Terms and Conditions for OGCA’s Online Product Order Form
The following terms and conditions apply to purchasers of items offered for sale (“Products”). These terms and conditions are in addition to, and are not intended to substitute for or in any way limit, the other more general Terms and Conditions of the Site.
Individuals or organizations that wish to order a Product from the Site must complete the required information on the online order form or fax order form provided, and supply current, complete, and truthful information as prompted. In the case of orders for Products, you agree to notify OGCA promptly of any changes in this information until such time as the order has been fulfilled. Products may be purchased for lawful purposes.
Product prices listed on the Site are provided for informational purposes only, and do not constitute an offer to sell Products. Unless otherwise stated, prices are in Canadian dollars and do not include applicable taxes or shipping, handling, or insurance costs. You accept sole responsibility for the importation of any Products, including required licenses and permits and all associated costs, from Canada into other jurisdictions.
When you select Products for purchase and choose “submit” on the order page, the total of the Product price, taxes and any applicable shipping, handling, or insurance costs may be invoiced or charged to the credit card number you provide. You confirm that you are authorized to use such credit card number to make this purchase and permit OGCA to take steps to verify such authorized use. Your credit card will be charged the price for the Product at the time of purchase, which may differ slightly from the price posted on the Site. OGCA will automatically check your membership status before processing payment and charge your credit card the appropriate price for your membership status. Orders are not binding upon OGCA until OGCA at its sole discretion accepts the order. You are responsible for all charges incurred in your use of the Site, whether or not authorized by you. You should inform yourself of the extent of your liability for unauthorized charges under any credit card agreement(s) that may apply to you.
Delivery, Risk of Loss and Title
OGCA will ship Products to you F.O.B. OGCA’s warehouse is located in Ontario. Upon OGCA’s delivery of the shipment to the carrier, you assume the risk of loss and/or damage to the Products and title passes to you.
OGCA warrants to you that Products purchased from the Site will be free from defects in materials and quality of work. The foregoing warranty shall not apply to a Product that has been modified without authorization or damaged by accident, act of God, shipment, improper installation, misuse or misapplication. As your exclusive remedy for breach of this warranty, you may return, shipping prepaid, any such Product for replacement at no additional charge, or for a refund of the Product price plus applicable taxes, but not including shipping, handling, insurance or any other charges incurred. The foregoing warranty shall not apply to a Product that has been (a) damaged by accident, act of God, shipment, improper installation, misuse or misapplication, or (b) modified without OGCA’s express written acceptance of such modification for warranty purposes. Except as expressly provided in this paragraph and to the full extent permitted by law, this limited warranty is in lieu of all other warranties, representations, conditions, undertakings or other terms express or implied, written or oral, all of which are excluded, including, but not limited to, warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, title and non-infringement and those arising by statute or from a course of dealing, or usage for trade. Any applicable statutory consumer rights are not affected by this clause.
Limitation of Liability
To the full extent permitted by law, OGCA shall have no liability to you or any other person or entity for damages of any kind arising out of the delivery, delay in delivery, or use of products purchased from OGCA. Liability for OGCA’s failure to deliver a paid product to the agreed carrier is limited to a refund of the product price, applicable taxes, and any unused shipping, handling or insurance charges paid to OGCA. OGCA will not be liable for the cost of procurement of substitute goods by you or any other person or entity. The limitations in this section will apply, where permitted, notwithstanding the failure of the essential purpose of any warranty remedy.
All sales are final. Prices are subject to change without notice.
OGCA warrants that products will be shipped within 72 hours of receipt of order. Orders will be shipped by courier, or Canada Post, depending on the value of the order. OGCA reserves the right to determine which method of shipping is used.
Product Changes & Availability
Products may not be exactly as shown or described. OGCA does not guarantee that all Products advertised on the Site will be available at all times. OGCA reserves the right to limit quantities.
Sales transactions are void wherever such transactions are prohibited. In addition to the Applicable Laws provisions herein, the parties expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods.