HPSTEELCO TERMS OF SALE
HPSTEELCO TERMS OF SALE
PLEASE READ THESE HPSTEELCO TERMS OF SALE ("TERMS OF SALE") CAREFULLY BEFORE MAKING A PURCHASE ON THIS WEBSITE (DEFINED BELOW). THESE TERMS OF SALE CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MAY APPLY TO YOUR PURCHASE.
BY PLACING AN ORDER ON THIS WEBSITE, YOU ACCEPT AND ARE BOUND BY THESE TERMS OF SALE.
YOU MAY NOT ORDER OR OBTAIN PRODUCTS FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS OF SALE; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS, OR SERVICES BY APPLICABLE LAW.
These Terms of Sale govern the advertisement for sale, offer to purchase, purchase, and sale of HPSteelco products through the website www.hpsteelco.com (the "Website") which is operated by HPSteelco Fabrication Ltd. 150 Crescent Rd N.W., Calgary, Alberta T2M 4A2, ("HPSteelco," "we,” “our,” or “ours”), together with the HPSteelco Website Terms of Use and Service and HPSteelco Privacy Policy located at https://www.hpsteelco.com/store-policies). Only customers who are purchasing products without any commercial, business or professional activities or purposes (hereinafter as “you” or “your,” or “Consumer”) may purchase or obtain products through this Website.
HPSteelco reserves the right to change these Terms of Sale at any time without prior notice to you, and in its sole discretion. The latest version of these Terms of Sale will be posted at this page and will be effective upon posting. You should review them before purchasing any product through this Website. The Terms of Sale that are posted at the time your order is made governs that order.
These Terms of Sale are an integral part of the HPSteelco Website Terms of Use and Service that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for products through this Website. For any other information, you may contact HPSteelco at sales@hpsteelco.com.
1. ACCEPTANCE OF TERMS
Before initiating or submitting a purchase order (an “order”) on the Website, you agree and represent that you have read and accepted these Terms of Sale and all the information provided during the order process. You also acknowledge that you have read our HPSteelco Website Terms of Use and Service and HPSteelco Privacy Policy available at https://www.hpsteelco.com/store-policies.
2. PRODUCTS
Detailed description of the products can be found on the products’ pages on the Website. Note that the pictures and colors of the products on the Website may vary from the real article depending on your Internet browser settings or the monitor settings you use.
All prices posted on this Website are subject to change without notice. The price charged for a product will be the price in effect at the time the order is submitted and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your products total and will be itemized in your shopping cart and in your order confirmation email. We are not responsible for pricing, typographical, or other errors in any advertisement by us and we reserve the right to cancel any orders including such errors. Please check the final prices before placing an order and completing the purchasing procedure.
3. ENTERING INTO A CONTRACT WITH HPSTEELCO
When you place your order, we will provide you a summary showing a list of the products you selected to purchase, their prices (in Canadian dollars), taxes, delivery arrangements and shipping and/or other additional costs (if any). You agree that your order is an offer to buy, under these Terms of Sale, all products listed in your order. If you disagree with any of the Terms of Sale, you must not place an order. All orders must be accepted by us or we will not be obligated to sell the products to you. We may choose not to accept any orders in our sole discretion.
When we receive your order, we will send you a confirmation email with your order number and details of the items you have ordered and details of your order as listed in the above paragraph. Our acceptance of your order and the formation of the contract of sale between HPSteelco and you will not take place until we have verified the data you provided with your order and you have received your order confirmation email.
You have the option to cancel your order for a full refund at any time before we have sent your order confirmation email using the cancellation option on our website or by contacting us at sales@hpsteelco.com. All other cancellations and refunds will be subject to Return and Refunds policy as set out in Section 6 of these Terms of Sale.
Any personal information collected from you in connection with your order or a contract of sale between you and HPSteelco will be treated in accordance with the HPSteelco Privacy Policy, found https://www.hpsteelco.com/store-policies.
HPSteelco will not fill orders that are incomplete and/or incorrect. In such cases, we will inform you that the order has not been finalized nor processed, specifying the relevant reasons.
If any of the product(s) displayed on the Website at the time you placed your order become unavailable, HPSteelco will inform you about the unavailability. If you have already paid for the products, the order will be cancelled and HPSteelco will refund the entire amount promptly.
4. SHIPMENT AND DELIVERY
Products will be shipped to the address indicated in your order through the delivery service you choose (which will show the carrier and estimates for delivery time and price). Shipping and delivery dates are estimates only and cannot be guaranteed. To the extent permitted by applicable law, HPSteelco is not responsible for any delays in shipment or delivery. However, if delivery fails to occur for any reason within 30 days of the estimated delivery date, you can contact us for a cancellation and full refund.
5. PAYMENTS
Payments must be received by HPSteelco before our acceptance of the order and offer to purchase. Payments can be made by credit card (Visa / Mastercard / American Express) or through other payment methods made available to you from time to time at HPSteelco's discretion.
All payments are processed through our secure payment processing service provider, Square, Inc. ("Square"). Where applicable, you authorize us to share with Square the financial information, banking details and transaction information related to your use of Square's payment processing services and the Website. You also agree that we are not responsible for the use or misuse of such financial information, banking details and transaction information by Square or any third party. Use of payment processing services by Square is subject to Square's terms and privacy policy, which may be found at: https://squareup.com/ca/en/legal/general/ua.
You represent and warrant that (i) the credit card information you supply to us or Square is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.
Your payment card information will never be used by HPSteelco for any purpose other than processing your orders, or to process a refund, or to prevent or report fraud as required by law.
6. RETURN AND REFUNDS
Subject to applicable law, we will accept a return of any product that is in its original condition for a refund of your purchase price, less the original shipping and handling costs, provided such return is made within 30 working days of the delivery date and provided that the product is returned in its original condition. To return the product, you must contact us by giving us written request for a return, providing the order information and the product you would like to return at sales@hpsteelco.com.
When we receive such written request to return, HPSteelco will contact you in order to indicate the address where the products must be returned. You must return the products following the instruction received and at your own expense within 14 days starting from the date we provide you with a return address. You bear the risk of loss during shipment. Once we receive the returned products, we will process your refund back to the same payment method used to make the original purchase on the Website. If you are entitled to cancel a contract of sale between you and HPSteelco under applicable Canadian consumer protection laws, you may request a refund from us and we will process your refund within 15 days of your request.
7. LIMITED WARRANTY
HPSteelco represents and warrants that we will, in our sole discretion, repair, replace, or refund the purchase price of a product purchased on the Website if it contains a defect in workmanship or materials that impairs its function and that manifests and is reported to us within 1 (one) year starting from the date of the applicable order (“Warranty Period”). HPSteelco may, in its sole discretion, repair or replace the entire product or the defective component of the product. We will also pay for shipping and handling fees to return the repaired or replacement product or component to you if we elect to repair or replace the defective product or component. The repair, replacement or refund that we elect is your sole and exclusive remedy under this limited warranty. Any remaining Warranty Period will apply to any repaired or replaced product or component.
To initiate a warranty claim, contact our Customer Service at danielh@hpsteelco.com. You are required to provide your purchase documentation (e.g. order confirmation email) and photographs of the defect alleged. You may also be required to return the product or component to us at our cost for our inspection and review to determine whether the warranty is applicable.
THIS LIMITED WARRANTY ONLY EXTENDS TO THE ORIGINAL PURCHASER OF PRODUCTS FROM THE WEBSITE. IT DOES NOT EXTEND TO ANY SUBSEQUENT OR OTHER OWNER OR TRANSFEREE OF THE PRODUCT.
THIS LIMITED WARRANTY DOES NOT COVER ANY DEFECT OR DAMAGE DUE TO: 1) TRANSPORTATION; 2) STORAGE; 3) IMPROPER OR NEGLIGENT USE; 4) FAILURE TO FOLLOW PRODUCT INSTRUCTIONS; 5) MODIFICATIONS NOT MADE OR APPROVED BY HPSTEELCO; 6) COMBINATION OR USE WITH ANY PRODUCTS, MATERIALS, PROCESSES, SYSTEMS OR OTHER MATTER NOT PROVIDED OR AUTHORIZED IN WRITING BY HPSTEELCO; 7) UNAUTHORIZED REPAIR; 8) NORMAL WEAR AND TEAR; OR 9) EXTERNAL CAUSES SUCH AS ACCIDENTS, ABUSE, OR OTHER ACTIONS OR EVENTS BEYOND OUR REASONABLE CONTROL.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT AS PROVIDED EXPRESSLY ABOVE, HPSTEELCO DISCLAIMS ALL OTHER WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER LEGAL, EXPRESS OR IMPLIED (INCLUDING WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT), RELATING TO ANY PRODUCTS PURCHASED OR SOLD THROUGH THIS WEBSITE OR THEIR USE, SUITABILITY OR AVAILABILITY OR ANY TRANSACTION CONDUCTED ON THIS WEBSITE, WHETHER ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION ON IMPLIED WARRANTIES AND CONDITIONS, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU. ANY LEGAL OR IMPLIED WARRANTIES OR CONDITIONS THAT CANNOT BE WAIVED ARE LIMITED IN DURATION TO THE WARRANTY PERIOD ABOVE.
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL HPSTEELCO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING LOSS OF USE, LOSS OF REVENUE OR PROFIT, LOSS OF SAVINGS, OR FOR DAMAGES ARISING OUT OF DEATH, PERSONAL INJURY OR DAMAGE TO PROPERTY) ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO THE PRODUCTS ADVERTISED, PURCHASED OR SOLD THROUGH THIS WEBSITE OR THEIR USE, SUITABILITY OR AVAILABILITY, EVEN IF CAUSED BY NEGLIGENCE.
HPSTEELCO'S MAXIMUM AGGREGATE LIABILITY TO YOU SHALL IN NO EVENT EXCEED THE GREATER OF CAD$10,000.00 OR THE PURCHASE PRICE OF YOUR ORDER. THE ABOVE EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT A CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, RESTITUTION, BREACH OF STATUTE OR ANY OTHER THEORY OF LAW AND EVEN IF HPSTEELCO HAD BEEN ADVISED OR HAD REASONS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF DAMAGES AS PROVIDED ABOVE, AND AS A RESULT, SOME OF THE EXCLUSIONS REFERRED TO ABOVE MAY NOT APPLY TO YOU.
9. INDEMNITY
YOU AGREE THAT YOU WILL INDEMNIFY AND HOLD US HARMLESS FROM ANY LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES ARISING OUT OF OR RELATED TO YOUR USE OR MISUSE OF THE PRODUCTS OR YOUR BREACH OF ANY OF YOUR OBLIGATIONS UNDER THESE TERMS OF SALE.
10. GOODS NOT FOR RESALE OR EXPORT
You represent and warrant that you are buying products from the Website for your own personal use only, and not for resale or export.
11. INTELLECTUAL PROPERTY USE AND OWNERSHIP
HPSteelco and its licensors will remain the sole and exclusive owners of all intellectual property rights in and to each product made available on this Website and any related specifications, instructions, documentation or other materials, including, but not limited to, all related copyrights, patents, trademarks, and other intellectual property rights. You do not and will not have or acquire any ownership of these intellectual property rights in or to the products made available through this Website, or of any intellectual property rights relating to those products.
12. FORCE MAJEURE
We shall not be liable for delay or failure to perform our obligations under these Terms of Sale due to any contingency beyond our reasonable control, including, but not limited to, war, acts of terrorism, riot or other civil unrest, political insurrection, acts or orders or expropriation or closure by any government, fuel shortage, strike, lock out or other labor disturbances, restraints or delays affecting carriers, inability or delay in obtaining supplies of adequate or suitable materials, telecommunication failure or power outage, disease, fire, flood, explosion, earthquake or other natural events.
13. NO WAIVERS
No waiver by HPSteelco of any term or condition set out in these Terms of Sale shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of HPSteelco to assert a right or provision under these Terms of Sale shall not constitute a waiver of such right or provision.
14. ASSIGNMENT
You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this section is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.
17. ENTIRE AGREEMENT
These Terms of Sale, our Privacy Policy, and our Terms of Use and Service constitute the sole and entire agreement between you and HPSteelco and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the use of the Website.
18. SEVERABILITY
If any provision of these Terms of Sale is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms of Sale.
19. APPLICABLE LAW
The Terms of Sale and any and all disputes that may arise in connection with your purchase from this Website shall be governed by and construed in accordance with the laws of the Province of Alberta, and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule.
20. CUSTOMER CARE SERVICES
For any information or complaint, please contact the HPSteelco Customer Service:
Customer Service