Sales Terms & Conditions
The following is the terms of the agreement between Canadian Tactical and Operational Medical Solutions Inc. ("CTOMS") and the buyer ("Buyer") of goods or services through CTOMS Website ("CTOMS Website" or "Website"). An authorized Dealer or Distributor, as established through, and bound by terms in a separate formal Agreement with CTOMS is not considered a Buyer under the terms of this Agreement.
Buyer agrees to the terms and conditions outlined in this Online Contract (the "Contract") with respect to the goods, services, and information provided by or through the Website or by any sales transactions be them over the phone, email, fax, or in person. This Contract constitutes the entire and only agreement between CTOMS and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods, services, and information provided by or through the Website, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything, and purchase of any goods or services shall be deemed acceptance of this Contract.
Retail prices are the best individual sale prices CTOMS shall offer to the Buyer. From time to time, promotional and sale prices may be applied to retail prices at the sole discretion of CTOMS.
Government (Federal, Provincial, and Municipal) Agency accounts are available upon request and may be eligible for discount pricing. Minimum quantity orders may be required to receive such price discounts.
All prices are subject to change without notice due to international currency and market fluctuations. Quotes, if provided, are valid for the term printed on the quote. In the absence of a printed time term, prices may change without notice. CTOMS reserves the right to accept or reject any and all purchase orders or requests. All prices are shown in Canadian dollars except if otherwise specified. Purchases with foreign credit cards are converted at the time of transaction by the credit card company and the exchange rate is not the responsibility of CTOMS.
All online orders are credit card payment only. Offline orders can be made by credit card over the phone. Product will be shipped only after payment has cleared.
SALES TAX AND DUTIES
All orders shipped within Canada are subject to GST, PST, QST, and HST when and where applicable.
Regarding international orders, all customs charges, import fees and taxes, brokerage fees, duties, tariffs and other exporting and importing fees and taxes are the responsibility of the Buyer.
All orders are shipped FOB 4625 101 Street NW, Edmonton, Alberta, Canada T6E 5C6, unless otherwise stated. From time to time, drop shipments may occur directly from a manufacturer to the Buyer. All rights reserved and title of merchandise transfers to the purchaser upon delivery to the carrier. Orders are shipped via Canada Post, United Parcel Service (UPS), Federal Express (FedEx), or DHL as per customers request or in the absence of a specific customer request, at CTOMS' discretion.
Shipping and insurance charges are estimated by weight, size, value, and final destination. All orders will be shipped at actual shipping value, or flat rate when applicable. Only basic insurance within the couriers policy will be included. If the actual shipping charges are significantly more than what was pre-authorized for a purchase, as determined by CTOMS, CTOMS will contact the Buyer before shipping to arrange for payment of the additional charges. Should the Buyer wish to include increased insurance on their high value purchase, the Buyer must contact CTOMS directly to arrange for the insurance and payment for the charges associated as soon as the order is placed.
The acceptance of a shipment by common carrier shall constitute as successful delivery to the Buyer.
CTOMS shall not be held responsible for merchandise or the applicable monetary value of shipments that are damaged or lost in transit. Additionally, CTOMS shall not be held responsible for shipments returned to sender due to being unclaimed or due to incorrect/incomplete address information supplied by the Buyer. Should an order be returned to sender, CTOMS will contact the Buyer via a form of contact information made available on the Buyer’s customer account. The Buyer will be offered reshipment of the order at the Buyer’s expense for the cost of shipping and payment information will be taken from the Buyer at that time, or the Buyer may choose to cancel the order and accept a refund to the original payment method/credit card for the item(s) on the order. Shipping charges are not applicable for refund.
OUT OF STOCK ITEMS
Items that are out of stock are replenished at CTOMS’ warehouse from the vendor as they become available. Manufacturing and distribution timelines from vendors are out of CTOMS control; Availability of product is determined by the vendor. If only part of a Buyer’s order is out of stock, the order will be shipped once the out of stock item(s) become available and the order can ship complete. If required, the Buyer may call and speak with a CTOMS sales representative to arrange to have separate partial shipments of their order sent. Shipping will be charged at cost on all respective shipments if the order is split. In the event that an out of stock item(s) on a Buyer’s order becomes discontinued or no longer available from a vendor, CTOMS will notify the Buyer and process a cancellation/refund for the item(s).
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer's credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through Buyer's account. Buyer agrees to keep his or her password confidential and to notify CTOMS immediately of any breach of this Contract of unauthorized use of the password. CTOMS does not protect Buyer from unauthorized use of Buyer's password.
EDITING, DELETING AND MODIFICATION
CTOMS reserves the right to change, modify, add or remove portions of this Agreement from time to time and in our sole discretion. Without notice, CTOMS may modify prices, and may discontinue or revise any or all aspects of the Website in its sole discretion and without prior notice. When you visit the Website, you are accepting the current version of this statement as posted on the Website at that time. We recommend that users revisit this statement on occasion to learn of any changes and prior to every new purchase.
RIGHT TO REFUSE
CTOMS reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Buyer agrees to indemnify, defend and hold CTOMS and its affiliates, licensors and suppliers harmless for any liability, loss, claim and expense, including reasonable attorney's fees, related to Buyer's violation of this Contract or use of the Website.
Buyer's right to use the Website is not transferable and is subject to any limits established by CTOMS or by Buyer's credit card company.
THE SITE, CONTENT, GOODS AND SERVICES FROM OR THROUGH THE SITE ARE PROVIDED "AS-IS", "AS AVAILABLE", AND ALL WARRANTIES, EXPRESSED OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE SOLE AND ENTIRE MAXIMUM LIABILITY OF CTOMS™ INC., FOR ANY REASON, AND BUYER'S SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE AMOUNT PAID BY THE CUSTOMER FOR THE PARTICULAR ITEMS PURCHASED. CTOMS™ INC. AND ANY OF ITS AFFILIATES, DEALERS OR SUPPLIERS ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OF THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITIY OF SUCH DAMAGES. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASICS OF THE BARGAIN BETWEEN CTOMS™ INC. AND BUYER. THIS SITE AND GOODS AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
CTOMS’ warrant applies only to products purchased directly from CTOMS or our authorized Dealers or Distributors with proof of purchase, unless otherwise prohibited by law.
Warranty on non-CTOMS brand products is limited to that of the manufacture, if any.
CTOMS sole warranty is that the goods sold are merchantable at the time of sale and is only applicable to the original purchaser of the goods. CTOMS disclaims all other express or implied warranties. CTOMS expressly disclaims liability for any way the goods are used. The sole remedies for a warranty claim is to repair or replace the defective good, or to refund the purchase price. Selection of the appropriate remedy will be at CTOMS discretion. To the maximum extent permitted by law, CTOMS shall not be liable for any special, extraordinary, exemplary, consequential, or similar damages. The customer’s sole remedies are set forth in this warranty.
RETURN, EXCHANGE, REFUND POLICY
Most products manufactured or sold by CTOMS may be returned or exchanged, some restrictions may apply.
A refund or exchange may be requested by the Buyer within thirty (30) days from the date of shipment of the order. Returns/exchanges are accepted only after the Buyer obtains a Return Merchandise Agreement (RMA). An RMA is provided to the Buyer by contacting CTOMS directly at firstname.lastname@example.org or toll free at 1-780-469-6106 or (toll free) 1-888-832-7096 . Aside from items with manufacturer defect, returns must be presented in original, unused condition with all applicable packaging and/or tags intact.
Items displayed as “Special Order” may be subject to a 10% restocking fee.
Discrepancies on an order, such as shortages, overages, or incorrect items being ordered/shipped, must be reported to CTOMS no later than 30 days from the date of shipment for North American shipments and 45 days from the date of shipment for International shipments outside of North America. Report of manufacturer defect must be made within 6 months of the date of the shipment unless otherwise outlined in a Vendor’s specific Warranty Policy for Retailer/Distributor purchases. CTOMS will not be held responsible for discrepancies or defects reported beyond these restrictions.
Medical devices and safety equipment (including rope, carabiners, harnesses and the like as determined exclusively by CTOMS) cannot be returned, exchanged, or refunded for safety/liability reasons and are final sale only.
CTOMS reserves the right to refuse any return for any reason.
All products with manufacturer defect are to be reported and authorized by CTOMS to be returned for repair, exchange, or refund at CTOMS’ sole discretion. Medical Devices or safety equipment with manufacturer defect or other problems are to be reported as soon as possible for investigation and correction.
Refunds will be credited to the payment method used in the original transaction.
Shipping charges are not refundable. Return and Exchange item shipping charges are the responsibility of the Buyer except in the case of warranty return due to manufacturer’s defect, or an error on CTOMS behalf in the item(s) shipped.
MEDICAL DEVICES REGULATIONS COMPLIANCE
All Medical Devices sold by CTOMS are, to the best of CTOMS' knowledge, in compliance with Canadian Medical Devices Regulations (SOR/98-282) of the FOOD AND DRUGS ACT. CTOMS holds a Medical Device Establishment License and has established procedures to ensure proper classification, labeling, storage, shipping, complaint handling, problem reporting, and recall procedures.
The uses to which the products are put are solely within the discretion and responsibility of the Buyer. Certain devices sold may require special training, qualifications, registration, licensing, scope of practice and Medical Direction to lawfully use. It is the responsibility of the Buyer to ensure that the products are used within the confines of all applicable Statutes, Regulations, and Laws to which the Buyer is governed. Neither CTOMS, nor its officers, directors, employees, contractors, agents, vendors, distributors, dealers, or affiliates are responsible or liable for any loss, damage (including, but not limited to, actual, consequential, or punitive), liability, claim or other injury or cause related to or resulting from any use, whether proper or improper, of products sold by CTOMS.
This Contract shall be treated as though it were executed and performed in Alberta, Canada and shall be governed by and construed in accordance with the laws of Alberta, Canada (without regard to conflict of law principal). Any cause of action of Buyer with respect to the Website must be instituted within 1 month after any purchase or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 12 (DISCLAIMER). The language in this Contract shall be interpreted as to its fair meaning and not strictly for or against any party.
All legal proceedings arising out of or in connection with this Contract shall be brought solely in Alberta, Canada and Buyer expressly submits to the jurisdiction of said courts and Buyer consents to extra-territorial service of process. Should any part of this Contract be held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Website or CTOMS is in conflict or inconsistent with this Contract, this Contract shall not be deemed a waiver of such provision nor of the right to enforce such provision.
This Contract represents the entire understanding between you, the Buyer, and us, CTOMS and your relationship with us online and supersedes any prior statements or representations. BY COMPLETING YOUR PURCHASE YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. If you do not agree with the terms herein, do not purchase products or services from CTOMS.