Ottawa LED - Terms and Conditions

Terms and Conditions

The following terms and conditions constitute a binding agreement between you and Ottawa LED and are referred to herein as either ‘terms and conditions’ or ‘this agreement’ for purposes of this agreement Ottawa LED shall be referred to as seller. Please read the terms and conditions of this agreement carefully before accepting below. Buyer’s purchase of the products is expressly conditioned on acceptance of the following terms and conditions. Buyer accepts the following terms and conditions by making a purchase from, or placing an order with, seller for products or shopping on any seller website. The following terms and conditions shall apply to all purchases and orders, whether made via email, verbal (by telephone) or by written orders sent by buyer to seller, notwithstanding any conflict with the terms and conditions of any order or other instrument provided by buyer to seller; such terms and conditions of buyer are hereby rejected by seller and shall not be incorporated into this agreement. The following terms and conditions are subject to change without prior notice, except that the terms and conditions posted hereon at the time buyer makes a purchase or places an order will govern unless otherwise agreed in writing by seller and buyer.

Installation of Products

Buyer expressly acknowledges and agrees that if it is necessary to perform any work on any line voltage for use of Seller’s Products, Buyer will have a qualified, licensed electrician perform the line voltage work. Any installation of the Products by someone other than a qualified, licensed electrician shall be performed by Buyer at Buyer’s own risk and liability. Seller will not be held responsible for or accept or assume any liability in connection with any line voltage work for use of the Products, the electrical installation or modification of any of its Products, or injuries or damages incurred in connection with the foregoing. The installation of the Products must be in compliance with all local, state, and provincial laws, rules, codes, and regulations. Buyer shall be solely responsible for compliance with such laws. Any improper installation and/or modification of the Products can cause serious harm possibly resulting in death or personal injury. Buyer should consult with a qualified, licensed electrician who adheres to and accepts all responsibility for electrical installations in compliance with all applicable local, provincial laws, rules, codes, and regulations. SELLER SHALL NOT BE RESPONSIBLE FOR ANY INJURY OR DEATH ARISING FROM THE USE OR INSTALLATION OF SELLERS PRODUCTS. The information on Seller’s website regarding installation of the Products is for demonstration/education purposes only and is not intended for use by anyone other than a qualified, licensed electrician. Without limiting the foregoing, Seller does not represent or warrant that the information available through this website is accurate, complete, reliable, useful, timely or current. Seller disclaims any liability as to the accuracy or completeness of such information. Seller assumes no risk or responsibility for Buyer’s use of any of the content provided on this website. Under no circumstances shall Seller be liable for any direct or indirect losses or damages arising out of or in connection with the use of the information on this website.

Limited Warranty

The warranty guarantees that products will be free of defects in material and workmanship when the products are installed, operated, and maintained according to applicable codes and regulations and under conditions of ‘normal use’ – for the time periods defined below.

Limitations and Conditions

Warranty does not apply to any Products that have been subjected to misuse, mishandling, misapplication, neglect (including but not limited to improper maintenance), accident, vandalism, improper installation, improper packaging of Products returned to Seller, modification (including but not limited to use of unauthorized parts or attachments), or adjustment or repair by someone other than Seller.
Warranty does not cover damage due to power surges, power spikes, or the application of voltages outside the acceptable range of voltages as defined in product specifications. Also not covered, is the application of DC (direct current) power when AC (alternating current) power is required (or vice versa), and the use of non-approved electronic transformers and dimmers.
Warranty does not cover ‘Acts of God’ such as lightning, floods, hail, tornado, fire, earthquake, hurricanes, and other extreme weather events.
Warranty does not cover water damage to Products (not specifically sold as Underwater Products) that have been submerged in water, mounted in an incorrect orientation, improperly assembled, or been subject to excessive contact with water spray from irrigation nozzles or drainage flows.
Transformers must be installed according to provided instructions – evidence of improper mounting or wiring voids the warranty. Transformer housings, when mounted on oceanfront properties must be protected from direct contact with salt spray.
It is normal for natural brass and copper finishes to patina, oxidize, and change colors. It is also normal of other types of finishes such as powder coatings to discolour or blister when exposed to sunlight, irrigation systems, reclaimed water, sea water, acid rain, and other sources of aggressive agents. These coatings may also be affected by physical factors resulting in damage to the coatings. These changes are not covered by warranty.
These warranties extend only to the Product ownership by the original purchaser and are void when the original purchaser ceases to own the Product. These warranties are not transferable whether to heirs, subsequent owners, or otherwise.
These warranties do not cover labour or other costs or expenses to remove or install any defective, repaired, or replaced Product.
If a Product is covered under any of the foregoing warranties, such Product will be replaced or repaired, or, at the Seller’s sole option, the purchase price will be refunded.
The foregoing warranties are exclusive and in lieu of all other warranties. Seller makes no representations or warranties except as expressly set forth herein. Seller expressly disclaims all other representations and warranties, express or implied, including, but not limited to, any supplier or distributor of Seller that modifies or amends this limited warranty.

FOB

The sale takes place in Ottawa, Ontario. You may pick up orders at our location in Ottawa or elect to have us forward your goods to you. If you want your goods shipped to you, we are only responsible for the goods until they leave our store and your shipper picks them up. The customer is paying for the shipping and paying for us to ship the goods via your preferred shipper (we usually default to Canada Post). Any problems with delivery should be directed to your shipper. If we have a tracking number, we will furnish it to you to assist you in communicating with your shipper.

Limitation of Liability

The foregoing limited warranty provides the buyer’s sole and exclusive remedy relating to seller’s products. Under no circumstances and notwithstanding the failure of essential purpose of any remedy set forth herein, seller shall not be liable for (A) any special, indirect, incidental, punitive or consequential damages, including, but not limited to, loss of profits, business revenues or savings, promotional and/or manufacturing expenses, overhead, injury to reputation and/or loss of customers, even if seller has been advised of the possibility of such damages or such damages are otherwise foreseeable, and regardless of whether a claim for any such liability is premised upon breach of contract, warranty, negligence, strict liability or other theory of liability; (B) any claims, demands, or actions against buyer by any third party; (C) any loss or claims, including claims for personal injuries or death, arising from the use or installation of seller’s products; (D) any loss or claims arising out of or in connection with buyer’s implementation of any advice, recommendations or instructions by seller based on, resulting from, arising out of or otherwise related to the products.

Returns

Products may be returned only with the prior written consent and authorization of Seller, which may be withheld by Seller for any reason. Buyer must call Seller to obtain a return authorization number. All returned Products MUST receive a return authorization number from Seller prior to return shipment. Seller will provide a return label and instructions via email (preferred) or regular mail. Returns of product must be received by Seller within 14 days of the product shipment date in order to avoid a restocking charge. Products may be returned only if unmarked, unopened, in the original sealed packages and in all respects, resalable. Seller reserves the right to reject any product returned more than 14 days after the invoice date. Buyer will be responsible for return freight. Buyer shall be responsible for any freight loss or damage during return. Please see our Return Policy.

Typographical Errors

In the event that any of Seller’s Products are mistakenly listed at an incorrect price, Seller reserves the right to refuse or cancel any orders placed for Products listed at the incorrect price. Seller reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Seller shall issue a credit to your credit card account for the amount charged.

Governing Law and Jurisdiction

The validity, interpretation, construction, and enforcement of this Agreement are governed by the laws of the Ontario, excluding the laws of that jurisdiction pertaining to the resolution of conflicts with other laws of other jurisdictions. Buyer consents to the personal jurisdiction of the state and federal courts having jurisdiction over Ontario consents and agrees that the proper, exclusive, and convenient venue for every legal proceeding arising out of this Agreement is Ontario and waives any defence, whether asserted by motion or pleading, that Ontario is an improper or inconvenient venue.

Complete Agreement

This Agreement records the final, complete, and exclusive expression of the understanding between the parties with respect to the matters addressed in it and supersedes any prior or contemporaneous agreement, representation, or understanding, oral or written, by either of them, including any written instruction manuals or other terms and conditions on Seller’s website.

Term; Termination

These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Ottawa LED without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.

Notice

Ottawa LED may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Ottawa LED.

Miscellaneous

Your use of this site (www.ottawaled.com) shall be governed in all respects by the laws of the province of Ontario, Canada, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Ottawa LED products) shall be in the province or supreme courts located in Ontario. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Ottawa LED products) must be commenced within one (1) year after the claim or cause of action arises. Ottawa LED’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Ottawa LED may assign its rights and duties under this Agreement to any party at any time without notice to you.

Use of Site

Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including an Ottawa LED or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offence, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.

Participation Disclaimer

Ottawa LED does not and cannot review all communications and materials posted to or created by users accessing the site (www.ottawaled.com), and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Ottawa LED is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Ottawa LED reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.ottawaled.com in its sole discretion.

Indemnification

You agree to indemnify, defend, and hold harmless Ottawa LED, its officers, directors, employees, agents, licencors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Third-Party Links

In an attempt to provide increased value to our visitors, Ottawa LED may link to sites operated by third parties. However, even if the third-party is affiliated with Ottawa LED, Ottawa LED has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Ottawa LED. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Ottawa LED seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).