Terms of service

General Terms and Conditions

The Dealer (herein referred to as “Customer”) using Firealarms.com (herein referred to as “Website”) to purchase any product offered for sale (herein referred to as “Goods”) from Lean Logistics Management, (“Seller”) is expressly conditioned on Customer's assent to the following General Terms and Conditions. These terms and conditions apply to the purchase of Goods using this Website and for this purpose, Customer agrees to be bound by these terms and conditions. If Customer does not understand or accept these terms and conditions then Customer must refrain from using this Website.

Sales and payment terms

Payment must be effected by credit card using the ordering facility on this Website, unless mutually agreed otherwise in writing by Seller. All applicable taxes imposed, charged or levied in Canada in connection with the supply of the goods will be added at time of order/check-out. MINIMUM Net Order value is $150.00 Canadian.

Delivery, title, and risk of loss

All shipments of Goods will be FOB shipping point. Delivery and shipment are estimated dates only, and unless otherwise specified are figured from date of receipt of complete technical data and approved drawings as such may be necessary. Seller will ship via its preferred carrier. Seller reserves the right to make partial shipments unless specifically stated otherwise in writing at time of order. Freight charges less than a net order value of $1500 will be paid by Customer and included in the final sale price provided for on checkout. Freight charges will be prepaid by Seller and allowed on shipments with a total Customer net value of $1500.00 or more to any single freight depot in Canada. Customer must promptly file claims for damaged items with the freight carrier. Seller will determine the point of shipment and Goods may be shipped from multiple locations.

Force Majeure

Seller shall not be liable, directly or indirectly, for non-delivery, or any other failure to comply with our obligations under these terms and conditions if same is due to labour difficulties, inability to secure transportation, shortages, lockouts, strikes or stoppages of any sort, fires, floods, accidents (in manufacture or otherwise), failure or delay in obtaining materials or manufacturing facilities, acts of government, weather, embargoes, civil unrest, terrorism, war, invasion, riots, acts (or omissions) of Customer or Customer’s suppliers or agents including (but not limited to) Customer’s failure to promptly supply all necessary documentation or acts of God or any other cause beyond our reasonable control, and, when such delays arise, all of our obligations and estimated dates shall be extended for a period equal to the time lost by reason of delay, plus such additional time as may be reasonably necessary to overcome the effect of the delay. Seller will be entitled to an equitable price and performance adjustment.

Cancellation and Return of Goods

Goods may be cancelled only with Seller’s written consent and upon payment of reasonable and proper cancellation charges. Goods may be returned only when specifically authorized by Seller in writing. Customer may be required to pay reasonable charges including cost of placing returned Goods in saleable condition, sales expenses further incurred, a restocking charge and transportation costs (incoming and outgoing) which Seller pays.

Governing law

This Agreement shall be governed by the laws of Ontario. Customer agrees to submit to the exclusive jurisdiction of the courts of that jurisdiction.

Warranty

Seller warrants to Customer that (i) the Goods will be shipped free from defects in material, workmanship and title ALL GOODS (including incidental materials and consumables used in the software) will carry only the warranty of their original manufacturer or Software provider. Unless otherwise stated in the manufacturer’ warranty, the warranty period for Goods is one year from date of purchase. If Goods do not meet the above warranties, Customer will promptly notify Seller in writing within the warranty period. Seller will thereupon (i) at Seller’s option, repair or replace the defective Goods. Where a failure cannot be corrected by Seller’s reasonable efforts, the parties will negotiate an equitable adjustment in price. Any repair, replacement, modification of Goods by Seller hereunder will not extend the applicable warranty period. Customer will bear the costs of access (including removal and replacement of systems, structures or other parts of Customer’s facility), deinstallation, decontamination, reinstallation and transportation of Goods to Seller and back to Customer. These warranties and remedies are conditioned upon (a) the proper storage, installation, operation, and maintenance of the Goods and conformance with the proper operation instruction manuals provided by Seller or its suppliers (b) Customer keeping proper records of operation and maintenance during the warranty period and providing Seller access to those records, and (c) modification or repair of the Goods only as authorized by Seller in writing. Seller does not warrant the Goods or any repaired or replacement parts against normal wear and tear or damage caused by misuse, accident, or use against the advice of Seller. Any modification or repair of any of the Goods not authorized by Seller including any third party repair or attempted repair will render the warranty null and void. This clause provides the exclusive remedies for all claims based on breach or a failure of or defect in Goods, whether the breach, failure or defect arises before or during the applicable warranty period and whether a claim, however described, is based on contract, warranty, indemnity, tort/extracontractual liability (including negligence), strict liability or otherwise. THE WARRANTIES PROVIDED IN THIS CLAUSE ARE EXCLUSIVE AND IN LIEU OF, AND SELLER EXPRESSLY EXCLUDES ANY AND ALL OTHER WARRANTIES, GUARANTEES, OBLIGATIONS, LIABILITIES, REPRESENTATIONS (INNOCENT OR NEGLIGENT) OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, SUITABILITY, QUALITY OR CONDITION OR ANY CONDITION OR WARRANTY ARISING BY STATUTE OR OTHERWISE IN LAW OR IN EQUITY OR FROM A COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

Seller is not an insurer, and payments for Seller’s Goods are based solely on the value of the Goods provided and are unrelated to the value of the Customer’s or Customer’s clients or third party’s premises, its contents or occupants. SELLER SHALL NOT BE LIABLE TO CUSTOMER OR ANY PERSON WHETHER IN CONTRACT, TORT, EQUITY OR OTHERWISE, OR UNDER ANY STATUTE OR REGULATION, FOR ANY COST OR EXPENSE, NOR FOR ANY CLAIMS ARISING OUT OF THE SUPPLY OR USE OF THE GOODS FURNISHED BY SELLER, NOR FOR ANY PENALTY, EXPENSE, LOSS OR DAMAGE OF ANY KIND OR NATURE WHATSOEVER  IN ANY MANNER RESULTING FROM ANY BREACH OR FAILURE IN PERFORMANCE BY SELLER HEREUNDER, WHETHER OR NOT FROM NEGLIGENCE, FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM OTHER THAN FOR CUSTOMER”S ACTUAL DIRECT DAMAGES WHICH IN NO EVENT SHALL EXCEED THE PRICE PAID TO SELLER FOR THE GOODS THAT ARE THE SUBJECT OF CUSTOMER”S CLAIM. IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL SELLER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL (INCLUDING LOSS OF PROFITS) OR OTHER SIMILAR DAMAGES, REGARDLESS OF THE LEGAL THEORY OF ANY CLAIM, EVEN IF ADVISED OF THE POSSIBILITY THEREOF. The foregoing limitation of liability is a condition of sale of the Goods at the price paid and shall apply notwithstanding any defect in or failure of, including total failure of any Goods. If Customer is supplying the Goods to a third party, Customer will require the third party to agree to be bound by this clause and will indemnify, defend and hold Seller harmless from and against any and all claims made by the third party in excess of the limitations and exclusions of this clause. Seller will not be liable for any advice or assistance that is not required under the Agreement.

Entire Agreement

This Agreement and provisions of the sale made in respect of the Goods represents the entire agreement between the parties for the purchase of the Goods. Notwithstanding any negotiations or discussions or any provision to the contrary in any other document, all terms and conditions in any document which modify, add to or are at variance with the provisions in this Agreement will be binding only if Seller expressly accepts them in writing.

Language

It has been agreed between the parties hereto that this Agreement and all related documents thereto be drawn in the English language.  Il a été convenu entre les parties aux présentes que ce Contrat ainsi que tous les documents y afférents soient rédigés en langue anglaise.

Miscellaneous

This Agreement cannot be waived, varied, modified or amended in any manner (including subsequent conduct between the parties) unless agreed upon in writing by both parties. Seller reserves the right to terminate this Agreement for Customer's failure to pay when due or Customer's insolvency. If any provision of this Agreement is found by a court of competent jurisdiction to be illegal, invalid or unenforceable, that provision shall be severed from this Agreement to the extent of its illegality, invalidity or unenforceability and the remaining provisions of this Agreement shall continue in full force and effect.

Changes to these terms and conditions

Seller reserves the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon posting on this Website. Customer’s continued use of the Website will represent an agreement by Customer to be bound by the terms and conditions as amended.