Terms and Conditions

E.S. Pittman Ltd. – Terms and Conditions

E.S. Pittman Ltd or its affiliates or subsidiaries (hereinafter collectively referred to as “E.S. Pittman Ltd”) and the individual or entity (hereinafter referred to as “Purchaser”) purchasing any goods or products (hereinafter referred to as “Products”) using this web site or any other web sites owned, operated or published by E.S. Pittman Ltd (hereinafter referred to as the “Web Sites”), hereby agree that all sales made by E.S. Pittman Ltd to Purchaser shall be made on the express condition that Purchaser assents to the terms and conditions set forth below. In addition, any individual or entity using the Web Sites (hereinafter referred to as “Web Site User”) assents to the terms and conditions set forth below.

TERMS OF SALE

Except as otherwise provided herein, Purchaser’s placement of an order for Products or Web Site User’s use of the Web Site, including use of the Web Site’s referral service, confirms its agreement with each of the terms of E.S. Pittman Ltd Terms of Use, its Online Privacy Policy, and these Terms and Conditions of Sale. These Terms and Conditions of Sale apply to Products ordered through the Web Sites or use of services provided on the Web Sites unless Purchaser has signed a separate agreement with E.S. Pittman Ltd governing Purchaser’s purchase of Products, in which case, the terms of any such signed agreement shall govern. Purchaser agrees that no order shall be deemed to have been accepted unless and until it is verified and accepted by E.S. Pittman Ltd, which may be by means of shipment of Products. E.S. Pittman Ltd reserves the right to reject orders at its discretion. Subject to applicable law, E.S. Pittman Ltd reserves the right to ship ordered items at different times in the event that such items are not available at the same time.

E.S. Pittman Ltd may revise these terms and conditions at any time in its discretion. E.S. Pittman Ltd may revise or discontinue products available on this site at any time without prior notice.

SHIPPING CHARGES; SALES TAX

All orders placed online by purchasers located within the Continental North America are shipped at additional charge by UPS depending on type of service selected by Purchaser as displayed on the web site. No orders will be processed or accepted until payment in full is received. Purchaser’s invoice will include complete product pricing, all applicable handling costs, shipping charges and any applicable sales tax.

PAYMENT TERMS

Payments for orders placed online are processed through a major credit card such as Visa, Master Card, and Paypal.

DELIVERY POLICY

All in stock products will be shipped within two (2) business days. Customers will be advised of an estimated ship date on any back-ordered product within three (4) to four (5) business days. E.S. Pittman Ltd is not obligated to make delivery by any specified date, but will always use its best efforts to make delivery within the time requested by Purchaser. Deliveries shall be made F.O.B. E.S. Pittman Ltd Mississauga, Canada facility unless specifically agreed otherwise in writing.

RETURN POLICY

Upon providing proof of purchase, E.S. Pittman Ltd will accept the return of Products by pre paid freight. All returns on products must be made within 30 days from the time the product is delivered to you. Only unused products complete with all tools, attachments and accessories in their original factory packaging are returnable. Upon inspection of the returned goods by E.S. Pittman Ltd, at its sole discretion, any undue wear and tear on the product will be chargeable to the Purchaser.

WARRANTY DISCLAIMER

E.S. PITTMAN LTD ONLY FIRST QUALITY MERCHANDISE. ANY PRODUCTS THAT ARE DAMAGED OR OTHERWISE DEFECTIVE AS DESCRIBED BY THE MANUFACTURER’S WARRANTY LOCATED INSIDE THE PACKAGE OF ALL PRODUCTS AT THE TIME OF DELIVERY WILL BE REPLACED AT NO CHARGE TO THE PURCHASER. E.S. PITTMAN LTD MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED. E.S. PITTMAN LTD HEREBY EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT REGARDING ANY PRODUCTS. The exclusive remedy of Purchaser against E.S. Pittman Ltd for breach of warranty shall be repair or replacement of the Products or repayment of the purchase price, at the option of E.S. Pittman Ltd.

LIMITATION OF LIABILITY E.S. PITTMAN LTD HEREBY EXPRESSLY DISCLAIMS ANY LIABILITY FOR PRODUCT DEFECT CLAIMS THAT ARE DUE TO PRODUCT MISUSE, IMPROPER MAINTENANCE, OR MISAPPLICATION. E.S. PITTMAN LTD SHALL NOT BE LIABLE FOR AND PURCHASER EXPRESSLY WAIVES ANY RIGHTS TO CONSEQUENTIAL, INCIDENTAL AND/OR SPECIAL DAMAGES REGARDING THE SALE OR USE OF ANY PRODUCTS UNDER ANY AND EVERY CIRCUMSTANCE, EVEN IF THE POTENTIAL FOR SUCH DAMAGES HAS BEEN DISCLOSED TO E.S. PITTMAN LTD. E.S. PITTMAN LTD LIABILITY FOR PRODUCT DEFECT CLAIMS SHALL NOT EXCEED THE PURCHASE PRICE PAID FOR THE PRODUCT. All items claimed to be defective within the warranty period must be shipped to E.S. Pittman Ltd Mississauga facility at the expense of Purchaser. If any Products are, in fact, defective, such items will be repaired or replaced or refunded. E.S. Pittman Ltd’s acceptance of any Products shipped to E.S. Pittman Ltd shall not be deemed an admission that the Products so shipped are defective, and if E.S. Pittman Ltd finds that any items returned are not defective, such Products will be reshipped to Purchaser at Purchaser’s expense. E.S. PITTMAN LTD SHALL NOT BE LIABLE FOR ANY DELAY IN OR IMPAIRMENT OF PERFORMANCE RESULTING IN WHOLE OR IN PART FROM ANY ACTS OF GOD, SEVERE WEATHER CONDITIONS, LABOR DISRUPTIONS, GOVERNMENTAL DECREES OR CONTROLS, INSURRECTIONS, WAR RISKS, SHORTAGES, INABILITY TO PROCURE OR SHIP A PRODUCT OR OBTAIN ANY NECESSARY GOVERNMENT PERMITS, LICENSES, SUPPLIES OR RAW MATERIALS, OR ANY OTHER CIRCUMSTANCES OR CAUSES BEYOND THE CONTROL OF E.S. PITTMAN LTD IN THE CONDUCT OF ITS BUSINESS.

INDEMNIFICATION

PURCHASER SHALL INDEMNIFY AND HOLD E.S. PITTMAN LTD HARMLESS AGAINST ALL LOSS OR DAMAGE SUFFERED BY PURCHASER (OTHER THAN THE COST OF REPLACEMENT OR REPAIR AS PROVIDED ABOVE AND OTHER THAN DAMAGES SUFFERED BY PURCHASER SOLELY AS A RESULT OF THE NEGLIGENCE OF E.S. PITTMAN LTD OR ITS EMPLOYEES OR AGENTS) RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THE TESTING, USE, OPERATION, REPLACEMENT, OR REPAIR OF ANY OF THE PRODUCTS.

INSTALLER REFERRAL SERVICE

THE PURCHASER/WEB SITE USER ACKNOWLEDGES AND AGREES THAT THE SERVICES OF ANY INSTALLATION OR SERVICE PROVIDER BEING REFERRED TO THE PURCHASER/WEB SITE USER IS DONE SO WITHOUT ANY WARRANTY WHATSOEVER FROM SYDNEY R STONE. THE PURCHASER/WEB SITE USER IS BY USE OF THE REFERRAL SERVICE DOING SO WITH THE UNDERSTANDING THAT E.S. PITTMAN LTD EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, AND AGREES TO HOLD E.S. PITTMAN LTD HARMLESS FROM ANY LIABILITY OF ANY TYPE ARISING OUT OF THE USE OF THE REFERRAL SERVICE.

PRODUCT INFORMATION

E.S. Pittman Ltd abilities to keep product information accurate and up-to-date is limited by the ability and willingness of manufacturers and other industry sources to provide product information. E.S. PITTMAN LTD MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE ACCURACY OF ANY DATA REGARDING PRODUCTS OFFERED FOR SALE ON THIS WEB SITE OR ANY REFERRAL SERVICES.

CANCELLATION

All online orders are transmitted electronically and therefore cannot be changed or canceled unless E.S. Pittman Ltd is informed prior to goods being shipped. If goods have been shipped the Purchaser will be liable for all shipping charges incurred and return shipping charges.

ASSIGNMENT

Purchaser shall not assign any order for a Product, or any interest therein, without the prior written consent of E.S. Pittman Ltd. Any actual or attempted assignment without E.S. Pittman’s prior written consent shall entitle E.S. Pittman Ltd to cancel such order without liability.

PURCHASER’S REPRESENTATIONS AND WARRANTIES

Purchaser represents and warrants that: (a) Purchaser is at least 18 years of age; (b) Purchaser possesses the legal right and ability to enter into this Agreement and make the credit card charge on their own behalf or on behalf of any person for whom the Purchaser is acting as an agent; and (c) all information submitted by the Purchaser to E.S. Pittman Ltd is true, accurate and current. Purchaser further agrees to abide by all applicable laws and regulations.

TRADEMARKS AND COPYRIGHTS

Purchaser/Web Site User acknowledges that it has no right, title or interest in the trademarks, copyrights or other intellectual property rights of E.S. Pittman Ltd, and Purchaser/Web Site User covenants that it will take no action to register or otherwise interfere with any such rights.

COMPLETE AGREEMENT

These Terms and Conditions of Sale, when combined with E.S. Pittman Ltd invoices, Online Privacy Policy and Terms of Use of the Web Sites and any contract or agreement between Purchaser and E.S. Pittman Ltd regarding Products represent the entire agreement between the parties with respect to the subject matter thereof. Language contained in any digital or written instrument from Purchaser to E.S. Pittman Ltd serving to modify the terms of any of the foregoing shall have no effect except for any contract or agreement between Purchaser and E.S. Pittman Ltd regarding any Products.

SEVERABILITY

If any provision of these Terms and Conditions of Sale shall be deemed illegal or unenforceable, such illegality or unenforceability shall not affect the validity and enforceability of any other provisions hereof, which together shall be construed as if such illegal and unenforceable provision or provisions had not been included herein.

GOVERNING LAW; LIMITATIONS

Any issue or dispute arising out of or in connection with this Agreement shall be governed by the laws of Canada and the Province of Ontario. Any such issue or dispute shall be brought exclusively in the Federal or Provincial courts located in Toronto, Ontario. Any legal action with respect to any transaction must be commenced within one year after the cause of action has arisen. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.

DISPUTE RESOLUTION

Actions against Purchaser/Web Site User for nonpayment of the purchase price of Products sold by E.S. Pittman Ltd, or for redress of other breaches by Purchaser/Web Site User of these Terms and Conditions of Sale may be brought by E.S. Pittman Ltd, at its option, before any Federal or Provincial Court of competent jurisdiction in Toronto, Ontario. At E.S. Pittman Ltd option, disputes between Purchaser/Web Site User and E.S. Pittman Ltd, including all claims for non-performance by E.S. Pittman Ltd, may be finally settled by arbitration in Toronto, Ontario. Any dispute between the parties arising under this Agreement which is submitted to arbitration shall be governed by the then-existing rules and regulations of the Canadian Arbitration Association. The parties shall be bound by the award of the arbitrators and judgment upon any award of the arbitrators may be entered in any court having jurisdiction.