"Company" means G.C Duke Equipment Ltd
"Site" means this web site.
See the Legal Entity Disclaimer below for additional terms and definitions.
1. Binding Agreement
2. License and Site Access
Subject to these terms and conditions and all applicable laws and regulations, the Company grants you a non-exclusive, non-transferable, personal, limited license to download, access, view, use and display this Site and the text, graphics, content (including product pricing), information, audio, video and other services (the "Materials"), which the Company makes available to you from time to time on the terms and conditions set forth in this Agreement. This authorization is not a transfer of title to the Site or the Materials contained herein, and any downloading, modification, reproduction, copying or redistribution for commercial purposes of any information or Materials or design elements of the Site is strictly prohibited without the prior written consent of the Company. Requests for permission to reproduce any information contained on this Site should be addressed to the Company at firstname.lastname@example.org.
Notwithstanding the above, the Company authorizes you to make one (1) electronic or paper copy of the information posted on any page of the Site, provided that the copy is used solely for non-commercial, personal purposes, and further provided that any such copy remains protected by all copyright, trademarks, Site marks, and other proprietary notices and legends contained on the Site.
This license does not include the right to modify this Site, or any portion of it, except with the express written consent of the Company. Any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction rules is prohibited. You agree to all additional restrictions displayed on the Site as it may be updated from time to time.
You agree to use this Site for lawful purposes only, and shall not post on or transmit to the Site any information or material which in any way infringes or violates the rights of others or which is unlawful, defamatory, threatening, fraudulent, deceptive, erroneous, invasive of privacy or publicity, obscene, harassing or otherwise objectionable.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to prosecution of users in violation of these terms and conditions.
You have no ownership rights in the Site or in the Materials. Rather, you have a license to download, access, view, use and display this Site and the Materials and to purchase goods and services from the Site as long as this Agreement remains in full force and effect. Unless otherwise noted, ownership of the Site and the Materials and all intellectual property rights therein shall remain at all times with the Company, the Company’s affiliates or their respective owners.
4. Your Account and Registered Users
You will be provided an opportunity to register in order to access the Site or purchase goods or services from the Site. If you do choose to register on the Site, you must complete the registration process by providing the Company with current, complete and accurate information about yourself as prompted by the applicable registration form.
If you do choose to register in order to access the Site or purchase goods or services from the Site, you may be provided with, or you may choose, a password and a user name. If you are a registered user of this Site, you are responsible for maintaining the confidentiality of your account and password. If you use this Site, you are responsible for restricting access to your computer or any other computer you use to access the Site, and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify the Company immediately of any unauthorized use of your account or password or any other breach of security. The Company reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
6. General Disclaimer
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. THE SITE, MATERIALS, CONTENT, RELATED COMMUNICATIONS AND SOFTWARE MADE AVAILABLE ON THE SITE ARE PROVIDED "AS IS" WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS OF IMPLIED WARRANTIES MAY NOT BE APPLICABLE UNDER CERTAIN CIRCUMSTANCES. THE COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE MATERIALS OR CONTENT DISPLAYED OR DISTRIBUTED ON THIS SITE, INCLUDING BUT NOT LIMITED TO THE RELIABILITY OF ANY ADVICE, STATEMENT, ADVERTISEMENT OR OTHER INFORMATION DISPLAYED OR DISTRIBUTED THROUGH THE SITE, INCLUDING ANY INFORMATION REGARDING THE COMPANY’S DEALERS, DISTRIBUTORS OR SUPPLIERS. YOU ACKNOWLEDGE BY THE USE OF THIS SITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, CONTENT, ADVICE, STATEMENT, ADVERTISEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.
THE COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY OR RELIABILITY OF THE MATERIALS. THE COMPANY DOES NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGE TO, OR VIRUSES OR OTHER HARMFUL COMPONENTS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE, OR BROWSING OF THE SITE (INCLUDING ANY BULLETIN BOARD OR CHAT ROOM) OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE.
THE MATERIALS INCLUDED IN THE SITE MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. THE COMPANY RESERVES THE RIGHT, IN ITS SOLE DISCRETION, TO CORRECT ANY ERRORS OR OMISSIONS IN ANY PORTION OF THE SITE, INCLUDING PRODUCT PRICING. THE COMPANY MAY MAKE ANY OTHER CHANGES TO THE SITE, THE MATERIALS AND THE PRODUCTS, PROGRAMS, SERVICES, WARRANTIES, TERMS OF SALE OR PRICES DESCRIBED IN THE SITE AT ANY TIME WITHOUT NOTICE.
7. Links to Affiliate or Third-Party Sites
The Company may provide on this Site, solely as a convenience to its users, links to web sites operated by our affiliates, dealers, distributors or other entities. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. The Company does not make any warranty or representation regarding, or endorse or otherwise sponsor, any linked web sites or the information appearing thereon or any of the products or services described thereon. Other than as explicitly noted on the Site, links do not imply that the Company is affiliated or associated with the linked site, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links; or that any linked site is affiliated or associated with the Company or is authorized to use any trademark, trade name, logo or copyright symbol of the Company.
8. Third-Party Content
Any information, statements, opinions, services or other information provided by third parties and made available on this Site are those of the respective author(s) and not the Company. Such information and the like may be updated from time to time directly by the respective authors. The disclaimer set forth above applies regardless of the updating party.
9. Deep Linking and Framing
You are prohibited from reproducing or "framing" pages or content provided by the Company or its affiliates. Subject to the provisions of paragraph 10, you may link to internal pages within this Site, provided that you do not copy or frame the content found there.
In no case does the Company approve any links which, by their appearance, content, position or otherwise, create the false impression that the Company sponsors, endorses or is associated with the entity operating any third-party site ("the External Site") or the products or services offered by the External Site operator. In no case does the Company approve any links which the Company believes damages or impairs the goodwill associated with the name, logos, trademarks, service marks, copyrights or tradenames of the Company or any of its affiliates. The Company reserves the right to revoke its approval to link or change terms or conditions of its approval to link at any time in its sole discretion.
Because of the nature of the Company's business, and its products and services, this Site is not intended for use by minors and the Company does not knowingly attempt to solicit or receive any information from children. These terms and conditions of use require that use of this Site, any registration that might be required to access this Site or portions of this Site, or the purchase of products or services from the Site, may only be made by those over the age of 18. By using this Site, you are representing that you are an adult (at least 18 years of age) or have the permission of a parent or legal guardian to use the Site, provided that any purchase of products or services from the Site must be made by a person over the age of 18.
11. Unsolicited, Confidential or Proprietary Information Provided by You
The Company does not want you to, and you should not, send any confidential or proprietary information to the Company through this Site unless specifically requested by the Company or as part of the Site registration or sales processes. Please note that any unsolicited information or material sent to the Company will be deemed not to be confidential or proprietary. By submitting information and material to this Site, you grant to the Company (or warrant that the owner of such information and material has expressly granted to the Company) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that the Company is free to use any ideas, concepts, know-how or techniques that you send to it for any purpose.
The Company does not want to receive, and you are deemed to agree through the use of this Site not to provide, any information or materials to the Company that are defamatory, threatening, obscene, harassing, fraudulent, deceptive, erroneous, in violation of any law, governmental requirements or otherwise unlawful, or that incorporate the proprietary information or materials of another person or entity. If you provide any such information, it is agreed that you are solely responsible and liable for any damages or other harm resulting from such submission.
You shall not upload, post or otherwise make available on this Site any information and material protected by copyright, trademark or other proprietary right without the express written permission of the owner of such right(s). You shall be solely liable for any damages resulting from any infringement of copyright, proprietary rights, or any other harm resulting from such a submission.
12. Notice of Copyright Infringement
We respect the intellectual property of others, and we ask our users to do the same. To the extent that you have provided any work and if you believe that your work has been copied and is accessible on this Site in a way that constitutes copyright infringement, please provide the Copyright Agent (as identified below) with the following information:
(a) identification of the copyrighted work claimed to have been infringed;
(b) identification of the allegedly infringing material on the Site that is requested to be removed;
(c) your name, address and daytime telephone number, and an e-mail address if available, so that the Company may contact you if necessary;
(d) a statement that you have a good faith belief that use of the copyrighted work is not authorized by the copyright owner, its agent or the law;
(e) a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and
(f) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright and to submit the statement.
The Copyright Agent for Notice of claims of copyright infringement on the Site can be reached at email@example.com.
If the Company is notified of any claims of copyright infringement on the Site, it may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the work or material. The Company has no liability or responsibility to users for performance or nonperformance of such activities.
13. Limitation of Liability
YOUR USE AND BROWSING OF THE SITE IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH ANY OF THE SOFTWARE, MATERIALS, PRODUCTS OR SERVICES CONTAINED IN THE SITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO REQUEST THE REMOVAL OF YOUR CONTENT FROM THE SITE AND/OR TO DISCONTINUE ACCESSING AND USING THE SITE.
UNDER NO CIRCUMSTANCES WILL THE COMPANY OR ITS SUPPLIERS, DEALERS OR DISTRIBUTORS, OR ANY OTHER THIRD PARTIES MENTIONED ON, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS SITE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, BUSINESS INTERRUPTION OR LOSS OF BUSINESS INFORMATION OR DATA) ARISING OUT OF YOUR ACCESS TO, USE OF, INABILITY TO USE OR THE RESULTS OF USE OF THIS SITE OR THE MATERIALS, ANY WEB SITES LINKED TO THIS SITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH SITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE; ERROR; OMISSION; LINKING TO OTHER WEB SITES; INTERRUPTION; DELETION; DEFECT; DELAY IN OPERATION OR TRANSMISSION; COMPUTER VIRUS; COMMUNICATION LINE FAILURE; OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT THE COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE COMPANY SHALL NOT HAVE ANY LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.
14. Purchase of Products or Services
If you seek to make a purchase through this Site, the obligations and responsibilities of the Company regarding its products and services are governed solely by the Company’s Site Terms and Conditions of Sale and its Limited Warranty. Returns of products purchased on the Site are governed solely by the Site Return Policy Return Policy.
15. Order Limitations
Receiving an order acknowledgement via e-mail or an online ordering confirmation following the placement by you of an order to purchase products or services from the Site does not guarantee the acceptance of such order by the Company. The Company may, at its own discretion, limit or cancel quantities purchased per person, household or order. The Company also reserves the right to reject any order you place with us. These restrictions may include orders placed by the same Company Site account, the same credit card, or orders that use the same billing and/or shipping address. In the event we make a change to an order, we will attempt to notify you by contacting the e-mail and/or billing address provided at the time the order was made. The Company reserves the right to discontinue the sale of any product or service listed on the Site at any time without notice.
16. Restocking Fee
A restocking fee of fifteen percent (15%) is charged for any product ordered that is returned to Company, other than products damaged in shipment, goods shipped in error or warranty claims. By returning any product subject to a restocking fee, you authorize us to charge your credit card for the amount of such restocking fee.
17. Product Substitution
Products and such product’s country of origin or vendor may be substituted from that described on the Site and may not always exactly match the Site’s descriptions and/or images.
18. Product Availability
Certain products may not be available for sale in all geographic areas or jurisdictions.
19. Product Display and Colors
The Company attempts to display product images shown on the Site as accurately as possible. However, the Company cannot guarantee that the color you see matches the product’s actual color, as the display of the color depends, in part, upon the monitor you are using to view the Site.
20. Safety - Applicable Laws and Regulations
There are various national, provincial and local codes, ordinances and regulations governing the sale and/or use of products for specified purposes. These codes, ordinances and regulations can vary, and can and often do differ in neighboring locales. Although the Company works to ensure that its products comply with all relevant codes, ordinances and regulations, compliance can not be guaranteed for all such use-specific applications. Therefore, before a product is purchased and/or placed into use, please review the directives in your locale to verify that the planned application and/or use adheres to and is in compliance with all governing codes, ordinances and regulations related to the product and use.
The Company will NOT approve modifications converting Company vehicles into LSVs.
21. Materials of Trade
If you purchase products as "materials of trade" you represent, that the Company products you purchase on this Site will be used in direct support of your business, which is not transportation, and that such products shall not be resold or transported in a vehicle other than one owned by itself.
Product prices may vary between the Site and other Company distribution channels and the prices are not guaranteed to be matched at the time of purchase. The prices displayed on the Site are quoted in Canadian dollars and are valid and effective only within Canada. Prices shown on the Site do not include any shipping charges or sales taxes, and if applicable to the order, will be added to your total invoice price.
Because the Company does business throughout the Canada and collects and remits sales tax as required by law, the Site collects and remits sales tax as appropriate. You are responsible for the payment of any additional provincial, city or local sales or use taxes that may apply to your order, whether or not such taxes are included in the invoice price. At this time, tax-exempt sales are not available for products purchased on this Site.
24. Credit Cards
You may pay for your orders with the following major credit cards issued in the Canada: Visa®, MasterCard®, American Express®, as well as debit cards. Credit and debit cards are not charged until the order is shipped. However, we may pre-authorize your order amount with your card issuer at the time you place the order, which may have an effect on your available credit line. Please contact your card issuer for more information.
Orders may be shipped to your home or other designated point of delivery. . At this time, we use UPS and Purolator for shipping, however, the Company reserves its right at any time to use another shipping company in its sole discretion. Orders ship on normal business days, which are Monday through Friday, excluding Company holidays and days reserved for Company’s annual physical inventory. Weekend shipment of orders is not currently available. For express next-day service (e.g., next business day arrival), your order must be completed before 12:00 pm Eastern Time, Monday through Friday, in order for it to ship the same day (subject to available inventory). Items not allowed by law to be shipped by air freight will be converted to standard ground shipping for delivery. Company offers shipping at this time only within Canada. We do not currently ship orders outside the Canada. We do not ship orders to PO Box addresses. The Company does not offer gift packaging. Order information such as a billing or shipping address that is inaccurate or incomplete may result in delays. Products cannot be shipped to incomplete addresses. The Company is not liable for late deliveries. Except in cases where the return is the result of an order processing error or the product arrives damaged or defective, original shipping charges are non-refundable and return shipping and restocking fees are the responsibility of the customer. You must report shipments that are damaged or contain the wrong goods within five (5) business days of delivery.
26. Delivery and Risk of Loss
The products will be delivered to the location you designate on the Site and risk of loss will transfer upon delivery to such location. Title will transfer upon delivery of the products by Company to the common carrier. Unless otherwise indicated in the purchase order, all delivery dates contained in an order confirmation are estimates only and time is not of the essence in Company’s performance of any purchase order. IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR LIQUIDATED DAMAGES ARISING OUT OF OR RELATED TO A DELAY OR FAILURE TO DELIVER COMPANY PRODUCTS.
27. Order Status
You will receive a shipping confirmation e-mail following shipment of your order with a order tracking number included. If there is a problem with your order, please send as an e-mail or call us (during scheduled customer service hours) using the Contact Information so we can promptly resolve the issue for you.
All content contained herein is subject to change without notice, but the Company has no responsibility to update any information on this Site. The Company reserves the right to change or modify the terms and conditions applicable to the use of this Site at any time. Such changes, modifications, additions, or deletions to the terms and conditions of use shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting new terms and conditions on the Site. Any use of the Site after such change or modification shall be deemed to constitute acceptance by you of such changes, modifications, additions, or deletions. Because they will be binding on you, you should revisit these terms from time to time. The Company may terminate, change, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time. The Company may also impose limits on certain features and services or restrict your access to parts of the Site without notice or liability.
This Agreement and the licenses granted herein will terminate automatically and without notice if you fail to comply with any term or condition of this Agreement; provided, however, that all provisions relating to disclaimers, limitation of liability, copyright, trademarks and other proprietary rights of the Company shall survive the termination of this Agreement.
30. International Users and Export Restrictions
This Site is administered by Company from its offices in Burlington, Ontario, Canada. The Company does not make any representation that all products or services are available in your country or that materials published at this Site are appropriate or legally available for use at locations outside of the Canada. Access to such materials from jurisdictions where their contents are illegal is prohibited. You may not use the Site or transfer, download or use any information or materials in violation of Canadian laws and regulations, including those relating to export controls. This Agreement is expressly made subject to any laws, regulations, orders, or other restrictions on the export from Canada of the Materials or information about the Materials that may be imposed from time to time by the government of Canada. You shall not export Materials or information about the Materials without the consent of the Company and in compliance with such laws, regulations, orders or other restrictions. If you access the Site from a location outside of the Canada, you are responsible for compliance with all local laws. By your use of this Site, you represent and warrant to the Company that you are in compliance with all laws applicable to your use of this Site.
31. Choice of Law and Forum
These terms and conditions of use and any dispute between you and the Company arising out of or related to this Agreement or your use of this Site (the "Disputes") shall be construed, interpreted and governed by the laws of the Province of Ontario, without giving effect to its conflict of laws provisions, provided that Disputes shall not include any dispute arising out of or related to the manufacture, sale or use of any product sold on the Site.
32. Entire Agreement
These terms and conditions shall constitute the entire agreement between the Company and you and supersedes any previous oral, written or electronic communications or documents with respect to the subject matter herein. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect.
33. Trademark and Site Mark Rights
All rights in the product names, company names, trademarks, trade names, Site marks, logos, product packaging and designs of the Company or third party products or web sites ("Company Marks"), whether or not appearing in large print or with the trademark symbol, belong exclusively to the Company or their respective owners and are protected under national and international trademark and copyright laws. Users are not permitted to use the Company Marks without the prior express written consent of the owner of such mark.
34. Transfer Restrictions
You shall not sublicense, transfer or assign this Agreement or any of the rights or licenses granted under this Agreement. Any attempted transfer in violation of the foregoing is void.
Last Revision-Nov 2010