Please read the following statement below regarding Telephonic Canada’s terms and conditions of our Web site and related sales.
The following are the Terms and Conditions of sale ("Terms and Conditions") applicable to all sales of products ("Products") by Fugu Communications Inc. (herein as "Telephonic Canada" or “Telephonic”) to the buyer (herein as "You" or "Customer"). These terms shall apply in the absence of a written contract between you and Telephonic Canada signed by both parties, covering the sale of Telephonic Canada Products and the support thereof. In no event shall any conflicting or additional terms set forth in Customer's purchase order (or any other document provided by Customer) apply to Telephonic Canada’s sale of Products to Customer
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE PURCHASING ANY PRODUCTS FROM Telephonic Canada OR MAKING ANY USE OF Telephonic Canada’s WEBSITE AT WWW.TELEPHONIC.CA (THE "Telephonic Canada SITE"). BY PURCHASING ANY PRODUCTS FROM Telephonic Canada, OR BY USING THE Telephonic Canada SITE, CUSTOMER HEREBY AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS. IF CUSTOMER DOES NOT AGREE WITH THEM, THEN CUSTOMER MUST NOT PURCHASE ANY PRODUCTS FROM Telephonic Canada, IMMEDIATELY RETURN ANY PRODUCTS THAT CUSTOMER MAY HAVE ORDERED, AND PLEASE CEASE ALL USE OF THE Telephonic Canada SITE.
Telephonic Canada reserves the right, at its discretion, to change these Terms and Conditions at any time. Any such changes will be effective thirty (30) days after they are first posted to the Telephonic Canada Site. Please check these terms for changes. Your continued use of the Telephonic Canada Site following the posting of changes to these terms means You will accept those changes.
1. Telephonic Canada Content: Customer acknowledges and agrees that all information and materials contained in the Telephonic Canada Site are Seller's exclusive property or the property of its licensors (the "Telephonic Canada Content"). Except as permitted in this Section 1 below, no Telephonic Canada Content may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Customer may use and download Telephonic Canada Content in connection with Customer's use of the Telephonic Canada Site to evaluate and purchase Products. In all circumstances, however, Customer agrees to: (i) keep intact all copyright and other proprietary notices, (ii) make no modifications to the Telephonic Canada Content, and (iii) not download quantities of Telephonic Canada Content to a database server, or other computer that can be used to avoid future use of and/or downloads from the Telephonic Canada Site.
2. Pricing: Retail prices for Products are available on the Telephonic Canada Site. Customers may request a quote for volume orders of 10 or more units ("Volume Orders"). If a quote is issued by Telephonic Canada, quoted pricing is valid for 14 days and does not include shipping. Prices are for minimum order quantities as stated. Prices are in Canadian Dollars (CAD$) unless otherwise stated.
3. Payment Terms: Telephonic Canada accepts the following payment methods: Visa, Master Card, and PayPal. Telephonic Canada may accept International Credit Cards, COD, Check, Purchase Orders and extends terms on a case-by-case basis. Telephonic Canada accepts wire transfers on orders over $1,000. Customer agrees to pay applicable taxes, if any, including value-added, excise, all state and local sales and/or use taxes and personal property taxes, and any customs duties or charges imposed. Customer must claim any exemption from such taxes, fees or assessments at the time of purchase and provide the necessary supporting documentation. Any sales, use, or other applicable tax or fees or assessments is based on the location to which the order is shipped. Due to a warehouse presence in the province of British Columbia, Telephonic Canada is required to levy Sales Tax (GST, HST and/or PST) on orders when and where applicable. Orders from Customers In The U.S.A. are subject to customs duties and/or brokerage fees. Telephonic Canada requires payment prior to shipment, unless credit terms have been expressly granted. In the event Telephonic Canada grants credit terms, payment shall be due upon delivery (unless otherwise agreed to in writing by Telephonic Canada). Any sum not paid by Customer when due shall bear interest until paid at a rate of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. If Telephonic Canada brings an action for breach of these Terms and Conditions, including any action to enforce its right to payment, Customer shall be liable for Telephonic Canada’s reasonable legal counsel fees, costs, and expenses incurred in connection with such action.
4. Shipping: Customer is responsible for all shipping and insurance charges. Telephonic Canada will ship anywhere in the U.S., Canada and, at its discretion and under specific terms, to other international destinations. Provided items ordered are in stock, orders for Products consisting solely of Components priced individually by Telephonic Canada ("Components") that are placed before 5 p.m. eastern standard time usually ship the same business day if using UPS as the shipping method, but this is not guaranteed. Orders for Products consisting of multiple Components that have been assembled into a system by or for Telephonic Canada ("Systems") usually require 3-5 full business days for building and testing. Volume Orders may take longer. Rush orders for Systems must be placed by 1:00 p.m. eastern standard time in order to ship by the end of business the next day.
Shipping and delivery dates are not guaranteed. Orders can be delayed because of payment, billing, or shipping verification in order to prevent fraudulent credit card transactions. Shipping closes at 5 p.m. eastern standard time for orders being shipped via UPS. For other shipping methods (DHL and Canada Post), shipping closes at 2 p.m. eastern standard time. Tracking numbers will automatically be sent to the Customer when the order has shipped. Telephonic Canada does not process or ship orders on weekends or national holidays. Telephonic Canada reserves the right to use an alternative shipping method due to weight restrictions. Shipping charges are non-refundable.
Products purchased or received under these terms and conditions are subject to export laws and regulations of the United States of America. Title and risk of loss to Products pass from Telephonic Canada to Customer upon Telephonic Canada’s delivery of the Products to the carrier.
International Shipping: As the importer of record, the recipient is responsible for any additional levies, duties, taxes and other customs fees required for clearance. These fees vary from country to country and change often, so we are unable to control or predict them. Please contact your local post/customs office for more information. Telephonic Canada will not issue credit for any orders that are refused or abandoned.
5. Force Majeure: Delay in performance or non-performance of any obligation contained herein shall be excused to the extent such failure or non-performance is caused by Force Majeure. For purposes of this Agreement, "Force Majeure" shall mean any cause preventing performance of an obligation under this Agreement (except for the payment of money) which is beyond the reasonable control of either party hereto, and which by the exercise of reasonable and customary due diligence, could not have been avoided or overcome, including without limitation, fire, flood, sabotage, shipwreck, embargo, explosion, labor trouble, accident, riot, acts of governmental authority (including, without limitation, acts based on laws or regulations now in existence as well as those enacted in the future), acts of God, and delays or failure in obtaining components from suppliers, raw materials or transportation.