Order Terms Conditions

TERMS OF USE


STORMTECH PERFORMANCE APPAREL LTD. WEB SITE

Below are the terms and Condition of sale for ordering and decoration with Stormtech Canada.

GENERAL TERMS AND CONDITIONS

The Commercial Terms and Conditions (T&C) shall govern the sale of Goods from Stormtech Performance Apparel Ltd (Stormtech) to you and/or the company you are authorized to represent. Stormtech’s performance is expressly made conditional upon your agreement to the Commercial T&C. Any provisions or conditions of any purchase order or other document, which are inconsistent with or in addition the Commercial T&C are hereby rejected and shall be inapplicable and not binding upon Stormtech.

1. Ordering

Stormtech will accept orders in writing, by telephone or through electronic means. You may not cancel an order once an order confirmation has been sent, except with consent by Stormtech.

2. Delivery

Goods are delivered FOB Canada’s shipping facility. Stormtech reserves the right to determine the best shipping method unless specifically pre-routed by customer. When shipping with customers requested carrier, all costs of transportation and insurance shall be borne by the customer.


Stormtech shall make commercially reasonable efforts to meet any shipment date stated on the face of any accepted order. However, you understand and agree that shipment of Goods is subject to availability and carrier timelines, and STORMTECH EXPRESSLY DISCLAIMS LIABILITY FOR ANY FAILURE TO MEET SUCH DELIVERY DATES.


Stormtech offers free freight on orders over CAD $300 shipped via ground with Stormtech’s preferred carrier within Canada. Stormtech may periodically offer other free freight promotions and free freight is subject to change in Stormtech’s sole discretion. You may also pick up your orders at Stormtech’s Burnaby Distribution Centre.

3. Payment

Goods are purchases in accordance with Stormtech’s price list in effect at the time of the order (less other discounts, if any). Prices are exclusive of all sales or use taxes, PST, GST or HST (including without limitation harmonized sales tax or goods and services tax), tariffs, customs (except fees associated with original importation which Stormtech pays) and other governmental charges. You shall pay or reimburse Stormtech for any and all such charges.


Late payment of any amount will be grounds for Stormtech to discontinue performance under these terms and conditions of sale. Amounts not paid by the due date specified on invoice are subject to a monthly interest charge of 2% per month (24% per annum)


Returned cheque(s) will be subject to a CAD $40.00 per cheque charge.


4. Pricing

All prices are subject to change without notice, other than orders already accepted by Stormtech. Stormtech assumes no responsibility and shall incur no liability whatsoever if price change notices are not received.


5. Returns

Returns can be requested within 30 days from the date of receipt of the merchandise. No returns will be accepted past this date. A 10% restocking fee will apply to all returns, except for samples, exchanges and warranty returns. There is a minimum restocking fee of $5.00.


Discounted samples, clearance items, promotional, embroidered or decorated items, soiled, or washed garments are not returnable for credit under any circumstances.


It is your responsibility to verify the accuracy of style, colour, size and quantity on orders shipped prior to decorating.


All returns must be authorized and identified with a STORMTECH RETURN AUTHORIZATION NUMBER (RA#) PRIOR TO SHIPPING. RA numbers are only valid for 30 days and must be enclosed with the return shipment. Returns are shipped at your expense. Claim returns due to defective merchandise must be made in accordance with Stormtech’s Warranty Policy.


6. Ownership of Goods

Unless otherwise agreed to in writing, Stormtech retains ownership (Security Interest) of all goods shipped until paid for in full.

7. Approvals of Proofs

You are responsible to ensure that proofs are correct in all respects. You should check spelling, colors, logo size, logo placement, layout and design as well as order pricing, add-ons and quantities before approving proof.

8. Infringement Claims

Stormtech disclaims any liability for any claims or damages for infringement of any intellectual property rights belonging to a third party arising out of use of artwork or logo supplied by you to Stormtech. You agree to forthwith defend, fully indemnify and hold completely harmless Stormtech and its agents from any and all claims or damages, direct or indirect including consequential damages, as a result of the actual or alleged infringement of any copyright, trademark or patent owned by a third party arising from Stormtech’s use of art work or logo supplied by you to Stormtech.

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