TERMS AND CONDITIONS
Terms and Conditions
1. PRICING AND AVAILABILITY
We make every effort to have accurate pricing online. However, we always verify prices as part of our shipping procedures.
- If an item’s correct price is lower than our stated price, we charge the lower amount and ship you the item.
- If an item’s correct price is higher than our stated price, we contact you for instructions before shipping.
Due to the nature of our business, availability fluctuates depending on the product. The Inventory on our website is live and constantly updated. We make every effort to keep all items in stock. If we cannot fill an order immediately, we will contact you to determine if you want to partially ship the available items or wait until we can process the entire order.
2. PRODUCT CONDITION
All product is in new condition, unless otherwise stated.
3. WARRANTY POLICY
New product is covered under the OEM warranty.
Refurbished Product Warranty is 90 days from date of purchase.
Warranty from CAS:
90 Day General Warranty on products not covered under the original manufacturers warranty, or Grade A refurbished product. 5 business day DOA Warranty on Grade B refurbished product only.
No warranty on writable or recordable, consumable media
No warranty on printer consumables including toner and ink cartridges.
No warranty on refurbished batteries.
4. RETURN MERCHANDISE AUTHORIZATION (RMA) POLICY
All products must be purchased originally from Cotec Advanced Systems Inc. (CAS).
- CAS reserves the right to repair, replace or credit any defective product that is covered by CAS warranty.
- All products must be returned in their original condition, including original packaging. All original components including manuals, software, keyboard, mouse, etc. must be returned. Any opened, unsealed product being returned will, at the sole discretion of CAS, be refused or re-audited and subject to a 15% or minimum $25 restock charge.
- Claims for “Defective On Arrival” product (DOA) must be made within 5 days of receipt of goods. All discrepancies, damages, short/mis-ships or short box claims must be reported within 2 days of receipt. Return freight is the responsibility of CAS.
- Requests for return of working product for a credit, must be made within 15 days of original Invoice date and a minimum restock fee of $25 CAD or USD will be applied. Requests for return of working product for credit on orders less than $100 CAD / USD will be for exchange only. Product being returned under CAS General Warranty must be reported within the 90 day warranty period. Return freight is the responsibility of the Customer. **There are no returns of any kind on special order products.
- All product being returned must be approved by the Sales Manager in advance and an RMA Number must be issued.
- If product is returned to CAS without an RMA number clearly indicated on the outside of the packaging, the merchandise will be refused. Do not write directly on the original manufacturer’s packaging.
- Product authorized for return by our Sales Manager, must be returned within 15 days of the issuance of the RMA number. Any returns received after 15 days will be refused and the RMA number will no longer be valid.
- Collect returns will be refused.
- A copy of the RMA Confirmation form MUST be included in your shipment. Each carton/skid must be clearly identified i.e. Box 1 of 3; Skid 2 of 4 etc.
5. CANCELLATION POLICY
If you cancel an order after it has been picked, Cotec Advanced Systems Inc. will charge a restocking fee of 15% of the cost of the item (or items) that must be restocked.
***You cannot cancel an order once it has a Carrier Tracking number applied.
Payment shall be due when specified under Terms in Appendix A. Failure by the Purchaser to pay any monies hereunder, when due, shall result in a late charge, payable upon demand, calculated daily at an interest rate of 2% per month (26.82% per annum) or if such rate shall exceed the maximum rate of interest allowed by law, then at such maximum rate. If not specified in Appendix A, the Purchase Price shall be due and payable on delivery by Cotec Advanced Systems inc. to a common carrier of the Equipment (the Delivery).
7. RISK OF LOSS
The risk of loss or damage to the Equipment shall be borne by the Purchaser after the Equipment is made available for loading and delivery at Cotec Advanced Systems Inc. loading dock.
8. DELIVERY OF THE EQUIPMENT
Cotec Advanced Systems Inc. will use reasonable efforts to ensure that the Equipment shall be delivered at the Delivery Location on or about the Delivery Date.
9. DELIVERY, INSTALLATION, INSURANCE AND TAXES
The Purchase Price described herein is F.O.B. at the Delivery Location. All delivery, rigging and drayage charges, installation and insurance costs will be paid by the Purchaser. There shall be added to the Purchase Price such amounts equal to any taxes, including, without limitation, sales taxes, however designated, levied or based on such Purchase Price or on this Agreement or the Equipment. If the Purchaser is purchasing for resale, a duly executed resale certificate shall be delivered to CAS prior to shipment of the Equipment, if requested by CAS. If the Equipment or any part thereof is original equipment manufacturer product, the Purchaser agrees to provide CAS with written notice of the installation date, if different from the date of sale.
10. TITLE AND SECURITY INTEREST
Cotec Advanced Systems Inc. warrants and represents that it has good title to the aforementioned Equipment, free and clear of all liens and encumbrances of whatever kind and description other than the interest of CAS. Title to the Equipment is to remain vested in CAS until the Purchase Price is paid in full. In addition, the Purchaser grants to CAS a purchase money security interest in the Equipment as security for the performance of all the obligations of the Purchaser under this Sales Agreement, including, without limitation, the payment of the Purchase Price and consents to all necessary filings in accordance with the Personal Property Security Act, Uniform Commercial Code or any similar legislation, as the case may be, of the applicable jurisdiction. The Purchaser will execute any other financing documents in relation to the purchase of the Equipment which CAS may reasonably request. All software is provided to the Purchaser pursuant to a license agreement as set out in Section 14 below, and in no event does the Purchaser acquire title to or ownership of the software.
The Purchaser hereby agrees to defend, indemnify and save harmless Cotec Advanced Systems Inc., and its agents and servants, officers and directors from and against any and all liabilities, obligations, losses, damages, penalties, claims, costs, expenses, including legal expenses, of any kind whatsoever, arising from or relating to the manufacture, order, acceptance or rejection, purchase, ownership, delivery, lease, possession, use, importation, installation, condition, sale, return or other disposition of the Equipment, including, without limitation, any costs or expenses incurred by CAS in the acquisition by CAS of any Equipment the cost of which is in excess of or is included in the Purchase Price in this Agreement, and any claim relating to any latent or other defects whether or not discoverable by the Purchaser, any claim in tort for strict liability and any claim for patent, trademark, design or copyright infringement.
The Purchaser acknowledges that Cotec Advanced Systems Inc. (CAS) is not the manufacturer of the Equipment or the agent of the manufacturer.
13. LIMITATION OF LIABILITY
Cotec advanced systems inc. Shall have no liability to the purchaser for any claim, loss or damage caused or alleged to be caused directly, indirectly, incidentally or consequentially by the equipment, by any inadequacy thereof or deficiency or defect therein, by any incident whatsoever in connection therewith, arising in strict liability, negligence or otherwise. The purchaser and cotec advanced systems inc agree that in no event will cotec advanced systems be liable for damages in respect of incidental, ordinary, punitive, exemplary, indirect, special or consequential damages even if the purchaser has been advised of the possibility of such damages including, but not limited to, lost business revenue, lost profits, failure to realize expected savings, loss of data, loss of business opportunity or any claim against the purchaser by any other party. In no event will cotec advanced systems inc’s directors, officers, employees be liable for any damages, including direct, incidental, ordinary, punitive, exemplary, indirect, special, consequential or any damages arising out of or related to this agreement.
14. COTEC ADVANCED SYSTEMS INC. RIGHT TO TERMINATE
In the event the Purchaser refuses or is unable to accept Delivery of the Equipment, or fails to pay for the Equipment when due, then Cotec Advanced Systems Inc. shall have the right (a) to immediately terminate this Agreement on written notice to the Purchaser; (b) to take immediate possession of the Equipment; (c) to re‑sell or lease the Equipment; and (d) to avail itself of any legal remedy. In addition to any other right or remedy which it may have at law or in equity, Cotec Advanced Systems Inc. shall be entitled to retain all monies paid hereunder as liquidated damages, not as a penalty. Cotec Advanced Systems Inc. agrees to return to the Purchaser any monies paid by the Purchaser in excess of all costs and expenses resulting from the Purchaser’s default.
15. SOFTWARE LICENSE
The Purchaser understands and acknowledges that any computer software or operating system provided to the Purchaser as part of the Equipment is provided subject to a software license agreement. Such license will be packaged together with the software or otherwise provided to the Purchaser. The Purchaser agrees that it is bound by the terms of any such software license agreement and that it will execute any such agreement upon request.
16. FORCE MAJEURE
If Cotec Advanced Systems Inc is unable to deliver the Equipment due to an act of God or other cause beyond the control of Cotec Advanced Systems Inc (the Event), CAS shall not be liable for such failure during the period of and to the extent of the Event. If the Event prevents or interferes with the shipment of the Equipment by the carrier which CAS would ordinarily have used, shipment shall not be made by a more costly carrier unless the Purchaser specifically advises CAS that the Purchaser will assume the additional carrier costs.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and permitted assigns. The Purchaser may not assign its rights or obligations hereunder without the prior written consent of Cotec Advanced Systems Inc.
18. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between the Purchaser and Cotec Advanced Systems Inc. with respect to the purchase and sale of the Equipment. The foregoing terms and conditions shall prevail in the event of any conflict with the terms and conditions of any purchase order or other document submitted by the Purchaser in respect of the Equipment. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.
19. EMAIL MARKETING
By registering for a personal or company account with Cotec Advanced Systems Inc. and providing an email address, you agree to receive intermittent promotional product emails from us. CAS takes your privacy very seriously. We will not share your email address with anyone and you will be able to unsubscribe at any time.