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Canics, Legal Information



1. GENERAL

This web site is for general public use. There are no subscription, membership fees or login's required. Canics Inc. would appreciate your cooperation in reporting discrepancies and to not misuse or damage any of the functionality, information or contents of this free service web page. You may not make an offer to sell or buy on this website on behalf of a third party.

Canics does not guarantee continuous, uninterrupted or secure access to our services, and operation of this website. If any provision of this agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only.

You and Canics are independent contractors, and no agency, partnership, joint venture, employee-employer or franchise or-franchisee relationship is intended or created by this agreement.

2. POSTING YOUR INVENTORY (OEMs ONLY)

Only OEMs are eligible to send their list of excess inventory which they want to dispose of, to Canics. All sources of information will be screened and if not of OEM origin, data will not posted via Canics' s publicity tools. OEMs are requested to update their excess inventory list at least monthly or, when inventory quantities change at the OEM location . Canics  will maintain part availability changes due to sales by Canics . This will provide accurate part availability. Failure to comply with these requirements may result in removal of publications of the OEMs listings by Canics, in which case you may be advised of such action.

Data integrity is the responsibility of the OEM and all data shall be accurate and truthful. Unless otherwise specified, Canics only accepts new products. If products are damaged, used, modified or not in their original packaging, you need to specify so to Canics on your inventory list. It is at the discrepancy of Canics, whether these parts are to be posted as available for sale. In the event that a submitted part is not posted for sale, you may be advised of such.

3. SELLING TO Canics

As a seller, if you offer to sell a stated quantity of a specific product(s) at a specified price to Canics, you will be obligated to fulfill the transaction. You cannot cancel or modify your offer without Canics' s consent. Unless specified, substitution of parts is not accepted. Once a purchase order has been issued to you the seller, you are obligated to ship the product(s) within 1 working day. Canics reserves the right to modify the terms, cancel, or delay the shipment at any time if you fail to meet your obligations.

Payment for the product(s) will be net 30 days unless otherwise specified and mutually agreed upon. Canics will specify the carrier for shipping. Carrier freight, duty and carrier handling charges will be paid by Canics. Canics is not liable for any other charges.

You warrant that : you have a good clean title without any encumbrances for each item, each item has been paid in full by you and that there are no outstanding liabilities of each item, each item has been handled and stored in accordance with accepted industry practices, the date codes of each item is accurate, you are not aware of any defects, non-conformances to the manufacturer's original specifications, and that each item is new, unused and in it's original smallest unit packaging.

You are responsible for ensuring product(s) are delivered in the same state which they were shipped up to reception of goods at Canics' s shipping destination. Canics is not liable for damage, loss, condition of, or performance of product(s) shipped until they have received the product(s). Canics reserves the right to return purchased product(s) within 30 days of product receipt at Canics for products which have been found to be non-conforming, non-functional or in breach of your representations and warranties in this agreement. If items are returned to you, you will refund, (not credit), Canics within two (2) days.

4. REQUEST FOR QUOTATION

This section is for public use. Please specify details as requested in the form.

5. BUYING FROM Canics

By providing a Purchase Order to Canics, you commit to purchasing a specific quantity of product(s), at a specified price(s), from Canics and you are required to complete the transaction subject to the terms and conditions stated herein and in compliance with details listed on the subsequent Canics invoice.

Canics may specify whether the product is at their inventory warehouse or at an OEM location. Canics has two (2) business days to confirm availability of the item(s) ordered if they are at an OEM's location.

Unless otherwise specified Payment of the order in accordance with the invoice pricing and net terms will be by cheque, wire transfer or money order in advance of the shipment if you do not have an approved credit rating at Canics. All products are shipped freight collect and duty charges, handling or other similar charges are the sole responsibility of the Purchaser.

Canics will provide you with a Waybill number, once the shipment has departed our shipping department.

Canics reserves the right to modify terms prior to shipment, request payment in advance, delay or cancel any shipment in the event that you do not fulfill all obligations stated herein and as stated on the Canics invoice.

Canics will not be liable for delays, failure to comply or performance variations of shipments and/or payments, resulting from any embargos, natural disasters, wars, acts of God and any other circumstance beyond Canics' s control. Unless otherwise specified, Canics only sells new products.

6. RETURNS

You may return products to Canics provided you have obtained, a Return Material Authorization number and the return request is done within 10 days of product shipping by Canics and have completed a detailed failure report if requested . Canics will not accept items returned without authorization. Returned items must be in same condition as when it was shipped to you. If you do not return and report all product problem(s) within the 10 days of shipping by Canics, you will be deemed as having accepted the product(s).

Returning of products to Canics shall be your sole responsibility. This includes but not limited to, freight, duty, handling and insurance charges.

If the return conditions are met, and Canics has accepted the product(s), you will be fully refunded or credited, at the sole discretion of Canics, for the purchase price.

7. DISCLAIMER

Except as set forth in this agreement, all items are sold in their « as is » condition and are being transferred to you without any representation whatsoever as to their quality or functionality. Canics has not inspected and/or tested them for quality or performance. You understand that Canics has disclaimed any express or implied warranty, non-infringement and of merchantability or fitness for any purpose. You further understand that Canics shall not be liable under any contract, incidental, special consequential or punitive damages, application costs, loss profits, loss business or cost of procurement of substitute goods or services in connection with items you purchase.

8. REPRESENTATION

You represent and warrant and covenant that you are authorized to and have the right to enter into this agreement and that you neither have made nor will make any contractual or other commitment which would conflict with your performance under this agreement. Any of the items Canics buys or sells may be subject to export or resale restriction or regulation under Canadian and US. law, and by making an offer to buy from, or sell to, Canics any item you acknowledge that you are complying with these laws and will continue to do so. You acknowledge that the use or export of technology or software contained in any item may be restricted by the manufacturer or licensor of such item, technology or software, or by applicable law or regulation, and you agree to comply with all such restrictions. Canics 's ability to complete any transaction is subject to your compliance with applicable law, including but not limited to Canadian laws and regulations governing the export of goods and technology. The items sold by Canics are not intended for, and by making an offer to buy them you promise that they will not be used in, life support systems, human implantation, space level products, military products, nuclear facilities or systems or any other application where product failure could lead to loss of life or catastrophic property damage. If you break this promise, you agree that you will pay for any loss, cost or damage which may result to Canics.

9. INDEMNIFICATION

You hereby agree to release, indemnify, defend and hold harmless Canics employees, officers, partners, agents, successors, assignees, and any owned, controlled and/or affiliated subsidiary, company or corporation now existing or hereafter constituted, from and against any and all claims, suits, actions, losses, liabilities, damages and costs, including, but not limited to, litigation costs, expenses (including but not limited to litigation costs and expenses and reasonable attorneys' fees) arising out of or which may result from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) any breach by you of any representation, warranty, covenant, or term of this agreement; or (vi) any act or omission by you, your officers, directors, employees or agents in any way related to this agreement; or (vii) any failure by you to comply with any applicable law, rule, order, decree or regulation; or (viii) any claim for product liability, property damage and/or personal injury, including death, arising out of or relating to your performance under this agreement; or (ix) any other matter relating to the service.

10. APPLICABILITY

This agreement is effective for all persons using Canics services including the use of the web page. This agreement is not a transfer or a license of any of Canics 's rights. By accessing this website, you expressly acknowledge acceptance of the terms of this agreement. Any reproduction or distribution of this website's information, by, for, or to any third party, is expressly forbidden.

11. GENERAL COMPLIANCE WITH LAWS

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your purchase and sale of items.

12. EXTERNAL LINKS

The Site may contain links to websites operated by third parties. Canics is not responsible for content located on these sites or for your time spent with them. Including these links does not imply that Canics endorses or guarantees the appropriateness or validity of the third party sites.

13. GOVERNING LAW

This agreement shall in all respects be governed by and construed in accordance with the laws of the Province of Quebec in the country of Canada. The prevailing party in any legal action or proceeding to enforce this agreement shall be entitled to recover from the non-prevailing party its reasonable attorney's fees, and related costs and disbursements, incurred in connection with such proceeding or the enforcement of this agreement. Both parties agree to waive trial by jury.

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