In these Conditions:
BUYER – means the person who buys or agrees to buy the Goods from the Seller;
CONDITIONS – means the terms and conditions of sale set out in this document and any special terms and conditions agreed in writing by the Seller;
CONTRACT – means a contract between the Seller and the Buyer for the sale and purchase of Goods in accordance with these Conditions;
DELIVERY DATE – means the date specified by the Seller when the Goods are to be delivered, or the date on which delivery takes place, whichever is the later;
DELIVERY DESTINATION – means the location specified in a Contract for the delivery of the Goods ordered by the Buyer under that Contract;
GOODS – means the articles which the Buyer agrees to purchase from the Seller;
SELLER – Jumbo Canada Inc.
2. CONDITIONS APPLICABLE
2.1 These Conditions shall apply to all Contracts to the exclusion of all other terms and conditions including any terms or conditions which the Buyer may purport to apply under any purchase order, confirmation of the order, or similar document.
2.2 All orders for Goods shall be deemed to be an offer by the Buyer to purchase Goods pursuant to these Conditions.
2.3 Acceptance of delivery of the Goods shall be deemed conclusive evidence of the Buyer’s acceptance of these Conditions.
2.4 Any variation to these Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless expressly agreed in writing by the Seller. The Buyer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Seller which is not set out in the Contract.
2.5 Quotations issued by the Seller do not constitute an offer by the Seller to supply the Goods referred to therein.
3.1 In such cases where the Goods are sold by reference to the Seller’s published price list, the price payable for the Goods shall be the price stipulated in the Seller’s published price list current at the date of the Contract, or the date on which the Goods were ordered by the Buyer (as applicable). Otherwise, the price payable for the Goods shall be the price agreed upon by the Seller and the Buyer.
3.2 The Seller reserves the right to increase from time to time the current price list without giving written notification to the Buyer due to the volatile nature of the raw materials used and specific market conditions.
3.3 The price is exclusive of HST/GST/QST (or any similar tax) or any tax or duty relating to manufacture, transport, export, import, sale, or delivery of the goods which shall be due at the rate ruling on the date of the Seller’s invoice.
3.4 All prices are quoted in Canadian Dollars unless otherwise specified, and all payments must be made in Canadian Dollars unless otherwise agreed in writing by the Seller.
4.1 Delivery shall take place by such method as the Seller may in its absolute discretion decide, to the location specified by the Buyer (the “Delivery Destination”), on or as close to the Delivery Date as is reasonably practicable in all the circumstances. For the avoidance of doubt, the Delivery Date is approximate only, and unless otherwise expressly agreed in writing by the Seller, time is not of the essence for delivery.
4.2 Costs of packaging and delivery shall be included in the price of the Goods unless otherwise stated in the Sale Invoice.
4.3 No delay in the delivery of the Goods shall affect the price of the Goods or entitle the Buyer to reject any delivery or any further installment or part of the order or any other order from the Buyer or to repudiate the Contract or the order.
4.4 The Buyer’s attention is drawn to the provisions in Condition 9.1.3.
4.5 If, for any reason, the Buyer fails to accept delivery of any of the Goods when they are ready for delivery, or the Seller is unable to deliver the Goods on time because the Buyer has not provided appropriate instructions, documents, licenses, or authorizations, then Seller may store the Goods until delivery, whereupon the Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). This provision is without prejudice to any of the Seller’s rights in relation to a failure by the Buyer to take delivery of the Goods or pay for them in accordance with the terms of the Contract.
4.6 Subject to the other provisions of these Conditions the Seller shall not be liable for any direct, indirect, or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs damages, charges or expenses caused directly or indirectly by a delay in the delivery of the Goods (even if caused by the Seller’s negligence), nor shall any delay entitle the Buyer to terminate or rescind the Contract unless such delay exceeds sixty (60) days.
5.1 Unless the Contract provides otherwise, subject to 5.3, payment of the price, HST/GST/QST, and any other tax, duty, insurance, storage, or delivery charges shall be due within thirty (30) days of the end of the month of invoice.
5.2 In the event that payment is to be made by a letter of credit then it shall be an express condition of the Contract that the letter of credit is irrevocable and is drawn on or confirmed by a Canadian Schedule I bank paid over Canadian counter and all the documentation is presented to the Seller when requested by the Seller or otherwise in accordance with the terms of the Contract.
5.3 All payments payable to the Seller under the Contract shall become due immediately on its termination despite any other provision.
5.4 Time for payment shall be of the essence.
5.5 The Buyer may not withhold payment of any invoice or other amount due to the Seller by reason of any right of set-off or counterclaim which the Buyer may have or allege to have or for any reason whatsoever.
6. LATE PAYMENT
6.1 In the event that the Buyer fails to make payment of any invoice within its due date for payment then the Seller shall be entitled to (without limitation):
6.1.1 Charge interest on such invoice from the date of the invoice until the date of payment of the invoice at a rate of 2% above the Prime Rate from time to time in force at Royal Bank of Canada and such interest shall accrue at such rate after as well as before judgment;
6.1.2 Charge additional interest in accordance with the provisions of the Courts of Justice Act (Ontario) at such rates and for such times as may be permitted under the Act;
6.1.3 Suspend or cancel deliveries of any Goods due to the Buyer;
6.1.4 Appropriate any payment made by the Buyer to such of the Goods (or any other Goods supplied under any other contract with the Buyer) as the Seller may in its sole discretion think fit;
6.2 For the avoidance of doubt, the rights and remedies of the Seller set forth hereto are cumulative, not exclusive, and the exercise of one thereof shall not deprive the Seller of the right to exercise others.
6.3 The Seller shall be entitled to exercise the remedies in Condition 6.1.4 above notwithstanding that risk and/or title to the Goods may not have passed to the Buyer.
7. RISK AND TITLE
7.1 Risk in the Goods shall pass to the Buyer:
7.1.1 Risk of loss shall pass to Buyer according to delivery terms specified in the Sale Invoice (Incoterms 2010); or
7.1.2 if the Goods are kept at the Seller’s premises under the provisions of either Condition 4.2 or Condition 4.6, or otherwise to the Seller’s order, upon collection of the Goods by the Buyer, or upon the expiry of seven (7) days from the Seller’s written notice to the Buyer that the Goods are ready for delivery, whichever is the earlier.
7.2 The Seller accepts no responsibility for any loss, damage, or shortage which may occur to the Goods in transit after risk has passed to the Buyer, and in the event that the Buyer has a claim arising in respect of any such loss, damage, or shortage, then such claim should be notified to both the Seller and the Carrier as soon as is reasonably practicable. The Buyer undertakes in such circumstances to comply in full with the carrier’s standard conditions for claims for damage, shortage, or loss in transit and agrees to indemnify the Seller against any loss resulting from a failure to so comply.
7.3 Notwithstanding that delivery may have taken place and/or risk in the Goods may have passed to the Buyer, title to the Goods shall not pass to the Buyer until such time as the Seller has received in cash or other cleared funds full payment of the price of the Goods and all other goods agreed to be sold by the Seller to the Buyer for which payment is then due.
7.4 Until such time as title in the Goods passes to the Buyer:
7.4.1 the Buyer shall hold the Goods as the fiduciary agent and bailee of the Seller, and shall keep the Goods separate from those of the Buyer and third parties, and shall keep the Goods properly stored, protected, and insured against all normal risks, to the reasonable satisfaction of the Seller and identified as the Seller’s property and shall not destroy, deface or obscure any identifying mark or packaging on or related to the Goods;
7.4.2 the Buyer shall be entitled to use, re-sell or distribute the Goods in the ordinary course of its business (save that such entitlement may be terminated forthwith by notice from the Seller to the Buyer, and shall automatically terminate without notice in the event that a receiver or trustee is appointed over any of the assets or the undertaking of the Buyer, or a winding-up order is made against the Buyer, or the Buyer goes into voluntary liquidation or calls a meeting or makes any arrangement or composition with its creditors or any act analogous to the foregoing in any jurisdiction, and in the event of a liquidator or receiver being appointed then they shall pay into a separate bank account any sums received from third parties in respect of the sales to them of Goods by the Buyer up to the amount of any indebtedness of the Buyer to the Seller for the sole benefit of the Seller); and
7.4.3 provided that the Goods are still in existence and have not been sold by the Buyer in accordance with Condition 7 hereto, the Seller shall be entitled at any time to require the Buyer to deliver up the Goods to the Seller, and if the Buyer fails to do so forthwith to enter upon any premises of the Buyer or any third party where the Goods are stored and repossess the Goods.
7.5 Any Goods repossessed by the Seller may be resold on such terms as the Seller may in its absolute discretion determine and the Buyer shall remain liable to the Seller for the difference between the net proceeds or such resale and all outstanding sums due to the Seller in respect of the Goods and for all costs and expenses incurred by the Seller in repossessing, storing, insuring and re-selling the same.
7.6 The Buyer shall not pledge in any way, charge by way of security for any indebtedness for any of the Goods which remain the property of the Seller. Without prejudice to the other rights of the Seller, in the event that the Buyer purports to do so then all sums whatever owing to the Seller by the Buyer shall immediately become due and payable.
7.7 The provisions of these Conditions relating to payment for the Goods shall apply equally (and without limitation) to payment for fees or charges incurred by the Seller in undertaking any extra work, requirement, modification, test or inspection.
7.8 Upon termination of the Contract, howsoever caused, the Seller’s (but not the Buyer’s) rights contained in this Condition 7 shall remain in effect.
7.9 Except where, prior to shipment, Seller agrees in writing to accept return of the Goods sold hereunder, Seller reserves the right to decline at its sole discretion requests from Buyer to return quantities of the Goods ordered but not utilized by Buyer for any reason. No returns may be made without the Seller’s written approval. For approval and issuance of Goods return instructions, the Buyer should contact the Seller. Buyer shall pay all return shipping charges to the location designated by Seller. Buyer may not set off from payments due to Seller any amounts for returns or expected returns except with Seller’s written permission. Seller shall not be obligated to issue any payments or credits for returned amounts where Buyer is in default of any of its payment obligations. Restocking fees may be charged at the Seller’s discretion.
8.1 Subject to the provisions of Condition 9 below, the Manufacturer warrants that the Goods will correspond with their specification at the time of delivery and will be free from defects in both materials and workmanship for a period of twelve (12) months from the Delivery Date.
8.2 Except where the Buyer is dealing as a consumer (as defined in the Consumer Protection Act, 2002), all other warranties, conditions or terms relating to the fitness for purpose, quality or condition of the Goods, whether express or implied by statute, common law or otherwise, are excluded to the fullest extent permitted by law.
9. LIMITATION OF LIABILITY
9.1 Without prejudice to the generality of Condition 8 above, the Seller shall be under no liability to the Buyer:
9.1.1 in respect of any defect arising from wear and tear, wilful damage, negligence, abnormal working conditions, a failure to follow the Seller’s instructions (whether oral or in writing), misuse or alteration or repair of the Goods without the Seller’s approval;
9.1.2 whatsoever in the event that the full price (including, without limitation, those matters set out in Condition 7) for the Goods has not been paid by the due date for payment;
9.1.3 or otherwise be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform any of the Seller’s obligations in relation to the Goods if the delay or failure was due to any cause beyond the Seller’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the Seller’s reasonable control:
(a) act of God, explosion, flood, tempest, fire or accident;
(b) war or threat of war, sabotage, insurrection, civil disturbance or requisition;
(c) acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority;
(d) import or export regulations or embargoes;
(e) strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of the Seller or of a third party);
(f) difficulties in obtaining raw materials, labor, fuel, parts, or machinery;
(g) power failure or breakdowns in machinery.
9.2 Where any valid claim in respect of any of the Goods is based on any defect in the quality or condition of the Goods or their failure to meet their specification is notified to the Seller in accordance with these Conditions then the Seller shall be entitled to fix or replace the Goods (or the part in question) free or charge, or at the Seller’s sole discretion refund to the Buyer the price of the Goods (or a proportionate part thereto), but upon the Seller undertaking either of the steps in this Condition 9.2 the Seller shall have no further liability to the Buyer. In any event, and notwithstanding anything else to the contrary, Buyer shall not be entitled to any additional amounts or any other reimbursement, except as explicitly set forth in the preceding sentence of this Condition 9.2. For the removal of doubt, Buyer shall not be entitled to any reimbursement due to defect in the quality or condition of the Goods or their failure to meet their specification, unless Seller was notified of such defect and decided, at its sole discretion, not to replace the Goods (or any applicable component thereof) with conforming Goods or components. Notwithstanding anything else to the contrary in these Conditions, Seller shall not be under any obligation to fix or replace the Goods or refund the price of such Goods, unless (i) it was notified of the defect in the quality or condition of the Goods or their failure to meet their specification, and (ii) it had the opportunity to inspect the Goods within a reasonable time after it was notified of the defect/non-conformity of the Goods. Except in respect of death or personal injury caused by the Seller’s gross negligence, the Seller shall not be liable to the Buyer by reason of any representation (unless fraudulent), or any implied warranty, condition or other terms, or any duty at common law, or under the express terms of the Contract, for loss of profit or for any indirect, special or consequential loss or damage, costs, expenses or other claims for compensation whatsoever (whether caused by the negligence of the Seller, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods.
9.3 Any claim (including any relating to the quality of the Goods) by Buyer arising out of this Contract shall be provided to Seller by written notice setting forth fully the facts on which it is based immediately after the date when the facts were discovered or reasonably should have been discovered, but in any event no later than 90 days after the date the Goods were delivered by Seller. Buyer unconditionally waives any and all claims that are not made during the requisite period required by this Contract and Seller shall not be obliged to accept any such claims made after such period.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 As between the Buyer and the Seller, all intellectual property rights and all other rights in the Goods and the Seller’s website shall be owned by the Seller, the Seller’s agents, subcontractors, consultants, and employees as appropriate.
10.2 The Buyer shall indemnify the Seller and hold it harmless against any and all actions, costs (including, without limitation, the costs of defending any legal proceedings), claims, proceedings, accounts, and damages in respect of any infringement of any patent, registered design, copyright, trademark or other industrial or intellectual property rights resulting from compliance by the Seller with the Buyer’s specific instructions relating to the use of the Buyer’s intellectual property rights.
11. DATA PROTECTION
The Buyer acknowledges and agrees that details of the Buyer’s name, address, and payment record may be submitted to a credit reference agency, and personal data will be processed by and on the Seller’s behalf in connection with the Goods.
12.1 Unless otherwise agreed by Seller and Buyer in writing, no Contract or work order may be terminated by Buyer.
12.2 Termination of a Contract or a work order is subject to the following conditions: (i) Buyer will pay for all undelivered Goods which are completely manufactured and allocable to Buyer at the time of Seller’s receipt of notice of termination; and (ii) Buyer will pay all costs, direct and indirect, which have been incurred by Seller with regard to Goods which have not been completely manufactured at the time of Seller’s receipt of notice of termination, plus a pro-rata portion of the normal profit on the Contract.
13. GENERAL PROVISIONS
13.1 These Conditions shall be governed by and construed in accordance with the laws of the Province of Ontario and the parties hereby submit to the non-exclusive jurisdiction of the Ontario Courts.
13.2 Any dispute, controversy, or claim arising out of or in connection with the Contract whether in tort, contract, under the statute, or otherwise, including any question regarding its existence, validity, interpretation, breach, or termination of the Contract shall be settled by consultation between the Parties. In the event of failure of such consultations within 60 days (unless otherwise extended by mutual agreement) after receipt by the respondent party of the written notice of such matter, then the matter shall be finally and exclusively resolved by arbitration under the arbitration rules of the United Nations Commission on International Trade Law (UNCITRAL) in force as at the date of the Contract (“Rules”), which Rules are deemed to be incorporated by reference into the Contract. The Tribunal shall consist of one arbitrator, to be appointed in accordance with the Rules. The seat of the arbitration shall be London, England. The language of the arbitration shall be English. The appointing authority shall be the London Court of International Arbitration, which shall also administer any arbitration commenced under the Contract. The matter and decision shall be governed by the substantive law referred to in the preceding paragraph. The arbitrator shall set forth the reasons for the award in writing. Where necessary, the decision in arbitration may be enforced by any court having jurisdiction.
13.3 No forbearance or indulgence by the Seller shown or granted to the Buyer whether in respect of these Conditions or otherwise shall in any way affect or prejudice the rights of the Seller against the Buyer or be regarded as any waiver of any of these Conditions.
13.4 The Seller may cancel any Contract at any time before the Goods are delivered by giving written notice. Upon giving such notice the Seller shall promptly repay to the Buyer any sums paid in respect of the Goods. Without prejudice to the limitation of Condition 9 above, the Seller shall not be liable for any loss or damage whatever arises from any cancellation in accordance with this Condition 13.4.
13.5 The Seller reserves the right to subcontract the whole or any part of the Contract.
13.6 Any provision of these Conditions or any Contract which is, or maybe, void or unenforceable shall, to the extent of such invalidity or unenforceability be deemed severable and shall not affect any other provision of the contract.
13.7 Any notice under or in connection with these Conditions or any Contract shall be in writing and shall be served by first class post or by hand on the party or sent by recorded delivery to the address of the party set out in the Contract or at such other address as may subsequently be notified by one party to the other, and in the absence of any evidence of earlier receipt any notice shall be deemed to have been received: (i) if delivered by hand when left at the address for service; or (ii) if sent by first class post or recorded delivery, on the second day after posting.
13.8 The parties have required that this Agreement and all documents relating to this Agreement be drawn up in the English language. Les parties aux pr?sentes ont exig? que le pr?sent contrat ainsi que les documents qui s’y rattachent soient r?dig?s en langue anglaise.
14. TECHNICAL ADVICE OR OBSERVATION
14.1 At Buyer’s request, Seller (or representative it may designate) may provide certain limited observation and/or technical advice associated with the sale and/or use of the Goods sold under this Contract (“Services”). Seller reserves the right to establish limits on the total time allocated to Buyer for such Services. Where Buyer and Seller contract in writing for additional or extended services, if any, those terms shall be controlling, within the scope of those extended services described.
14.2 Services are offered in an advisory capacity only, and Buyer assumes full responsibility for its use or non-use of such Services and agrees that Seller shall have no liability for Buyer’s use or non-use thereof and Seller makes no warranty, expressed or implied, as to the services.
14.3 Any provision of the Contract notwithstanding, each of Seller and Buyer, (in each case an “Indemnifying Party”) shall indemnify and defend the other Party and shall be responsible for all losses, damages, claims, liabilities (including attorney’s fees), demands, penalties and interest (“Claims”) arising out of Services, where also arising out of (i) injury, disease, or death of the Indemnifying Party’s own employees, or (ii) loss of or damage to the Indemnifying Party’s own property, even if (i), (ii) or (iii) above is caused in whole or in part by the negligence of an indemnified party or their employees or agents.
14.4 When visiting each other’s premises, Buyer and Seller and their respective personnel shall observe all rules or regulations that are in force on such premises. Buyer shall inform Seller of hazards, reasonably associated with the provision of the Services. A Party may keep or withdraw its personnel from any site of the other Party without any liability for delay or otherwise if, in the opinion of the First Party, that site represents a danger to the safety of its personnel.
Safe Appliance Usage / Terms & Condition:
Legal Disclaimer :
Actual product packaging and materials may contain more and different information than what is shown on our website. We recommend that you do not rely solely on the information presented and that you always read labels, warnings, and directions before using or operating this product. Please refer to the manuals, website Terms & Conditions, and other vital information.
Read this information Carefully:
**** Customers should read and understand the terms and conditions thoroughly before they register their products and use or operate them. - Product registration is not automatic.
If or For any reason the machine malfunction and produce smoke / extreme burning smell / or any concerns, then do not use this machine. Immediately Turn it OFF and remove the plug from the electric wall socket. Please keep the windows and exhaust fan ON to remove the smoke and smell from the room. Take all or any precautions for personal & property safety. All Terms & condition, policies, safety guidelines, product specifications, and the right usage of the machine is available on our website, the entire instructions have to be read and agreed upon before using this machine.
1. Equipment: The seller will sell and deliver the equipment as chosen by the buyer online or offline unless discussed separately, on the terms and conditions mentioned on the official website (the Equipment), or as mentioned in this bill of sale.
2. Warranties: The seller warrants that the Equipment is free of any liens and encumbrances and the Buyer becomes the legal owner of this Equipment without the brand name.
3. As-Is Condition: The Buyer confirms to the Seller a total acceptance to, all terms and conditions, product details & features, particulars, product certifications, product compliances, standardizations, limitations, liabilities, safety features, and all or any conditions of the equipment mentioned on this bill of sale is " As Is Condition" and buyer confirms the Seller will be total harmless from any claims whatsoever now and in future. “The buyer” agrees to purchase the equipment is “sold "as is" or “as in the condition".
4. Remedies: The seller is bound to warrant the buyer that the equipment and its accessories are, at the time of the sale, free of latent defects which render it unfit for the use for which it was intended or which so diminish its usefulness that the buyer would not have bought it or paid if he/she had been aware of them. The seller is not bound, however, to warrant against any latent defect known to the buyer or any apparent defect; an apparent defect is a defect that can be perceived by a prudent and diligent buyer without any need of expert assistance.
5. Cancellation: The seller reserves to cancel this agreement, (a) if the Buyer fails to pay for shipment when due; (b) in the event of Buyer insolvency or bankruptcy (c) If the buyer won't agree to any or full terms and condition on the website or in this bill of sale irrevocably with or within the period of 24hrs after the unit delivered and received by the buyer.
6. Working order: Any warranty as to the condition of the Equipment is expressly disclaimed by the Seller. All warranties are directly by the manufacturer as per the warranty card received with the unit. The buyer understands the seller is a re-seller and constitutes no right over the product or any responsibility on the brand or equipment whatsoever.
7. Manufacturer’s Warranty: Any disclaimer of warranties by the Seller in this Bill of Sales will not in any way affect the terms of any applicable warranties from the manufacturer of this equipment. This Limited Warranty is the sole express warranty given by the Manufacturer. No Product Performance specification or description wherever appearing is warranted by Manufacturer except to the extent set forth in this limited warranty. Neither dealer, representative nor the appointed retail establishment selling this product has any authority to make any additional warranties or to promise remedies in addition to or inconsistent with those stated above. The manufacturer’s maximum liability, in any event, shall not exceed the document purchase price of the product paid by the original consumer.
8. Seller has the right to amend any terms or disclaim any terms from time to time without any notice or disclosure to "the Buyer".
9. Inspection: The buyer accepts the Equipment mentioned on this "Bill of sale or Invoice" in its existing condition given that the buyer has either inspected the Equipment or was given the opportunity to inspect the Equipment but chose not to inspect it. Before purchase "The buyer" confirms and agrees to the Seller he or she had indefinitely accepted to any or all of the particulars of the equipment, its limitations, standardizations, warranties, features, risk of usage if any, compliances, etc.
10. Maximum Liability; if any claim from the buyer within 24hrs on receipt of the goods once sold by us, a maximum liability amount for any settlement will or does not exceed more than the purchase value excluding freight charges. No or any claims or to accept any claims by the Seller after 24hr period of the goods delivered. In any event, during this period if a settlement is made by return of the amount paid "the Buyer" will return the equipment to "the Seller” with this bill of sale and a letter of reason to return and a no-harm or no liability letter to the Seller or a waiver from or any further or future claims pertaining this bill of sale.
11. Liability Insurance: The buyer can decide to purchase liability insurance on an additional charge of US$ 85/- per month from the seller on the terms of 3rd party insurance underwriting clause or conditions to safeguard any event like property damage, injuries, or 3rd party damage, or any or any whatsoever with or within the limits of insurance or within manufacturer guidelines. The buyer understands the product purchased may or may not or partly compliant as per the North American or Canadian Standardization Authorities, the buyer has full authority to return the equipment within 24hrs or notify the seller if not acceptable and proceed for a refund. An Indefinite liability protection Insurance by the Buyer is deemed or is necessary when or during the equipment in operation to safeguard from any events or damages or injuries or anything or whatsoever. Seller confirms to the buyer we or they are not liable for injuries to self or others or anyone or property. Hence Buyers decide to purchase the product on personal choice or discretion.
12. Any unresolved disputes between the seller and the buyer within the period of 24hrs will be as per the jurisdiction of Ontario, Canada, with a maximum settlement amount not exceeding the product value as per this bill of sale. The said amount includes any charges like fees, lawyers’ fees, settlement fees, etc. However, the buyer or any representative of the buyer directly or indirectly confirms no action against the seller now or then will be made in relation to purchasing this product or in reference to it. These terms will seller from any legal binding or commitments.
13. How state law applies
This warranty gives you specific legal rights, and you also may have other rights that vary from state to state. Some states do not permit the exclusion or limitation of incidental or consequential damages, so the above may not apply to you.
14. How to initiate a warranty claim
You must call us or write to firstname.lastname@example.org to initiate a warranty claim. You will need the receipt as proof of purchase. We also ask that you register your product online at jumbocanada.com and have the product on hand when you call, so we may better assist you. A Customer Service Specialist will provide you with return and packing instruction information
15. How to get service
If your appliance fails to operate properly while in use under normal household conditions within the warranty period, contact us for product care and maintenance self-help. Our Customer Service Specialists are also available at email@example.com to assist with product support and warranty service options, . So we may better assist you, please register your product online at jumbocanada.com and have the product on hand when you call. Jumbocanada Distribution Inc will cover the cost for the customer to send in the unit to us for repair or replacement ( Courier charges should not exceed not more than$15.00). A fee will be charged when we ship the repaired or replacement unit. Return fees vary by product.
What is not covered by this warranty?
a) Normal wear and tear of wearable parts (such as blending vessels, lids, cups, blades, blender bases, removable pots, racks, pans, etc.), which require regular maintenance and/or replacement to ensure the proper functioning of your unit, are not covered by this warranty. Replacement parts are available for purchase at jumbocanada.com.
b) Any unit that has been tampered with or used for commercial purposes.
c) Damage caused by misuse, abuse, negligent handling, failure to perform required maintenance (e.g., failure to keep the well of the motor base clear of food spills and other debris), or damage due to mishandling in transit.
d) Consequential and incidental damages.
e) Defects caused by repair persons not authorized by Jumbocanada. These defects include damages caused in the process of shipping, altering, or repairing the Jumbocanada product (or any of its parts) when the repair is performed by a repair person not authorized by Jumbocanada Distribution Inc.
f) Products purchased, used, or operated outside Jumbocanada Distribution Network.
g) Products that are not registered.
h) Original Purchase bill not available or presented when requesting for a warranty claim
Safe Appliance Use Guidelines & TC:
Purchase of this unit is a direct acceptance of these terms and other conditions mentioned on www.preethi.ca
1. Unplug this machine or small kitchen and household appliances when they aren't in use. This is because a voltage surge could turn them on or cause a short circuit.
2. Manufacturer confirms the products sold are partly or not fully compliant as per the regulatory authorities or with underwriter's Laboratories (UL) seal of approval for only motor, not other parts of the product. Customers purchase these items at their sole discretion.
3. Read and follow the manufacturer's instruction manual.
4. Do not use this equipment with extension cords connected with high-wattage appliances, like air conditioners, portable electric heaters, and irons.
5. If an appliance cord becomes frayed or damaged, stop using it. Do not use appliances with patched cords.
6. Never touch an electric appliance while standing on a wet floor or if your hands are wet.
7. Don't operate electrical appliances in or near water.
8. Immediately turn off and disconnect an appliance that sparks or stalls. Stop using this equipment henceforth.
9. Always disconnect appliances before cleaning, servicing, or repairing them or not in use. Never use this equipment when overheated or found unsafe to use.
10. Avoid accidental starts by making sure the switch is off before plugging in the cord.
11. Operate the jar once the product is completely turned off and safe to use.
12. Do not open the jar when in use. A safe distance is to be maintained when the machine is in operation.
13. Children or any underage person should never operate this machine or only under the supervision of elders and those responsible.
14. This Machine should not be operated without a proper understanding of the features and safety measures.
15. This machine should be used as per the local, provincial, and regional safety rules and regulations for small electrical appliances.
16. Personal safety 1st and to others.
17. Manufacturer or Representative of this product is not responsible for any injuries to self or others whatsoever in any events due to negligence or not following the safety guidelines or whatsoever.
18. Operate this machine in good condition and safe to use. If found faulty get it repaired or replaced by authorized personnel. Do not repair the machine by self or unauthorized personnel.
19. This bill is only valid if Serial Number & PT Number is mentioned and recorded. The buyer should register the product online at www.jumbocanada.com before using the products or receive any support or discuss any assistance from the Seller.
20. This or the entire bill of Sale and terms of conditions here said or aforesaid is fully accepted by the buyer before using or operating this equipment. The buyer irrevocably agrees to cause no harm to the seller or any of seller companies or representatives for any or whatsoever.
21. For any correspondence please submit this bill of sale. This Bill of Sales supersedes or overwrites any other information both offline or online. The sellers disclaim any errors in contents or clauses that may or may not be applicable to any or every or whomsoever or whatsoever and has the entire right and every right to amend from time to time and asset to be valid and made effective to be in force, by superseding any or part or full of this bill of sale within the time frame or after the period of the product delivered and time specified to be effective and in force.
22. DON'T!! NEVER !! Hot liquid or Puree will expand in the blender or the jar, which can push the top lid off in great pressure which can result in Mess and severe burns or injuries.
23. Never pour water or liquid into the jar while the machine is on and running. This practice is extremely dangerous which could result in a short circuit, create a spark, shock, damage the unit. If ever the unit has water damage we recommend not to use this machine. Warranty is not covered in such a situation and will result in the Void of any active warranty coverage.
Important and Irrevocable Condition :
INFORMED CONSENT AND ASSUMPTION OF RISK AGREEMENT
The Activities have foreseeable and unforeseeable inherent risks, hazards, and dangers that no amount of care, caution, or expertise can eliminate, including without limitation, the potential for serious bodily injury, permanent disability, paralysis, loss of life.
The Buyer understands that these Risks may be caused in whole or in part by the Buyers own actions or inactions, the actions or inactions of others operating in or present during the operation of the machine, or the negligent acts or omissions of the Organization, its employees and agents
The Buyer is responsible for the choice of the Participant’s safety equipment if required or recommended, and the secure fitting of the safety equipment.
The Buyer hereby expressly assumes all such Risks and responsibility for any damages, liabilities, losses including loss of income, expenses, or related loss which they incur as a result of the Buyer's participation in the operation of this machine.
The Parties agree that in the event that they file a lawsuit against the Organization, they agree to do so solely in the Province of Ontario, Canada and they further agree that the substantive law of the Province of Ontario will apply without regard to conflict of law rules.
The Buyer further agrees that if any portion of this agreement is found to be void or unenforceable the remaining sections of the document shall remain in full force and effect.
The Buyer acknowledges that they have read this Agreement and understand it, that they have executed this Agreement voluntarily, and that this Agreement is to be binding upon themselves, the Buyer’s heirs, spouse, parents, guardians, next of kin, executors, administrators, and legal or personal representatives. The Buyer further acknowledges by signing this Agreement they have waived the right to maintain a lawsuit against the Organization on the basis of any claims from which they have released herein.
PRODUCT LIABILITY DISCLAIMER
This product is offered to you conditioned upon your acceptance without modification of the terms, conditions and notices obtained.
This product may not be used for unlawful purposes and that use is expressly prohibited under the terms and conditions of its use.
One Year Warranty
This product is warranted against any defective material or workmanship for a period of twelve months from the date of shipment. Any product determined by the manufacturer to be defective will be replaced in whole or part as determined by the manufacturer, but no labor costs or other claims for damages will be allowed. Products Warranty is extended to only those registered on receipt of the goods by the customer.
This warranty extends only to the original purchaser and is non-transferable. This warranty program does not extend to any product not marketed and distributed. Seller may also at its discretion enter into any subcontract with any person for the performance of any part of this warranty or a point any authorized service provider. Warranty will automatically get terminated after the expiry of the warranty period specified in this document, even if the product may not be used for any time during the warranty period for whatsoever reasons.
The warranty shall be void if the product or a part label / serial number has been removed, damaged, altered, or obscured. Failure or defects of the product or part has been resulted from or attributable to:
Any extrinsic cause, accidental damage, improper use, modification, adaptation, neglect, wear and tear, improper installation and connection external electrical fault leading to hardware/ component failure/ burnt and any fire accidents, which damage the hardware and the components Operation outside the usage parameters stated in the user documentation. Improper physical/ electrical or operating environment. Unauthorized correction/ alterations made in invoice copy/installation note.
Limitation of Liability
In no event shall seller or representative or manufacturers is or be liable for any direct, indirect, punitive, incidental, special consequential damages whatsoever arising out of or connected with the use or misuse of its products.
Seller or representatives, ORAL OR OTHER WRITTEN STATEMENTS, DO NOT CONSTITUTE WARRANTIES, shall not be relied upon by the buyer, and is not part of the contract for sale or this limited warranty.
The TERM OF USE, WARRANTY, AND DISCLAIMER document states the entire obligation of
Seller or manufacturer with respect to the products. If any part of this disclaimer is determined to be void, invalid, unenforceable, or illegal, including, but not limited to the warranty disclaimers and liability disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall remain in full force and effect.
This disclaimer statement is governed by the laws of Ontario, Canada. You hereby consent to the exclusive jurisdiction and venue of the courts of competent jurisdiction, Ontario, in all disputes arising out of or relating to the use of this product. Use of this product is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
Modification of Terms and Conditions
Seller or Manufacturer or Representatives reserves the right to change the terms, conditions, and notices under which their products are offered.
WAIVER OF LIABILITY AND HOLD HARMLESS AGREEMENT
1. In consideration for receiving permission to purchase any of our products directly or indirectly, buyer hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the seller, their officers, agents, volunteers, or employees (hereinafter referred to as RELEASEES) from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, including death, that may be sustained by me, or to any property belonging to me, while participating in such activity, while in, on or upon the premises where the activities are being conducted, REGARDLESS OF WHETHER SUCH LOSS IS CAUSED BY THE NEGLIGENCE OF THE RELEASEES, or otherwise and regardless of whether such liability arises in tort, contract, strict liability, or otherwise, to the fullest extent allowed by law.
2. Buyer is fully aware of the risks and hazards connected with the product include the risk of injury and even death, and I hereby elect to voluntarily participate in said activities, knowing that the activities may be hazardous to my property and me. I voluntarily assume full responsibility for any risks of loss, property damage, or personal injury, including death, that may be sustained by me, my family, or my guests or any loss or damage to property owned by me, as a result of being engaged in such an activity, WHETHER CAUSED BY THE NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
3. Buyer further hereby AGREE TO INDEMNIFY AND HOLD HARMLESS the RELEASEES from any loss, liability, damage, or costs, including court costs and attorneys' fees that RELEASEES may incur due to any activities, WHETHER CAUSED BY NEGLIGENCE OF RELEASEES or otherwise, to the fullest extent allowed by law.
4. Buyer express intent that this Waiver and Hold Harmless Agreement shall bind the members of buyers family, Buyer, if alive, spouse, and heirs, assigns, and personal representative, if deceased, and shall be deemed as a RELEASE, WAIVER, DISCHARGE, AND COVENANT NOT TO SUE the above-named RELEASEES. Buyer hereby further agree that this Waiver of Liability and Hold Harmless Agreement shall be construed in accordance with the laws of Ontario, Canada and that any mediation, suit, or other proceedings must be filed or entered into only in Ontario, Courts. Any portion of this document deemed unlawful or unenforceable is severable and shall be stricken without any effect on the enforceability of the remaining provisions.
5. Buyer HEREBY CERTIFY that Buyer has personal health insurance, and will maintain it at all times.
6. In no event shall our company be liable for any direct, indirect, punitive, incidental, special consequential damages, to property or life, whatsoever arising out of or connected with the use or misuse of this or any product.
BY CLICKING "I AGREE" ON THE POLICIES PRESENTED WHEN REGISTERING THE PRODUCT OR PURCHASING A PRODUCT FROM US THE SELLER DIRECTLY OR INDIRECTLY, SELLER ACKNOWLEDGE AND REPRESENT THAT I have read the foregoing Wavier of Liability and Hold Harmless Agreement, understand it, and sign it voluntarily as my own free act and deed; no oral representations, statements, or inducements, apart from the foregoing written agreement, have been made; Buyer is at least eighteen (18) years of age and fully competent; and I execute this Agreement for full, adequate, and complete consideration fully intending to be bound by same