Terms & Conditions
TERMS AND CONDITIONS OF SALE
The following Terms and Conditions of Sale ("Terms") shall apply to all sales made by Safety Media Inc. ("SMI") to a buyer of SMI's goods ("Customer"), and every agreement or other undertaking by SMI is expressly conditioned on Customer's assent to these Terms.
ACCEPTANCE OF ORDERS
A quotation or tender addressed to Customer from SMI does not constitute an offer to sell, and in no circumstances shall any contract arise unless and until the Customer submits an order to SMI, and SMI issues an acknowledgment of the order to the Customer.
Unless otherwise stated in writing, price and delivery terms are F.O.B. site of shipment and such prices do not include sales, use or other taxes or any export package cost, transportation, freight handling charges, export/import license fee, customs duties and the like, all of which shall be paid by the Customer, who shall indemnify SMI against all claims and liabilities therefor. Unless otherwise specified in writing, delivery dates are estimates only, and SMI shall not be liable for any damages, consequential or otherwise, resulting from the failure to deliver the goods by a particular date.
Credit cards are required for payment unless Customer has approved credit terms with SMI. At the time that you place your order a credit card authorization will be obtained for the total amount of your order. Your credit card will be charged for the items being shipped on the day they are shipped. Credit payment terms are thirty (30) days from the date of the invoice for customers with satisfactory credit accounts. In the event payment is not received by the due date, interest shall accrue at the rate of one and one-half percent (1.5%) on the unpaid portion of the invoice for each period of thirty (30) days from the due date. Customer shall be liable for SMI's costs associated with the collection of any amounts past due, including but not limited to attorneys' fees and court costs. All amounts due after 30 days from invoice date are subject to maximum allowable monthly interest charge. SMI retains title/security interest in the goods until full payment has been received and cleared by SMI’s bank. Any credit card payment on a credit account must be made within 10 days of invoice date, otherwise a 3% credit card fee will be added to the amount of the invoice/s payment.
Whenever Customer becomes insolvent or SMI in good faith requires security, SMI may cancel any outstanding contract with Customer; revoke any extension of credit to Customer; reduce any unpaid debt by enforcing its security interest in all goods furnished by SMI to Customer; and take any other steps necessary or desirable to secure SMI fully with respect to Customer's payment for goods furnished or to be furnished by SMI.
INSPECTION/ACCEPTANCE/CANCELLATION & RETURN POLICY
In the absence of an appropriate written notice with full particulars of any deficiency in the quality or quantity of the goods, sent to SMI after Customer's inspection of the goods, Customer shall be conclusively deemed to have inspected and accepted the goods within ten (10) days after receipt. Customer may not return any goods, under warranty claim or otherwise, without first reporting to SMI the reasons for such return and first obtaining and then observing such reasonable instructions as SMI may give in authorizing any return. In the event Customer desires to cancel an order, SMI may accept such cancellation in its sole discretion, however such cancellation, modification, or suspension of order will not be accepted on terms that will not fully indemnify SMI against its loss, including recovery of all direct costs incurred, including normal indirect and overhead charges.
Stock items only may be returned for a full product refund within 10 days of purchase date. Product must be in original packaging and/or free of any defects and in resellable condition. We will not accept or refund custom signs or any special order product. Original shipping charge will not be refunded. Customer may not return any goods, under warranty claim or otherwise, without first reporting to SMI the reasons for such return and first obtaining and then observing such reasonable instructions as SMI may give in authorizing any return. It is the responsibility of the customer to physically return the product/s to our 10 Meteor Drive, Toronto ON location and at the customer's expense. At the customer's request, we can arrange the courier of our choice to pick up the products at the customer's expense, with an additional handling fee (which is non-refundable). A restocking fee of up to 30% applies when the product purchase date is more than 10 days (same rules for returned product applies as above). A 30% restocking fee also applies for returned products where a large quantity of a particular product was ordered (considerable larger quantity than typically stocked) and this applies at all times, even before the 10 day policy noted above. Products that are specifically created, assembled or specifically purchased for the customer are not returnable, sales on these products are final.
SMI warrants that all goods will be free from defects in materials and workmanship for a period of six (6) months. ("Limited Warranty").
The Limited Warranty does not apply if (1) the defect is the result of use or handling of the goods in a manner, circumstances or purposes other than those approved or instructed by SMI; or (2) the goods are misused or abused or there is evidence of tampering, mishandling, neglect, accidental damages, modification or repair without the approval of SMI.
THE LIMITED WARRANTY PROVIDED ABOVE IS IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE LIMITED WARRANTY IS IN LIEU OF ANY OTHER LIABILITY OR OBLIGATION OF SMI FOR LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES (WHETHER SPECIAL, INDIRECT, SECONDARY, OR CONSEQUENTIAL) ARISING FROM OWNERSHIP OR USE OF THE GOODS. REPAIR , REPLACEMENT, OR CREDIT (AT SMI'S OPTION) UPON RETURN OF THE GOODS IS CUSTOMER'S SOLE REMEDY FOR ANY SUCH LOSSES, EXPENSES, INCONVENIENCES OR DAMAGES. CUSTOMER HEREBY WAIVES ANY RIGHTS THAT IT MIGHT OTHERWISE BE ENTITLED TO IN CONNECTION WITH THE MATTERS COVERED IN THIS PARAGRAPH.
NO CONSEQUENTIAL DAMAGES
Under no circumstances whatsoever shall SMI and Customer be liable to each other for any indirect, special, or consequential damages, whether foreseeable or unforeseeable and whether based upon lost goodwill, lost resale profits, loss of use of money, work stoppage, impairment of other assets, or otherwise and whether arising out of breach of warranty, breach of contract, strict liability in tort, negligence, misrepresentation, or otherwise, except only in the case of personal injury where applicable law requires such liability.
SMI take no responsibility for the accuracy or validity of any claims or statements contained in the information or related graphics of www.safetymedia.com (“Site”) or safetymedia.com. Further, SMI makes no representations whatsoever about the suitability of any of the information contained in the information or graphics on Site for any purpose. All such information and related graphics are provided without warranty of any kind. SMI makes no representations whatsoever about any other web site which you may access through Site. When you access a non-SMI web site, you understand and acknowledge that it is independent from SMI, and that SMI has no control over the content on any such Web site. In addition, a link to a non-SMI web site does not mean that SMI endorses or accepts any responsibility for the content, or the use, of such Web site. It is your responsibility to take precautions to ensure that whatever you select for your use by you is free of such items such as viruses, worms, trojan horses, and other items of a destructive nature.
IN NO EVENT WILL SMI BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE INFORMATION AVAILABLE OR REFERRED TO ON SITE.
USE OF SITE
While visiting Site, you may not: post, upload, publish, reproduce, transmit, or otherwise distribute information or other material: (a) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; (c) otherwise use this site in a manner which is contrary to law, including the posting or transmitting of any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.
The invalidity or unenforceability (in whole or in part) of any provision, term or condition hereof, will not affect in any way the validity and enforceability of the remainder of such provision, term or condition, or any other provision, term or condition.
SMI will not be deemed to have waived any provision of these Terms or any breach by Customer of any provision hereof, unless specifically set forth in writing and executed by an authorized representative of SMI. No such waiver by SMI will constitute a waiver of such provision or breach on any other occasion.
SMI shall not be responsible for any failure to fulfill its obligations hereunder due to causes beyond its reasonable control, including without limitation, acts or omissions of government or military authority, terrorist actions, acts of God, shortages of materials, transportation delays, fires, floods, labour disturbances, riots or wars.
These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to Federal law of Canada. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these Terms shall be filed and adjudicated only in the federal or provincial courts located in Ontario (Judicial District of Toronto), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms.
Any legal action with respect to any such transaction must be commenced within one year and one day after the cause of action has accrued.
These Terms, together with any quotation or invoice subject to these Terms, constitute the entire agreement and understanding of SMI and Customer. SMI assumes no liability except as expressly provided in these Terms.
All correspondence with SMI is to be drawn up in the English language.