Terms & Conditions
Please read the following Terms of Use carefully. By using this Web Site, you acknowledge that you have read the terms and conditions and that you accept and will be bound by the terms thereof, as they may be modified by Vedra Industries and glycol.ca, from time to time, as posted on this Web site. When such a modification is made, we will post a revised version of the Terms of Use on this Web site. Changes will be effective when they are posted. Vedra Industries is not required to provide you with notification that any such change has been made. It is your responsibility to review these Terms of Use from time to time to be aware of any such change. Your continued use of the service will indicate your agreement to any such change. We reserve the right to add to, remove, change or terminate access to any of the content or functions of the service without giving specific notice to you. If you do not agree to the Terms of Use, you may not use this Web site. Access to certain areas of this Web site is restricted to those who have a valid Login Name and Password and who have accepted these Terms of Use. Access or attempted access by unauthorized individuals may be subject to prosecution. Any use of the Web site is at the sole risk of the user. When used in these Terms of Use, Vedra Industries and glycol.ca shall include any affiliates, directors, officers and employees.
Except as otherwise indicated, information on this Web site is protected by copyright. Unless otherwise specified (see Limited Disclaimer of Copyright below), no one has permission to copy or republish, in any form, any information found on this Web site.
The posting of information or other materials to this Web site does not constitute a waiver of any proprietary right in such information and materials (such as, but not limited to, copyright, service marks, trademarks, trade names, or other intellectual property) and does not transfer any rights to a user of the Web site or any other third party, except as expressly provided therein.
Service Marks and Trademarks
Vedra Industries and glycol.ca are service marks or trademarks of Vedra Industries.
Limited Disclaimer of Copyright
Any authorized person may view the information (and incidentally create an electronic copy of the information) available from this Web site for informational purposes only. No part of the information at this Web site can be otherwise redistributed, copied, or reproduced in any form without prior written consent of Vedra Industries.
Disclaimer of Warranties
This information is provided “AS IS” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
Typographical Errors
Vedra industries makes no representation as to the accuracy, timeliness, or completeness of the web site materials. Vedra industries, periodically amends, changes, adds, deletes, updates or alters the information, including, without limitation, the terms of use, at the web site without notice. Further, Vedra industries, assumes no liability or responsibility for any errors or omissions in the content of the web site. Vedra industries, specifically disclaims any duty to update the information on the web site.
References to Vedra industries, and its services and products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall Vedra industries, or any other party involved in the creation, production, or delivery of the information at this web site be liable for any direct, indirect, special, incidental, consequential, or punitive damages of any kind, or any damages whatsoever resulting from loss of use, computer virus or system failure, data or profits, whether or not advised of the possibility of damages, and on any theory of liability, arising out of or in connection with the use or performance of this web site (or the information or services provided at this web site) on any web site related to any third party, or users’ inability to use the information or materials contained in the web site (or any other web site). In no event shall Vedra industries’ liability to users for all damages, losses, and causes of action (whether in contract or tort, including, but not limited to, negligence or otherwise) exceed the amount, if any, paid by users to Vedra industries, for accessing the web site. Vedra industries makes no warranty of any kind with respect to the subject matter included herein or the products listed herein. Vedra industries, specifically disclaims all warranties, expressed, implied, or otherwise, including, without limitation, all warranties of merchantability and fitness for a particular purpose.
This Web site could include technical inaccuracies or typographical errors.
Indemnification by User
User agrees to indemnify, defend and hold vedra industries, harmless from any liability, loss, claim and expense, including attorney’s fees related to a user’s violation of these terms and conditions or the use of the services, including technical support, and information provided at this web site.
Links to other websites
This Web site may contain links to other Web sites not owned or managed by Vedra Industries, or its affiliates. Vedra Industries, is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored, or checked for accuracy or completeness by Vedra Industries. Inclusion of any such linked Web site does not imply approval or endorsement of the linked Web site by Vedra Industries.
Submission of Information
All information transmitted or otherwise submitted to Vedra Industries, via this Web site shall be deemed to be the property of Vedra Industries, and Vedra Industries, shall be free to use such information for lawful purposes. Vedra Industries, shall not have any obligation to keep such information confidential except as otherwise specifically agreed in writing by Vedra Industries, or as required by law. Users should note that electronic transmissions to and from this Web site are not confidential and may be read or intercepted by others.
Login Name and Password
You must have a valid account identification and password to conduct any transactions from this Web site, other than “browsing” the site for general information. You are responsible for maintaining the confidentiality of your account identification or password. You agree to immediately notify Vedra Industries, of any unauthorized use of your account identification or password or any other breach of the security of your account or this Web site. You must ensure that you exit from your account at the end of each session.
Governing Law
These Terms of Use will be governed by and construed in accordance with the laws of the Canada and the Province of Ontario without regard to conflict of law principles, and users agree that all legal proceedings related to the matters herein shall be adjudicated solely in the courts of Hamilton, Ontario. Users consent to extra-territorial service of process and submit to the jurisdiction of said courts.
To the extent any portion of these Terms of Use shall be determined to be unenforceable by a court of competent jurisdiction, such portion will be modified by the court solely to the extent necessary to cause such portion to be enforceable, and these Terms of Use as so modified will remain in full force and effect.
Any waiver of any provisions contained in these Terms of Use by Vedra Industries, shall not be deemed to be a waiver of any other right, term, or provision of these Terms of Use. Any waiver of these Terms of Use must be in writing and signed by our authorized representative. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Privacy
Personal information is not sold or shared with third parties, except as needed to comply with regulatory considerations, and/or normal business practices.
Terms of Payment
Terms of payment are net cash before shipment. All payments shall be made in CDN dollars. We accept all major credit cards or other forms of payment via inter-bank transfer or cheques (shipments will be held until cheques clear). Seller reserves the right to require payment pursuant to irrevocable letter of credit issued by a financial institution acceptable to Seller or by documentary draft if specified on the front of this quotation, prior to manufacture, preparation, and shipment of any products.
Prices
Prices are based on current costs and therefore subject to change without notice to account for changes in the cost of raw materials and other direct costs beyond Seller’s control. Current market conditions are unstable due to supply chain issues. Prices, as indicated, are subject to change, without notice. For deliveries to points outside of Ontario, Prices quoted by Seller are exclusive of all excise and similar taxes. All taxes and costs are paid by the Buyer.
Cancellation
Orders accepted by Seller are not subject to cancellation by Buyer, except with Seller’s written consent and upon terms that compensate Seller for any loss or damage arising out of said cancellation. Cancellation requests must be submitted in writing. All cancellations are subject to a 25% cancellation fee from the Buyer.
Returns
We accept product(s) returned for credit to the buyer’s account only with prior written approval by Seller. To obtain this permission you must contact us with your request. You will be issued a Return Materials Authorization document that must be included with your return shipment. Returns must be within 14 days of buyer’s receipt of the product(s). Returns are allowed only for justifiable reasons. Containers must be in the original shipping condition, and cannot have been opened or be damaged or used in any manner. Returns, if so warranted, shall be freight prepaid by the buyer, and in original packaging.
Refunds
The cost you actually paid for the item or items being returned, less shipping and a 25% restocking charge, will be returned within 30 days of its receipt at Seller’s warehouse, provided
the returned product or products must not have been opened, punctured, used or in any affected in any other manner that would render the product(s) unfit for resale. The transaction will be refunded in the way it was processed (e.g. credited to the credit card you used). The return transaction must be within 30 days from the date of delivery of the item or items being returned.
Customers assume all responsibility for purchase and safe, proper and legal use of the products they purchase.
Shipment & Risk
All orders are freight and insurance prepaid by Buyer. Title to and risk of loss of the Products are transferred to Buyer upon Sellers delivery of the Products to the carrier, unless the Products are sold F.O.B. Destination, in which case title and risk of loss pass to Buyer upon delivery of the Products to Buyer at the delivery destination. Route of shipment is at Seller’s discretion, unless Buyer supplies explicit instructions. All shipments are incurred at Buyer’s expense and made at the Buyer’s risk.
Delays
Seller will not be liable for any delay in the delivery or shipment of products, or for any damages suffered by Buyer by reason of such delay, when such delay is beyond Seller’s control. Seller shall have the additional right if any of the above mentioned contingencies occur, at Seller’s option, to cancel in whole or in part, this contract without any resulting liability.
Confidentiality
Any designs, sketches, formulae, proofs, etc. originated by Seller are submitted in confidence and will not be disclosed by Buyer to any third party. Unless otherwise agreed in writing, such items are owned by Seller.
Chemicals
Seller reserves the right to select sources of supply for chemicals. Seller does not guarantee the compatibility or performance of chemicals with any specific customers’ product.
Limited Warranty
The sole and exclusive warranty provided herein is that the products sold are warranted to be free from defects in material or workmanship as established by Seller’s standards of acceptable quality for a period of 12 months from the date of the delivery of the Goods. This express warranty is in lieu of all other warranties, express or implied. A claim for breach of the warranties must be received by the Seller within 12 months of the use or providing of the Goods or Service or the claim shall not be valid. Buyer’s remedy under this warranty is to have its account credited with the invoice amount, or at Seller’s sole option to have any products which contain defects at variance with Seller’s specifications replaced, provided the specific defect is reported to Seller within thirty (30) days after the date of initial shipment. For Goods not manufactured by Vedra Industries, the warranty shall be the manufacturer’s transferable warranty.
Every such claim under this warranty shall be deemed waived by Buyer unless it is made in writing within thirty (30) day period. Defective products or any other product returns may be returned to Seller only after Seller’s inspection and then only upon receipt of definite instructions for said return received from Seller, i.e., the Buyer must obtain a written Returned Goods Authorization from the Seller. Any products returned without Seller’s advance written instructions will not be received for replacement or credit. Products returned without defect which are approved for return by the Seller are subject to a 25% restocking charge. Seller gives no warranty as to merchantability or as to fitness for any purpose.
Limitation of Liability
Under no circumstances shall seller be liable to buyer or any other person for any incidental, consequential or special damages, losses or expenses arising from losses or expenses arising from this contract or its performance or in connection with the use of, or inability to use the products for any purpose whatsoever or for injury to person or damage to or loss of property or value caused by any of the products. The Buyer shall indemnify and hold Seller harmless from and against all loss, cost, damage or liability arising from the transport, use, storage and disposal of any of the products. In no event will Seller’s liability exceed the price paid for the products.
Limitation of Actions
No action regardless of form arising out of any contract with the Buyer may be commenced more than one (1) year after the cause of action has accrued. Buyer shall reimburse Seller for any attorney’s fees and other legal expenses incurred in enforcing or defending its rights under any contract arising from this quotation.
Indemnification
Buyer will indemnify, defend and hold Seller harmless from any claims, losses, expenses, and liabilities whether for personal injury or property damages, including but not limited to any indirect, special or consequential damages, fines or penalties, whether civil or criminal, arising from its ownership, use, and operation of the Products.
Jurisdiction
Buyer and the Seller, each, to the extent that it may lawfully do so, hereby consents to the jurisdiction of the courts of the Province of Ontario, Canada, for any suit, action, or other proceeding arising out of any of its obligations hereunder or with respect to the transactions contemplated hereby, and expressly waives any and all objections such party may have to venue in any such courts. Each party, to the extent that it may lawfully do so, further agrees that a summons and complaint commencing an action or proceeding in any of such courts shall be properly served and shall confer personal jurisdiction if served personally or by certified mail to it as its address provided at the beginning of this quotation or as otherwise provided under the laws of the Province of Ontario.