Terms And Conditions Of Sale
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to your purchase from Questar International Ltd., a Canadian Corporation ("Questar", "our" or "we") that will be provided to you ("Customer") on orders for firearms, accessories and/or other products and/or services sold in Canada. By accepting delivery of the products and/or services described on the invoice, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH QUESTAR, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
These terms and conditions are subject to change without prior written notice at any time, in Questar's sole discretion.
1. Other Documents. Other than as specifically provided in any separate formal purchase agreement between Customer and Questar, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and Questar.
2. Governing Law. THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ONTARIO AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ONTARIO AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ONTARIO.
3. Payment Terms; Orders; Quotes; Interest. Terms of payment are within Questar's sole discretion, and unless otherwise agreed to by Questar, payment must be received by Questar prior to Questar's acceptance of an order. Payment for the products and services may be made by credit card, EMT (email money transfer), or some other prearranged payment method unless credit terms have been agreed to by Questar. If credit terms have been agreed to by Questar, invoices are due and payable within thirty (30) days after the date of the invoice. Questar may invoice parts of an order separately. Orders are not binding upon Questar until accepted by Questar. Any quotations given by Questar will be valid for the period stated on the quotation. Customer agrees to pay interest on all amounts past due at a rate of two percent 2.0% per month.
4. Shipping Charges; Taxes. Separate charges for shipping and handling will be shown on the invoice(s). Unless Customer provides Questar with a valid and correct tax exemption certificate applicable to the product ship-to location prior to Questar's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on Questar's net income. If applicable, a separate charge for taxes will be shown on the invoice.
5. Title; Risk of Loss. Title to products passes from Questar to Customer on shipment from Questar's facility. Loss or damage that occurs during shipping is Customer's responsibility. Questar is not liable for delays in shipment or failure to ship by the estimated ship date. Where customer has ACCEPTED to insure their shipment (at time of order) then Questar will assist customer with, but is not liable for, their insurance claim against Canada Post for loss or damage. Where customer has DECLINED to insure their shipment (at time of order) then Questar is not liable for or in any way responsible for any loss or damage howsoever caused.
6. Warranties. THE LIMITED WARRANTIES APPLICABLE TO PRODUCTS SOLD BY QUESTAR ARE THE SOLE RESPONSIBILITY OF THE PRODUCT MANUFACTURER OFFERING SUCH WARRANTIES. QUESTAR DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. QUESTAR'S SOLE RESPONSIBILITY FOR WARRANTY CLAIMS IS LIMITED TO ASSISTING THE CUSTOMER TO CONTACT THE MANUFACTURER.
SOME PROVINCES DO NOT PERMIT THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY OR CONDITION LASTS IN CONSUMER TRANSACTIONS. THEREFORE THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
7. Sales Policy. All Sales Are Final. No Refund. No Exchange.
8. Return Policies. Questar, at it's sole discretion, may permit the return of product, for purpose of repair or other reason, but any return must first be authorized by Questar.
9. Exchanges. From time to time, Questar may, in its sole discretion, exchange products or portions of a product.
10. Products. Questar continually upgrades and revises its products/inventory to provide its' customers with new choices. Questar (and the product manufacturers) may revise and discontinue products at any time without prior notice to customers. Questar will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible.
11. Limitation of Liability. QUESTAR (INCLUDING QUESTAR'S PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. QUESTAR WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, LAW ENFORCEMENT DUTIES, TRAINING, OR MILITARY OPERATIONS, QUESTAR WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, QUESTAR IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
NEITHER QUESTAR NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN SIX (6) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN SIX (6) MONTHS FROM THE DATE OF LAST PAYMENT.
SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
12. Dispute Resolution.
A. Acknowledgments Customer acknowledges that Questar possesses valuable confidential and proprietary information, that would be damaging to Questar if revealed in open court. The parties further acknowledge and agree that it is preferable to resolve all disputes between them confidentially, individually, and in an expeditious and inexpensive manner. The parties accordingly acknowledge and agree that private dispute resolution is preferable to court actions.
B. Good Faith Negotiation. Before commencing any arbitration in the manner set out in Subsection 13(c) below, the parties shall first attempt to resolve any dispute or differences between them by way of good faith negotiation. The good faith negotiation shall commence by each party communicating their position regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence any arbitral proceedings unless and until the good faith negotiation fails.
C. Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST QUESTAR INTERNATIONAL, its agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, "Questar") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Questar's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM ("NAF") under its Code of Procedure and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (available via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and Questar. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
D. Injunctive Relief and Provisional Relief in Aid of Arbitration. Notwithstanding the provisions in this Section 13 or anywhere else in this Agreement, Questar shall have the right to seek and obtain any provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or property rights or to preserve the status quo pending good faith negotiation and/or arbitration.
13. Applicable Law; Not For Resale. Customer agrees to comply with all applicable laws and regulations of the various provinces and of Canada. Customer agrees and represents that it is buying for its own use only, and not for resale. Questar has separate terms and conditions governing resales.
14. Exports. The Customer acknowledges that the Products sold hereunder are subject to, and Customer agrees to comply with the export control laws and regulations of Canada and the United States. Firearms, firearm parts/components and accessory items are export controlled under the International Traffic in Arms Regulations (ITAR). These products cannot be exported from Canada without a license approval from DFAIT (in Ottawa) and approval from the DDTC (US State Department) which authorized the original export to Canada under an appropriate license. See
www.pmddtc.state.gov for additional information.
15. Headings. The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
16. Force Majeure. Questar shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
17. Price Disclainer. ALL PRICES ARE SUBJECT TO CHANGE WITHOUT NOTICE. Questar is not responsible for typographical errors or any wacky digital weirdness which may occur. Not all items are as pictured.
