent. Please keep in mind that no Internet site is 100% secure. Thus, while Canada Gold Electrictech strives to protect the personal information and privacy of its users, your use of the Site to transmit or store personally identifiable information is at your own risk.
2. Intellectual Property. The Service, the Site, and all information and/or content that you see, hear or otherwise experience on the Site (the "Content") are protected by Canadian and international copyright, trademark and other laws, and belong to Canada Gold Electrictech or its partners, affiliates, contributors or third parties.
Canada Gold Electrictech grants you a personal, revocable, non-exclusive, non-transferable license to use the Site, the Service and the Content and to download, print and store portions of the Content that you select, provided that: (1) you only use these copies of the Content for your own internal business purposes or your personal, non-commercial use; (2) if you are a competitor of Canada Gold Electrictech, commercial aggregator of data, or other commercial user, you do not copy or post the Content on any network computer or transmit, distribute, publish or broadcast the Content in any media; and (3) you do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded Content or materials is transferred to you as a result of this license. Canada Gold Electrictech reserves complete title and full intellectual property rights in any Content you download from the Site, subject to this limited license for you to make personal use of the Content as set forth herein.
You may not use any of the marks or logos appearing throughout the Site without express written consent from the trademark owner, except as permitted by applicable law.
Competitors and third party aggregators may not mirror, scrape, or frame the home page or any other pages of the Site on any other Web site or web page. Competitors and third party aggregators may not connect "deep links" to the Site, i.e., create links to this site that bypass the home page or other parts of the Site without the written permission of Canada Gold Electrictech. This prohibition is not intended to restrict the non-commercial activities of individuals.
3. Disclaimer of Warranties. Canada Gold Electrictech agrees to transfer to you, at the time of sale, to the extent transferable, whatever warranties Canada Gold Electrictech receives from manufacturers with respect to the Products sold by Canada Gold Electrictech to you.
This Disclaimer of Warranty is not applicable to Chip Outpost Products, which are sold subject to the Limited Warranty set forth in Sections 15 and 16 of the Conditions of Order (see Part II below).
Your obligations and Canada Gold Electrictech's remedies with respect to defective or nonconforming products are solely and exclusively as stated in this Agreement.
4. Additional Disclaimers. Without limiting the disclaimers set forth in Section 3 above:
a. No Use as Critical Components. Products sold by Canada Gold Electrictech are not authorized for use in certain applications including, but not limited to, life safety, life support, life sustaining, surgical, human implant, nuclear, or aircraft applications or for any use or application in which the failure of a single component could create a situation in which property damage, personal injury, or death is likely to occur, unless an authorized officer of the manufacturer has signed an agreement specifically governing such use. YOU AGREE TO INDEMNIFY AND DEFEND Canada Gold Electrictech AND THE MANUFACTURER OF THE PRODUCTS AGAINST ALL DAMAGES, COSTS, AND EXPENSES THAT MAY BE INCURRED, INCLUDING WITHOUT LIMITATION, ATTORNEY FEES AND COSTS RELATING TO ANY LAWSUIT OR THREATENED LAWSUIT ARISING OUT OF THE USE OF PRODUCTS IN UNAUTHORIZED APPLICATIONS.
b. Technical Assistance and Applications Engineering. Canada Gold Electrictech offers its Technical Assistance and Applications Engineering solely as a convenience to Canada Gold Electrictech customers. Canada Gold Electrictech Technical Assistance and Applications Engineering personnel strive to provide useful information regarding the Products. Canada Gold Electrictech does not guarantee that any information or recommendation provided is accurate, complete, or correct, and Canada Gold Electrictech shall have no responsibility or liability whatsoever in connection with any information or recommendation provided, or your reliance on such information or recommendation. You are solely responsible for analyzing and determining the appropriateness of any information or recommendation provided by Canada Gold Electrictech Technical Assistance and Applications Engineering personnel, and any reliance on such information or recommendation is at your sole risk and discretion.
c .Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Canada Gold Electrictech therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Canada Gold Electrictech does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
d. Third Party Links. Hypertext links to third party Web sites or information do not constitute or imply an endorsement, sponsorship, or recommendation by Canada Gold Electrictech of the third party, the third-party Web site, or the information contained therein, unless expressly stated on the Site. You acknowledge and agree that Canada Gold Electrictech is not responsible for the availability of any such Web sites and that Canada Gold Electrictech does not endorse or warrant, and is not responsible or liable for, any such Web site or the content thereon. You are solely responsible for making your own decisions regarding your interactions or communications with any other Web site.
e. Geographic Limitations on Use. Like most Internet Web sites, this Site is accessible worldwide. However, not all Products or services offered by Canada Gold Electrictech are available to all persons or in all geographic locations. Canada Gold Electrictech reserves the right to limit the provision of its Products and services to any person, geographic area, or jurisdiction and to limit the quantities of any Products or services that it provides. You agree to comply with all applicable laws and local rules regarding the transmission of technical data, acceptable content, and online conduct.
f. Color Display. Canada Gold Electrictech attempts to display as accurately as possible the colors of the products shown on the Site. However, because the colors you see will depend on many factors, including your monitor or printer, Canada Gold Electrictech cannot guarantee that the color you see matches the product color.
g. Infringement Disclaimer. The Products may be subject to patent, trademark, copyright, design and other rights of third parties. Canada Gold Electrictech shall in no event whatsoever be responsible or liable in the event of any claim of infringement of any such rights. If an order includes software or other intellectual property, such software or other intellectual property is provided by Canada Gold Electrictech to you subject to all applicable copyrights and/or user licenses, the terms and conditions of which are set forth in the license agreement accompanying such software or other intellectual property. Nothing herein shall be construed to grant any rights or license to use any software or other intellectual property in any manner or for any purpose not expressly permitted by such license agreement.
5. Limitation of Liability. IN NO EVENT SHALL CANADA GOLD ELECTRICTECH BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, OR LOSS OF BUSINESS OPPORTUNITY) ARISING OUT OF OR RELATING TO (I) ANY PRODUCT OR SERVICE PROVIDED OR TO BE PROVIDED BY CANADA GOLD ELECTRICTECH, OR THE USE OR INABILITY TO USE THE SAME, (II) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, OR THE CONTENT, (III) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (IV) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE AND/OR THE CONTENT, (V) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (VI) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR THE SERVICE, OR (VII) ANY OTHER MATTER RELATING TO THE PRODUCTS, THE SITE, THE SERVICE, OR THE CONTENT; EVEN IF CANADA GOLD ELECTRICTECH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUBJECT TO THE FOREGOING, IN NO EVENT SHALL THE LIABILITY OF CANADA GOLD ELECTRICTECH RELATING IN ANY WAY TO THE PRODUCTS, SERVICES, OR THIS AGREEMENT EXCEED THE PURCHASE PRICE FOR THE PRODUCTS OR SERVICES WHICH ARE THE SUBJECT OF ANY CLAIM, REGARDLESS OF THE LEGAL THEORY ASSERTED FOR SUCH LIABILITY, WHETHER IN CONTRACT, TORT, WARRANTY OR OTHERWISE.
Any cause of action against any of the CANADA GOLD ELECTRICTECH Parties with respect to Products or services must be instituted within one (1) year from the date of purchase or provision of the applicable Products or services.
6. Indemnification. You understand and agree that you are personally responsible for your use or inability to use the Products, your reliance upon any information or recommendation provided by Canada Gold Electrictech Technical Assistance and Applications Engineering personnel, and your behavior on the Site. You agree to indemnify, defend and hold harmless Canada Gold Electrictech and Canada Gold Electrictech's joint venturers, business partners, licensors, employees, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, special, consequential, punitive, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use the Products, the Site, the Service, or the Content, your reliance upon any information or recommendation provided by Canada Gold Electrictech Technical Assistance and Applications Engineering personnel, or any violation by you of this Agreement, including any violation of Canada Gold Electrictech’s Return Policy (see Part II, Section 14, herein).
7. User Conduct. You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content. Except as otherwise authorized by Canada Gold Electrictech, you agree not to add to, subtract from, or otherwise modify the Content. You agree not to use the Site in any manner that might interfere with the rights of third parties.
8. User Supplied Information. If you supply or post any information or material to the Site, you guarantee to us that you have the legal right to post such material and that it will not violate any law or the rights of any person or entity. By posting material on the Site, you give Canada Gold Electrictech the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from this material, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you.
9. Force Majeure. Canada Gold Electrictech will not be liable for delays in delivery or for failure to perform its obligations due to causes beyond its reasonable control including, but not limited to, product allocations, material shortages, labor disputes, transportation delays, unforeseen circumstances, acts of God, acts or omissions of other parties, acts or omissions of civil or military authorities, Government priorities, fires, strikes, floods, severe weather conditions, computer interruptions, terrorism, epidemics, quarantine restrictions, riots or war. Canada Gold Electrictech's time for delivery or performance will be extended by the period of such delay or Canada Gold Electrictech may, at its option, cancel any order or remaining part thereof, without liability, by giving notice to you.
10. Applicable Law; Dispute Resolution. The laws of the Ontario shall apply to this Agreement, without regard to any conflict of laws provisions. Any controversy or claim arising out of or relating to the Agreement or your use of the Site, the Service, or the Content (a "Dispute") shall be settled by arbitration under the rules provided by the Canadian Arbitration Association (CAA), and you hereby waive any right you may otherwise have to a jury trial. A single arbitrator shall preside over any arbitration, and such arbitrator shall, in his or her sole discretion, determine the arbitrability of any alleged Dispute. Any arbitration shall be conducted in Totonro, Ontario, and the laws of the Ontario shall apply thereto, without regard to any conflict of laws provisions. Judgment on an award rendered by an arbitrator may be entered in any state or federal court within or without the Ontario.
11. General Provisions. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by Canada Gold Electrictech of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any part of the Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of the Agreement, all of which will remain in full force and effect. No rights, duties, agreements or obligations hereunder, may be assigned or transferred by operation of law, merger or otherwise, without the prior written consent of Canada Gold Electrictech. The obligations, rights, terms and conditions hereof will be binding upon and inure solely to the benefit of the parties hereto and their permitted respective successors and assigns.
12. Changes to the Agreement. Canada Gold Electrictech reserves the right to change the terms of this Agreement without notice. You are responsible for reviewing this Agreement prior to making any purchase from Canada Gold Electrictech, and your continued use of the Site acknowledges your agreement to this responsibility. As part of the registration process to become a registered user of certain functionality on the Site, as a default, you elect to receive e-mails notifying you of changes to this Agreement and/or other Canada Gold Electrictech policies; you may elect not to receive these e-mails by opting out of this default. Notwithstanding any provision of this Agreement to the contrary, Canada Gold Electrictech may make changes to this Agreement without notice to comply with applicable laws or best practices and such changes shall be binding on you and Canada Gold Electrictech. Any amendment to this Agreement must be in writing and signed by you and an authorized representative of Canada Gold Electrictech.
II. Conditions of Order
All orders placed with Canada Gold Electrictech are subject to the terms of this Agreement, including the following Conditions of Order. Any purported change submitted by a purchaser in any additional documentation is hereby expressly rejected. Orders placed on forms deviating from these terms and conditions may be accepted, but solely on the basis that the terms of this Agreement will prevail and such terms will be the sole terms governing the order.
1. Order Validation and Acceptance. When you place an order, we may verify your method of payment, shipping address and/or tax exempt identification number, if any, before processing your order. Your placement of an order with Canada Gold Electrictech is an acceptance of Canada Gold Electrictech’s offer to sell our Products, subject to availability and pursuant to the terms contained in this Agreement. Canada Gold Electrictech, at its discretion, may complete your order by processing your payment and shipping the Product, or may, for any reason, decline to complete your order or any part of your order. No order shall be considered completed until the Product has been shipped. If we decline to complete your order, we will attempt to notify you using the email address or other contact information you have provided with your order. Delivery and/or shipment dates provided in connection with any order are estimates only and do not represent fixed or guaranteed delivery dates.
2. Quantity Limitations. Canada Gold Electrictech may limit or cancel quantities available for purchase on any order on any basis, and to alter the availability or duration of any special offers at any time. Canada Gold Electrictech may reject any order, or any part of an order.
3. Electronic Communication. When you place an order via the Site, you are required to provide a valid email address, which we may use to communicate with you regarding the status of your order, advise you regarding shipment of backordered products, and to provide you with any other notices, disclosures or other communications relating to your order. You agree that Canada Gold Electrictech will not be responsible for any damage you incur, or information you do not receive, as a result of your failure to provide and maintain a valid email address.
4. Currency Information. This Web site is designed exclusively for Canada and purchases in the American dollar (USD). The customer is responsible for all shipping costs and applicable duties, tariffs, brokerage fees, Goods and Services Tax (GST), Harmonized Sales Tax (HST), and Provincial Sales Tax (PST). If ordering by phone, please advise Canada Gold Electrictech's sales representative of your currency preference when placing your order.
5. Pricing and Product Information.
Canada Gold Electrictech makes reasonable efforts to provide current and accurate information relating to the Products and prices, but does not guarantee the currency or accuracy of any such information. Information relating to Products is subject to change without notice. Prices are subject to change at any time prior to Canada Gold Electrictech's acceptance of your order. In the event we discover a material error in the description or availability of a Product that affects your outstanding order with Canada Gold Electrictech, or an error in pricing, we will notify you of the corrected version, and you may choose to accept the corrected version, or cancel the order. If you choose to cancel the order, and your credit card has already been charged for a purchase, Canada Gold Electrictech will issue a credit to your credit card in the amount of the charge. Pricing on this Web site is in Canadian dollars and includes all duties, tariffs and brokerage fees.
6. Payment. Canada Gold Electrictech offers the following payment methods for Canadian currency customers: by cheque, money order, MasterCard, VISA, American Express or prepaid by wire transfer as well as open account credit to qualified institutions and businesses. Payment must be made in the currency in which the order was placed. C.O.D. terms are not available in Canada.
7. Shipping Charges. Any applicable shipping charges are from Canada Gold Electrictech’s Product Distribution Center in Toronto, Ontario. Availability of ship methods is dependent on the destination country. Shipments of excessive weight or size may require additional charges. Canada Gold Electrictech will notify you prior to shipment if these conditions exist. Except as otherwise provided on the Site, any applicable brokerage fees will be your responsibility and will be due at time of delivery.
8. Handling Charge. There is no minimum order or handling fee.
9. Taxes. Prices shown do not include any federal, provincial or local taxes, or any other taxes imposed by any government authority, including, without limitation, sales, use, excise, value-added taxes or similar taxes. HST will be applied to sales of goods at a rate of 8% for Ontario. GST of 5% will be applied to all sales of goods to residents of all other provinces or territories. In addition to GST, Quebec Sales Tax of 9.975% will be applied to sales of goods for personal use for Quebec residents and PST will be applied to sales of goods for personal use at a rate of 5% for Saskatchewan residents, 7% for British Columbia residents and 8% for Manitoba residents.
10. Late Payments; Dishonored Checks. You shall pay to Canada Gold Electrictech all costs incurred by Canada Gold Electrictech in collecting on any dishonored check or on any past due amount from you, including all court costs, collection costs, and attorney's fees. If a check you give us for payment is dishonored for any reason by the bank or other institution on which it is drawn, you agree to pay Canada Gold Electrictech $20.00 as a service charge (if the check cannot be redeposited).
11. Out of Stock. If product you order is out of stock at time of order placement, you may elect to have it shipped on a subsequent shipment. There is no additional charge for back order shipments for orders $200 USD or more, provided such shipments that are not of excessive weight or size. For other orders, an additional shipping charge of $8.00 CAD will apply to each back order shipment. Back orders will be held based on your request.
12. Export Compliance. In addition to the Canada and its territories, Canada Gold Electrictech accepts international orders. Some Products may not be available for shipment outside the Canada. All orders of international origin or destination are subject to export control laws, restrictions, regulations and orders of the United States. You agree to comply with all applicable export control laws, restrictions, regulations and orders of the Canada or applicable foreign agencies or authorities. You shall not, directly or indirectly, sell, export, transfer, transship, assign, use, or dispose of Products in a manner which may result in any non-compliance with applicable export control laws, restrictions, regulations, and orders of the United States or applicable foreign agencies or authorities. You are responsible for obtaining any license or other official authorizations that may be required to export, re-export or import Products. Diversion contrary to Canadian law is prohibited.
13. Freight Damage. If you receive merchandise that has been damaged in transit, it is important to keep the shipping carton, packing material and parts intact. Please contact a Canada Gold Electrictech Customer Service representative immediately to initiate a claim.
14. Return Policy. In most cases, Canada Gold Electrictech will accept merchandise returns subject to the terms outlined in this Section 14 and will replace the Product or refund your money at your option.
To facilitate processing of returned merchandise:
- Please contact a Customer Service representative to obtain an RMA (Returned Merchandise Authorization) number prior to returning a Product(s).
- For all returns not relating to manufacturers' warranties, returns must be made within 30 days of date of invoice, be accompanied by the original invoice number, include a brief explanation of the reason for the return, and be in the original packaging and in resalable condition.
- All ESD sensitive devices will undergo incoming inspection, utilizing Canada Gold Electrictech's ESD Work Instructions and the most recent version of the ANSI/ESD S20.20 standard. ESD product that has not been handled according to the standard will not be eligible for credit.
- Return freight charge must be prepaid. C.O.D. returns cannot be accepted.
- Products returned solely due to customer error may be subject to a restocking charge.
- To the extent that Canada Gold Electrictech purchases a Product from a manufacturer specifically for you, such Products may be Non-Cancelable/Non-Returnable.
- A Mil-Spec Product purchased from Canada Gold Electrictech is non-cancelable and non-returnable.
- "Not-In Catalogue Items" and parts specified as "Non-Cancelable/Non-Returnable" at time of quote or sale are not returnable, including Products designated as Chip Outpost Products, except for the Chip Outpost Limited Warranty (see Section 15 below).
- Returns relating to manufacturers' warranties are subject to the terms and conditions of the applicable manufacturer's warranty and the applicable manufacturer's return policies for the Product (e.g., some Products may require return directly to the manufacturer). Please contact a Customer Service representative for details.
By returning any product to Canada Gold Electrictech, you represent and warrant that the returned product was purchased from Canada Gold Electrictech, is not counterfeit or otherwise non-conforming, and does not violate the Canada Gold Electrictech Counterfeit Policy. You also agree that Canada Gold Electrictech may test any returned product to determine whether such product is counterfeit, non-conforming, or otherwise violates this Agreement. In the event Canada Gold Electrictech determines, in its sole discretion, that any returned product is counterfeit, non-conforming, or otherwise violates this Agreement, Canada Gold Electrictech may (i) report such problem to any applicable governmental or regulatory agency or any other applicable third party; (ii) quarantine such product for further testing or other analysis; and/or (iii) take such other actions as may be required or permitted under applicable law.