Terms Of Sale
OTI Lumionics Inc.
This is a legal agreement between you (meaning you as an individual if you are acting on your own behalf, or the company that you represent if you are acting on behalf of such company) and OTI Lumionics Inc. (“OTI”). By placing an order or making a purchase of a product ("Aerelight") from the Aerelight website (the "Site"), you agree to these terms of sale ("Terms") set out below. These Terms may be updated by OTI from time to time, and it is your responsibility to review these Terms each time you make a purchase from the Site.
BY CLICKING ON THE BUTTON TO SUBMIT AN ORDER, YOU ARE CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH BELOW, DO NOT CLICK THE BUTTON TO SUBMIT AN ORDER.
- These Terms shall apply to all orders for Aerelight placed by you through the Site, or as otherwise referenced in a written agreement between you and OTI. You acknowledge that the information contained on the Site may contain technical inaccuracies or typographical errors. The Site, all content available on the Site, and all related communications are provided on an "AS IS" basis. We make no representations or warranties as to the completeness, accuracy, adequacy or reliability of any information contained on the Site.
- To place an order, you must:
- provide up-to-date, complete and accurate registration information as requested by us on the Site, which may include your first and last name, institution name, mailing address, phone number and email address;
- provide up-to-date, complete and accurate credit card information for a credit card that is valid and legally registered to you; and
- be at all times in compliance with the terms and conditions of these Terms and applicable law, including the requirement to be 18 years of age or older.
- You specifically agree that OTI may rely on the accuracy of the information provided by you to OTI, and that OTI will have no liability whatsoever, whether to you or to any third party, for any claims or damages resulting from inaccurate information provided to OTI.
- All Aerelights available through the Site are intended for end-user customers only. You may not purchase Aerelight for resale, and we reserve the right to refuse or cancel your order, or to deny you any return rights, if we suspect you are doing so.
- Except as expressly set forth in these Terms, you shall not be entitled to change or cancel any order that has previously been accepted by OTI without the prior written agreement of OTI.
- DELIVERY AND SHIPPING
- All orders are subject to acceptance by OTI, and any rejection of an order shall be made in OTI’s sole discretion, regardless of whether the order was confirmed through the Site. If you have been charged for an order that is subsequently rejected by OTI, OTI will refund the amount of that order to your credit card.
- OTI will make reasonable efforts to accommodate your delivery requirements; however, delivery is subject to availability of resources at the time of order placement. OTI shall therefore not be liable in any way for any delay or damage arising from OTI’s failure to meet your delivery requirements or any delivery dates.
- All shipments shall be made FCA OTI’s facilities (Incoterms 2000). Risk of loss for products shall pass to you upon delivery to the carrier, and you are responsible for pursuing the carrier for any loss occurring in transit.
- You are responsible for examining all shipments promptly upon receipt. If you discover any shortages or incorrect products in the shipment, you must notify OTI immediately.
- PRICING AND PAYMENT
- All prices are in US dollars unless otherwise expressly stated in writing. Where you are making payment in a currency other than US dollars, the currency exchange rate that applies is the one in effect at the time your payment is processed, not the one that was in effect on the date that you placed your order. Aerelight reserves the right to change its standard prices without notice.
- Prices are exclusive of, and you will pay: (a) all applicable federal, state, provincial and local taxes (including all applicable sales, use, consumption, goods and service, value added, and withholding taxes), unless you have provided OTI with an appropriate tax exemption certificate or number, and (b) all fees and charges related to customs, duties and brokerage. OTI may charge sales tax for sales of Aerelight through the Site. Any sales tax charged will be indicated during the checkout process.
- As you are the importer of record in the destination country, you are responsible for all taxes, fees and charges in relation to importation, customs, duties and brokerage (collectively, “Import Fees”). You are also solely responsible for ensuring that Aerelight can be lawfully imported, and for complying with all laws and regulations of the destination country related to importation, shipping and use of the Aerelight.
- Where your credit card is rejected for any reason, you will be responsible for any fees and charges associated with such rejection. OTI may, in its sole discretion, delay shipment of, or cancel, your Aerelight order where your credit card is rejected.
- An Aerelight purchased through the Site may be returned to OTI for a refund and applicable taxes, excluding shipping costs, within thirty (30) days of delivery. In order to be eligible for refund, a returned Aerelight must not be damaged by misuse, abuse, or disassembly, and must package the aerelight in the original, unmarked packaging including, accessories, manuals, and documentation. Shipping of all returns is your responsibility and at your sole expense. Please contact the aerelight support team to obtain a Return Material Authorization (RMA) number, shipping address, and instructions. Returns without an RMA number will not be accepted. You acknowledge that this 30 day return policy is considered in satisfaction of applicable statutory "withdrawal rights" or "cooling off periods", and you waive all such statutory rights.
- These Terms constitute the entire agreement between the parties and supersede all previous agreements relating to the purchase of Aerelight from this Site. These Terms may not be altered, amended, or modified except by a written instrument signed by the duly authorized representatives of both parties.
- If any one or more of the provisions of these Terms is for any reason held to be invalid, illegal, or unenforceable in any respect, any such provision shall be severable from these Terms.
- No waiver by either party of a breach or omission by the other party under these Terms shall be binding on the waiving party unless it is expressly made in writing and signed by the waiving party.
- These Terms, shall be governed by, and construed in accordance with, the laws of the Province of Ontario.
- It is the express will of the parties that these Terms and all related documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais.
- If you have any questions or inquiries regarding these Terms or any order or purchase, please contact the support team at support. Please note that e-mail communications will not necessarily be secure, so please do not include credit card information or other sensitive information in your e-mail correspondence with us.
- For contractual purposes, you consent to receive communications electronically from us and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights related to electronic communications. By agreeing to the terms of this Agreement, you are expressly providing your consent for OTI to send you publications, event invitations, news, product offerings, announcements and other communications about our products and services via e-mail.
Last updated February 26, 2015.