Disclaimer
Acceptance of any order and sale of any goods are expressly conditional upon the terms and conditions as listed here in. Any order or statement of intent to purchase any such goods, or any direction to proceed with engineering, procurement, manufacture or shipment shall constitute assent to said terms and conditions. Any additional or different terms or conditions set forth in Buyer’s purchase order or similar communication are objected to and will not be binding upon ChargeBoom, unless specifically assented to in writing by an authorized representative of ChargeBoom management.
Modifications
ChargeBoom reserves the right to modify, at its sole discretion, the Terms of Use or to add new terms and conditions.
Pricing
All prices stipulated or promulgated by ChargeBoom are subject to change without notice. Prices do not include any present or future sales, use, excise, value added or similar taxes and, where applicable, such taxes shall be billed as a separate item and paid by Buyer.
Shipping
Buyer agrees to assume all costs related to but not limited to shipping and handling. All orders are shipped via Fedex Ground unless otherwise specified. Special packaging or handling charges may apply to oversize or custom orders. Please inspect your shipment immediately upon arrival. If your order is not received in satisfactory condition, keep all packaging material and notify ChargeBoom within 48 hours. All sales are made ex point of shipment, and the Buyer assumes all risks with title passing upon delivery to carrier at point of shipment, irrespective of who selects carrier. Shipping dates given in advance of actual shipments are best estimates and shall not be deemed to represent fixed or guaranteed shipping dates. ChargeBoom shall not be liable for failure to deliver or for delay in delivery or performance due to (a) a cause beyond its reasonable control or (b) an act of God, act or omission of Buyer, act of civil or military authority, governmental priority or other allocation or control, fire, strike or other labor difficulty, riot or other civil disturbance, delay in transportation or (c) any other commercial impracticability. Each shipment or delivery shall be deemed to have been sold under a separate and independent contract. If in the judgment of ChargeBoom, the financial condition of the Buyer at the time of manufacture or shipment does not justify the terms of payment specified on order, ChargeBoom reserves the right to require from Buyer full or partial payment or other adequate assurance of performance before manufacture or shipment. ChargeBoom reserves the right to suspend its performance until such a payment or adequate assurance of performance has been received. If payment is not made when due, Buyer agrees to pay a charge on the amount past due at the rate of 1.5% per month (18% per annum) or the maximum lawful rate, whichever is less. Nothing here in shall be deemed to extend or otherwise modify Buyer’s obligation to make payment when due.
Payments
All orders are prepay or Credit Card. For credit applications please email info@chargeboom.com. Checks are accepted as means of payment but shall not be regarded as settlement until they have been cleared. We cannot process an order unless it reaches the minimum order amount of $100.00 CAD or otherwise agreed upon from a representative of ChargeBoom management in written form. For your convenience we accept VISA and Mastercard.
Termination
Buyer may terminate an order only by mutual agreement based on payment to ChargeBoom of reasonable and proper termination charges.
Returns
We offer 30 days return from date of purchase. No return of goods will be accepted without prior authorization from a representative of ChargeBoom management. All returns must be accompanied by a Returned Merchandise Authorization (RMA) number provided by ChargeBoom. RMA numbers are valid for 90 days only. Except due to manufacturer defects, all returns must be unused, unaltered, in resalable condition and are subject restocking charges. Custom items under no exception must be paid in full prior to shipping and cannot be canceled, returned or refunded for any reason.
Limitation of Liability
ChargeBoom’s liability on any claim for loss or damage arising out of a contract or from the performance or breach there of or connected with the supplying of goods, or their sale, resale, operation or use, warranty, tort (including negligence) or other grounds, shall not exceed the price allowable to such goods or part there of involved in any claim. ChargeBoom shall not under any circumstances be liable for any labor charges, special or consequential damages including, but not limited to, bodily injury, loss of profits or revenue, loss of use of any product or associated product, cost of capital, cost of substitute products, facilities or services, downtime costs or costs of claims arising from Buyer or Buyer’s customers. Any technical or other advice or assistance furnished by ChargeBoom, which concerns any goods supplied hereunder, will not subject ChargeBoom to any liability, whether based on contract, warranty, tort (including negligence) or other grounds.
Limited Warranty
ChargeBoom warrants that its product/s (the “Product”) shall be free from defects in materials and workmanship under normal use, installation and maintenance in accordance with ChargeBoom’s specifications. If any failure to conform to this warranty is reported to ChargeBoom within six months from the date of purchase by the original buyer, ChargeBoom, upon being satisfied of the existence of such nonconformity, will, with exclusions (wear and tear) etc., correct same at its discretion by repairing or replacing the Product. This warranty does not cover damage resulting from mishandling in transit, vandalism, misuse, abuse, neglect, alteration, dismantling, acts of God or failure to exercise reasonable care in installing or maintaining the Product. This warranty applies only to the original buyers who purchased the Product directly from ChargeBoom. To obtain service under this warranty, email our sales/service department at info@chargeboom.com. NO EVENT WILL ChargeBoom BE LIABLE FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. This warranty gives you specific legal rights, and you may have other rights which vary from province to province in Canada.
Availability
ChargeBoom reserves the right to modify or discontinue products and/or related accessories without notice.
Governing law
All orders are accepted by Seller at its mailing address in Montreal, Quebec, and shall be governed by and interpreted in accordance with the laws of the province of Quebec.
General Information
Use of your personal information
For your safety
Copyright
All texts, images, photographs, information, audio clips, video clips, software and codes available on the Sites (collectively the “Content”), are protected by Canadian and foreign laws, including copyright laws, and belong to ChargeBoom. The modification, reproduction, distribution, transmission, dissemination, representation, networking, marketing, publication, licensing, public performance, downloading, creation of derivative works, internet posting, sale or any exploitation these contents are prohibited.
Trademarks
Certain names, words, titles, phrases, graphics, logos, icons or designs used may be trademarks belonging to ChargeBoom. You agree not to remove, edit or otherwise alter Trademarks, service marks, logos and other proprietary information. Trademarks and the information contained on the website or documents, including comments from users, may not be reproduced, in whole or in part, or used in any way without obtaining prior written consent.
Hyperlinks
ChargeBoom may offer links to other websites however ChargeBoom does not endorse or approve the content of these other websites, their products, services or publications that may appear thereon. The content available through these hyperlinks is not subject to ChargeBoom’s policies. Therefore, ChargeBoom shall not be held responsible for any damages that may incur when users are redirected to any website via hyperlink.
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