Customer Terms & Conditions Service
- About These Terms & Conditions
- These Terms and Conditions constitute a binding contract between Customer and Seller and are referred to herein as either "Terms and Conditions" or this "Agreement". Customer accepts these Terms and Conditions by making a purchase from or placing an order with Seller or shopping on any Seller website or mobile application (each, a "Site") or otherwise requesting products (the “Products”) or engaging Seller to perform or procure any Services (as this and all capitalized terms are defined herein). These Terms and Conditions are subject to change without prior notice, except that the Terms and Conditions posted on a Site at the time Customer places an order or signs a Statement of Work will govern the order in question, unless otherwise agreed in writing by Seller and Customer.
Customer consents to receiving electronic records, which may be provided via a Web browser or e-mail application connected to the Internet; individual consumers may withdraw consent to receiving electronic records or have the record provided in non-electronic form by contacting Seller. In addition, Internet connectivity requires access services from an Internet access provider. Contact your local access provider for details. Electronic signatures (or copies of signatures sent via electronic means) are the equivalent of written and signed documents.
Customer may issue a purchase order for administrative purposes only. Additional or different terms and conditions contained in any such purchase order will be null and void. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of these Terms and Conditions or any purchase order or invoice, or any document in electronic or written form that is signed and delivered by each of the parties for the performance of Services other than Third Party Services (each, a “Statement of Work”). This Agreement contains the entire understanding of the parties with respect to the matters contained herein and supersedes and replaces in its entirety any and all prior communications and contemporaneous agreements and understandings, whether oral, written, electronic or implied, if any, between the parties with respect to the subject matter hereof.
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- Governing Law
- THESE TERMS AND CONDITIONS, ANY STATEMENTS OF WORK, THE SERVICES HEREUNDER AND ANY SALE OF PRODUCTS HEREUNDER WILL BE GOVERNED BY THE LAWS OF THE PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. ANY ARBITRATION, ENFORCEMENT OF AN ARBITRATION OR LITIGATION WILL BE BROUGHT EXCLUSIVELY IN NIAGARA FALLS, ONTARIO AND CUSTOMER CONSENTS TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF ONTARIO WITH RESPECT TO ANY SUBJECT MATTER ARISING HEREUNDER OR RELATING THERETO AND WAIVES THE RIGHT TO CHANGE VENUE. THE PARTIES HEREBY EXPRESSLY EXCLUDE THE APPLICATION OF THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND ANY LOCAL IMPLEMENTING LEGISLATION RELATED THERETO.
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- Privacy & Security
- RMC International values your privacy. Your personal information is for use by our staff only. This information is kept on a secure server to protect it from outside parties, and is information used for the limited purpose of processing your order(s). Information may also be used for statistical purposes, to improve our web site and services to you, to administer our site, and to notify you of products or special offers that may be of interest to you. Your personal information will not be sold.
Your online transactions are fully encrypted and secured with 128-bit encryption technology.
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- Ordering
- Customer's emailed receipt of an order confirmation does not signify Seller's acceptance of the order, nor does it constitute confirmation of Seller's offer to sell. Item availability and prices are subject to change at any time, without notice. Seller reserves the right to limit quantities, and to decline the acceptance of any order for any reason. Seller reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity ordered of any item. Seller may require additional information and/or verification before accepting and processing any order to prevent credit card fraud.
Orders are not processed or shipped on weekends and/or holidays.
An order may be canceled only if that item is backordered and not available to ship. Any order submitted through this website, if in stock, will ship immediately and cannot be canceled. Seller reserves the right to cancel an order or to issue a Return Merchandise Authorization (RMA) for merchandise that is advertised in error, that does not conform to advertised specifications, or was shipped in error. Charge backs from credit card issuing banks are subject to the above policies.
Seller takes no responsibility of a product being out-of-stock when advertised as in stock. Seller will accept orders for out-of-stock items. If the Customer order item is not in stock, it will be placed on backorder and shipped to the Customer when it becomes available. On orders with backordered items, the total shipping charges are included with the first shipment. Shipping charges are non-refundable. A backorder may be canceled at ANY time prior to shipping.
In the event a product is listed at an incorrect price due to typographical error or error in pricing information received from our suppliers, Seller shall have the right to refuse or cancel any orders placed for products listed at the incorrect price without prior notification. Seller shall have 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 the order is canceled, Seller shall immediately issue a credit to the credit card account in the amount of the incorrect price.
Seller makes every effort to bring the lowest prices possible to our clients however, due to conditions beyond our control, prices are subject to increase even after your order has been placed. If a price increase should occur during the processing of an order, the Customer will be notified of the same and have the right to cancel your order at no charge to yourself. We apologize for any inconvenience.
Product pages contain information obtained from manufacturers and others that industry sources believe are reliable. Seller makes no representations or warranties with respect to the performance of the products and the accuracy of the information, and any and all warranties, whether oral or written, express or implied, are expressly disclaimed by the Seller, including, but not limited to, warranties of merchantability and fitness for a particular purpose and liability arising from errors and/or omissions in the information. It is your sole responsibility to evaluate the accuracy of, completeness, and usefulness of the information.
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- Payment, Pricing & Promotions
- All prices are in US Dollars (USD) unless explicitly stated otherwise. Seller will only accept Visa, Mastercard, or PayPal payment terms. There is no surcharge for using a credit card to make a purchase. Please be sure to provide the exact billing address and telephone number as recorded with your credit card issuing bank. We will ship to an alternate address only if the address is on file with your credit card issuing bank. Incorrect information may cause a delay in the processing of your order. Your credit card will be charged as each item is shipped. Orders are not binding upon Seller until accepted by Seller. Customer agrees to pay the total purchase price for the Products plus shipping (to the extent shipping is not prepaid by Customer), including shipping charges that are billed to Seller as a result of using Customer's carrier account number. Terms of payment are within Seller's sole discretion. In connection with Services being performed pursuant to a Statement of Work, Customer will pay for the Services in the amounts and in accordance with any payment schedule set forth in the applicable Statement of Work. If no payment schedule is provided, Customer will pay for the Services as invoiced by Seller. Invoices are due and payable within the time period specified on the invoice, measured from the date of invoice, subject to continuing credit approval by Seller. Seller may invoice Customer separately for partial shipments, and Seller may invoice Customer for all of the Services described in a Statement of Work or any portion thereof. Customer agrees to pay interest on all past-due sums at the lower of one and one-half percent (1.5%) per month, calculated daily, compounded monthly (19.56% per annum) or the highest rate allowed by law. Customer will pay for, and will indemnify and hold Seller and its Affiliates harmless from, any applicable sales, use, goods and services, transaction, excise or similar taxes and any federal, provincial, local fees or charges (including, but not limited to, environmental or similar fees), imposed on, in respect of or otherwise associated with any Statement of Work, the Products or the Services. Customer must claim any exemption from such taxes, fees or charges at the time of purchase and provide Seller with the necessary supporting documentation. In the event of a payment default, Customer will be responsible for all of Seller’s costs of collection, including, but not limited to, court costs, filing fees and lawyers' fees. In addition, if payments are not received as described above, Seller reserves the right to suspend Services until payment is received. All references to money amounts are to lawful currency of the United States of America. Customer hereby grants to Seller a security interest in the Products to secure payment in full. Customer authorizes Seller to file a financing statement reflecting such security interest.
Seller reserves the right to make adjustments to pricing, Products and Service offerings for reasons including, but not limited to, changing market conditions, Product discontinuation, Product unavailability, manufacturer price changes, supplier price changes and errors in advertisements. All orders are subject to Product availability and the availability of Personnel to perform the Services. Therefore, Seller cannot guarantee that it will be able to fulfill Customer’s orders. If Services are being performed on a time and materials basis, any estimates provided by Seller are for planning purposes only.
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- Shipping & Delivery
- Shipping charges are calculated based on weight and destination, and include a $7 handling fee. All shipping is by Fedex, UPS or Purolator. Shipping charges are non-refundable.
For shipments over and above the standard weight/dimensions or in remote areas are subject to additional pricing. If additional shipping charges should apply a representative will contact you to outline those charges. Both the Customer and Seller has the right to cancel the order if not in agreement with additional shipping charges.
If Customer provides Seller with Customer’s carrier account number or selects a carrier other than a carrier that regularly ships for Seller, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the carrier (F.O.B. Origin, freight collect). For all other shipments, title to Products and risk of loss or damage during shipment pass from Seller to Customer upon delivery to the specified destination (F.O.B. Destination, freight prepaid and added). Notwithstanding the foregoing, title to software will remain with the applicable licensor(s), and Customer's rights therein are contained in the license agreement between such licensor(s) and Customer.
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- Returns & Replacements
- There are NO returns for opened non-defective product. This follows all manufacturer policies and therefore no exceptions can be made. Before returning any defective item, it is necessary to contact the Seller's Customer Service Department for return instructions. No returns of any type will be accepted without a Return Merchandise Authorization (RMA) number. We accept no responsibility for products returned without an RMA number.
For a product that is determined to be defective within 15 days from date of purchase, Return instructions and replacement product will be issued by us. After 15 days from purchase date all product is covered by the manufacturers warranty policy. We reserve the right to instruct the client to obtain a case number from the manufacturer that verifies the item is in fact defective. Defective software may be returned for replacement only. Defective software cannot be returned for credit.
All non-defective, unopened returns, are subject to a 20%, $ 40.00 minimum, restocking fee, whichever is greater. Shipping costs are extra, and are the responsibility of the client. Credits to charge cards may take up to 10 business days to be processed after receipt of the returned product. A credit will not begin processing until we have received the returned product. Items found to be non defective will be returned to the client at their expense.
In some instances the manufacturer may request that the return/replacement/ repair is to be taken care of by them directly, at which time we will provide that instruction. In some cases, to help facilitate a return, the manufacturer may instruct the client to contact them to obtain a case number that confirms the item is defective.
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- Disclaimer
- Seller makes no representations or warranties, either express or implied, of any sort with respect to the this web site's, materials, their operation, information, or contents. Seller disclaims all warranties, express or implied, of any sort with respect to the sites or their use, including but not limited to merchantability and aptness for a particular purpose. You, the Customer, agree that the Seller, its directors, officers, employees and/or representatives, shall not be liable for damages arising from the operation, content, or use of this web site or the products sold therein. You agree that this limitation of liability is comprehensive and applies to all damages of any sort, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.
All trademarks or service marks are property of their respective owners.
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