Purchasing Terms and Conditions:
Addley Precision is completely dedicated to your satisfaction. If you have any suggestions or comments as to how we can improve customer satisfaction, please contact us through our contact form on our website at www.addleyprecision.com/contact-us.
We openly encourage customers to print and keep a copy of these Terms and Conditions for future reference.
These Terms and Conditions of Sale (“the Terms”) are important to you and to Addley Precision and should be considered carefully before you place an order with us. These Terms have been designed to protect your rights as a valued customer and to protect our rights as a business.
- For purposes of the Terms “we”, “us”, “our” refer to Addley Precision and “you” and “your” refer to you the Customer unless the context clearly indicates otherwise.
- We will use all reasonable endeavors to carry out our obligations to you within a reasonable period of time but will not be liable to you, the buyer, for any loss, costs or expenses arising directly or indirectly from any delays in doing so. Nor will we be deemed to be in breach of our obligations to you due to any delay in performing, or any failure to perform any of our obligations if the delay or failure was due to any cause beyond our reasonable control.
- We will take all reasonable precautions to keep the details of your order and payment secure, but we will not be liable to you for losses due to unauthorized access to information provided by you.
- We will not be liable to you for any other claims, which arise out of the supply of our products to you unless we are grossly negligent.
- All other Terms and Conditions expressed or implied by statute or otherwise are excluded fully as permitted by law but nothing in the Terms shall affect the statutory rights of any consumer – except in respect of death or personal injury caused by our negligence. We will not be liable to you, the buyer, for any loss of profit or any indirect special or consequential loss, damage, costs, expenses or other claims, which arise out of or in connection with the supply and/or use of our products.
- The Terms apply to all transactions carried out on the Addley Precision website and all other retail forms when purchasing directly from us.
- Without prejudice to the generality of the foregoing, the following will be regarded as causes beyond our reasonable control:
- Acts of God; explosion; flood; tempest; fire or accident;
- War or threat of war, sabotage, civil disturbance or requisition,
- Acts, restrictions, regulations, by-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority, import or export regulations or embargoes,
- Strikes, lock outs or other industrial actions or trade disputes,
- Difficulties in obtaining raw materials, labour, fuel, parts or machinery, power failure or breakdown in machinery
- These Terms cannot be altered or suspended, permanently or temporarily without the written permission of Addley Precision Inc.
- The buyer assumes all risks and responsibilities associated with the use of our products, this includes, but not limited to, damage to personal property.
- We assume no liability for damages caused as a result of product installation or use.
- The buyer assumes all responsibility when choosing to install a product, and subsequently Addley Precision has no obligation to reimburse the customer deem installation to not be satisfactory.
- Reimbursement is subject solely to the discretion of management, and will be limited strictly to the original purchase price of the product.
- Any costs incurred due to installation are not covered, and are the responsibility of the customer.
MAKING A PURCHASE
- We accept Visa and Mastercard Credit Cards as well as Paypal. You may place your order via phone or over the internet via the website. We are entitled to refuse any order placed by you and will not be required to provide an explanation.
- We are not obliged to supply the goods or services to you until we have confirmed acceptance of your order.
- Ownership of the goods transfers when we have been paid in full and delivery has taken place.
All products are supplied subject to availability. In the event that we are unable to supply any product, we will inform you of this as soon as possible.
- All sizes and dimensions are approximate and pictures may only be representative but we make every effort to make sure they are as accurate as possible.
PRICES AND PAYMENT
- Where limited offers are advertised, these products are subject to availability and are allocated on a strict first come first served basis. When all the stock of these products has been allocated, no substitute product will be offered.
- The price you pay is the price displayed on this website at the time we receive your order apart from the following exception. While we try to ensure that all prices on our website are accurate, errors may occur. If we discover an error in the price of goods you have ordered we will inform you as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. We are not obliged to provide a product to you at an incorrect (lower) price.
- We will take all reasonable precautions to keep the details of your order and payment secure, however we cannot be held liable for any losses caused because of unauthorised access to information provided by you.
- Occasionally our international customers may experience longer shipping times than Canada Post. Once a parcel is shipped, the delivery and management of the parcel is beyond our control. As such, we reserve the right to refuse refunds to international customers until 10 weeks after the day the order is shipped.
- Refunds will only be issued to international customers that have not received their parcel 10 weeks after the day the order is shipped.
- All orders are shipped from Midland, Ontario, Canada. We strive to ship within one business day. All shipping is done through Canada Post.
- We make every effort to ship and deliver goods within a reasonable amount of time. However, delays are sometimes inevitable and delivery time will not be of the essence nor will it be a fundamental term of the contract between Addley Precision and the customer. You (the customer) are responsible for ensuring availability to receive delivery of your product(s) and the delivery destination is suitable for delivery.
- All orders are subject to their respective shipping costs, which will be charged to the customer at time of purchase.
- No handling fees shall be applied to any regular purchase.
- If an item is out of stock, it shall be displayed as such on the website. Any item that runs out of stock will usually become available within 4 weeks’ time; however, we are under no obligation to guarantee this timeline as unforeseen circumstances may prevent us from doing so.
CREDIT CARD SECURITY
- All credit card numbers are encrypted when the order is placed, and are not held or accessible after an order has been placed.
- Addley Precision does not disclose buyers’ information to third parties. Cookies are ONLY used on the site to keep track of the contents of your shopping cart once you have selected an item.
- We hope that you will be completely satisfied with your product. However, it may be necessary to return your product to us in some limited circumstances. Please ensure that you follow these instructions for returning a product to avoid a delay in processing your return.
- If you are not completely satisfied with your purchase, simply return the item to us in its original condition within seven (7) days of receipt.
- Returned items should be unused and must be returned in original packaging with any enclosed documentation. Refunds will be processed and a decision issued within thirty (30) days from the date you tell us of a product return or the day we confirm to you that you are entitled to a refund and refunds will not be issued until the product has been received by us in its original or delivered state.
- Goods will only be accepted for return if they are dispatched within seven (7) days of delivery.
- The item is your responsibility until it reaches us. You should return any product to us via Canada Post to the return address given. You should retain any receipt confirming the return. We are not liable for returned products that are lost in transit.
- You (the customer) will be responsible for the charges incurred in returning an item to us unless we agree to reimburse you.
- Delivery charges are only refundable where goods are faulty and a refund is made.
- You the Customer are solely responsible for inspecting the product upon delivery. You must contact Addley Precision should you wish to inform us of damaged, defective or missing goods and/or delivery discrepancies within forty-eight (48) hours of the delivery being made.
- Refunds will be processed and a decision issued within thirty (30) days from the date you tell us of a product return or the day we confirm to you that you are entitled to a refund and refunds will not be issued until the product has been received by us in its original or delivered state.
- All goods incorrectly ordered will be accepted as a return and a 10% re-stocking fee may apply. (All postage costs incurred during the return are the customers responsibility).
CANCELLATION OF ORDERS
- You have the right to cancel your order for any item purchased on our website and claim a full refund. To cancel your order you must notify us within seven (7) business days commencing on the day after delivery.
- You must return the product to us at your own cost as required by these Terms but if you do not or if you return the product to us at our expense then we may charge you the reasonable costs of returning a product except in the case of cancellation for substitute products.
- The goods must be returned in an unused and re-saleable condition.
- You are responsible for the cost of safe carriage back to us.
- The product should be returned within seven (7) business days from the date we receive your cancellation. If you are unable to return the product to us within seven (7) business days you must advise us of this as soon as possible.
UNWANTED OR INCOMPATIBLE GOODS
- We may, subject to our discretion, accept products for return which do not fit as intended by us.
- Should we accept the return of an unwanted or incompatible product, you are responsible for the cost of return shipping to us and you will bear the risk during transportation until the product is received by us.
DAMAGED, DEFECTIVE OR FAULTY GOODS
- Any product supplied to you must be used for its intended purpose and not be subject to abuse or unreasonable usage. Damage to goods in postage can be claimed from the carrier’s insurance.
- We will repair or replace any product that has failed in normal usage and will reimburse the costs of returning the goods to us, and subsequently retuning the goods to you, as long as the product has been used as intended and does not, on examination, display any signs of misuse.
- If the product does display signs of misuse, then you will be responsible to pay our costs and expenses of examining the goods and subsequently, if you instruct us to, returning the goods to you.
Addley Precision Inc.’s Limited Lifetime Warranty
This Limited Warranty applies to physical goods, and only for physical goods, purchased from Addley Precision Inc. (the “Physical Goods”).
- What does this limited warranty cover?
This Limited Warranty covers any defects in material or workmanship under normal use during the Warranty Period.
During the Warranty Period, Addley Precision Inc. will repair or replace, at our sole discretion, Products or parts of a Product that proves defective because of improper material or workmanship, under normal use and maintenance.
- What will we do to correct problems?
Addley Precision Inc. will either repair or replace the Product at no charge, using new or refurbished replacement parts. Customer is responsible for the cost of safe carriage back to us. We will not be held liable for any Product that is lost in transit back to the manufacturer from the customer.
- How long does the coverage last?
The coverage for Physical Goods purchased from Addley Precision Inc. is a lifetime warranty from the date of purchase.
- What does this limited warranty not cover?
This Limited Warranty does not cover any problem that is caused by:
- conditions, malfunctions or damage not resulting from defects in material or workmanship which includes:
- misuse of Product
- abuse of Product
- improper installation/ customer’s failure to follow given installation instructions
- damages incurred during or as a result of installation of the Product onto its intended device
- use of Product on incompatible devices
- use of Products for purposes other than those intended/specified
- conditions, malfunctions or damage not resulting from defects in material or workmanship which includes:
- What do you have to do?
To obtain warranty service, you must first contact us to determine the problem and the most appropriate solution for you.
- All special offers are subject to availability and can be withdrawn at any time without prior notification.
- All offers are restricted to retail buyers only and only one item per purchaser for the period of the offer is allowed.
Terms of Service:
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Addley Precision, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Your addleyprecision.com Account and Site. If you create a blog/site on the Website, you are responsible for maintaining the security of your account and blog, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the blog. You must not describe or assign keywords to your blog in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Addley Precision may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Addley Precision liability. You must immediately notify Addley Precision of any unauthorized uses of your blog, your account or any other breaches of security. Addley Precision will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
- Responsibility of Contributors. If you operate a blog, comment on a blog, post material to the Website, post links on the Website, or otherwise make (or allow any third party to make) material available by means of the Website (any such material, "Content"), You are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text, graphics, an audio file, or computer software. By making Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- if your employer has rights to intellectual property you create, you have either (i) received permission from your employer to post or make available the Content, including but not limited to any software, or (ii) secured from your employer a waiver as to all rights in or to the Content;
- you have fully complied with any third-party licenses relating to the Content, and have done all things necessary to successfully pass through to end users any required terms;
- the Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive content;
- the Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing);
- the Content is not pornographic, does not contain threats or incite violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- your blog is not getting advertised via unwanted electronic messages such as spam links on newsgroups, email lists, other blogs and web sites, and similar unsolicited promotional methods;
- your blog is not named in a manner that misleads your readers into thinking that you are another person or company. For example, your blog's URL or name is not the name of a person other than yourself or company other than your own; and
- you have, in the case of Content that includes computer code, accurately categorized and/or described the type, nature, uses and effects of the materials, whether requested to do so by Addley Precision or otherwise.
By submitting Content to Addley Precision for inclusion on your Website, you grant Addley Precision a world-wide, royalty-free, and non-exclusive license to reproduce, modify, adapt and publish the Content solely for the purpose of displaying, distributing and promoting your blog. If you delete Content, Addley Precision will use reasonable efforts to remove it from the Website, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Addley Precision has the right (though not the obligation) to, in Addley Precision's sole discretion (i) refuse or remove any content that, in Addley Precision's reasonable opinion, violates any Addley Precision policy or is in any way harmful or objectionable, or (ii) terminate or deny access to and use of the Website to any individual or entity for any reason, in Addley Precision's sole discretion. Addley Precision will have no obligation to provide a refund of any amounts previously paid.
- Payment and Renewal.
- General Terms.
By selecting a product or service, you agree to pay Addley Precision the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.
- Automatic Renewal.
Unless you notify Addley Precision before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Addley Precision in writing.
- General Terms.
- Fees; Payment. By signing up for a Services account you agree to pay Addley Precision the applicable setup fees and recurring fees. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. Addley Precision reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Services can be canceled by you at anytime on thirty (30) days written notice to Addley Precision.
- Support. If your service includes access to priority email support. "Email support" means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Addley Precision to respond within one business day) concerning the use of the VIP Services. "Priority" means that support takes priority over support for users of the standard or free addleyprecision.com services. All support will be provided in accordance with Addley Precision standard services practices, procedures and policies.
- Responsibility of Website Visitors. Addley Precision has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material's content, use or effects. By operating the Website, Addley Precision does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Addley Precision disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.
- Content Posted on Other Websites. We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which addleyprecision.com links, and that link to addleyprecision.com. Addley Precision does not have any control over those non-Addley Precision websites and webpages, and is not responsible for their contents or their use. By linking to a non-Addley Precision website or webpage, Addley Precision does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Addley Precision disclaims any responsibility for any harm resulting from your use of non-Addley Precision websites and webpages.
- Copyright Infringement and DMCA Policy. As Addley Precision asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by addleyprecision.com violates your copyright, you are encouraged to notify Addley Precision in accordance with Addley Precision's Digital Millennium Copyright Act ("DMCA") Policy. Addley Precision will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Addley Precision will terminate a visitor's access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Addley Precision or others. In the case of such termination, Addley Precision will have no obligation to provide a refund of any amounts previously paid to Addley Precision.
- Intellectual Property. This Agreement does not transfer from Addley Precision to you any Addley Precision or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Addley Precision. Addley Precision, addleyprecision.com, the addleyprecision.com logo, and all other trademarks, service marks, graphics and logos used in connection with addleyprecision.com, or the Website are trademarks or registered trademarks of Addley Precision or Addley Precision's licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Addley Precision or third-party trademarks.
- Advertisements. Addley Precision reserves the right to display advertisements on your blog unless you have purchased an ad-free account.
- Attribution. Addley Precision reserves the right to display attribution links such as 'Blog at addleyprecision.com,' theme author, and font attribution in your blog footer or toolbar.
- Partner Products. By activating a partner product (e.g. theme) from one of our partners, you agree to that partner's terms of service. You can opt out of their terms of service at any time by de-activating the partner product.
- Domain Names. If you are registering a domain name, using or transferring a previously registered domain name, you acknowledge and agree that use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers ("ICANN"), including their Registration Rights and Responsibilities.
- Changes. Addley Precision reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Addley Precision may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Termination. Addley Precision may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your addleyprecision.com account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Addley Precision if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Addley Precision's notice to you thereof; provided that, Addley Precision can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
- Disclaimer of Warranties. The Website is provided "as is". Addley Precision and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Addley Precision nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Limitation of Liability. In no event will Addley Precision, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Addley Precision under this agreement during the twelve (12) month period prior to the cause of action. Addley Precision shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
- Indemnification. You agree to indemnify and hold harmless Addley Precision, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
- Miscellaneous. This Agreement constitutes the entire agreement between Addley Precision and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Addley Precision, or by the posting by Addley Precision of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the Province of Ontario, Canada, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Simcoe County, Ontario. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. ("JAMS") by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Simcoe County, Ontario, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys' fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Addley Precision may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.