STANDARD TERMS AND CONDITIONS OF SALE
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS A DISPUTE RESOLUTION CLAUSE.
This Agreement contains the terms and conditions that apply to your purchase from Tap It Golf Inc., a Canadian Corporation ("TIGI", "our" or "we") that will be provided to you ("Customer"). By accepting delivery of the products described on the order, Customer agrees to be bound by and accepts these terms and conditions.
THESE TERMS AND CONDITIONS APPLY UNLESS THE CUSTOMER HAS SIGNED A SEPARATE PURCHASE AGREEMENT WITH TIGI, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN.
These terms and conditions are subject to change without prior written notice at any time, in TIGI's sole discretion.
SECTION 1 – OTHER DOCUMENTS
Other than as specifically provided in any separate formal purchase agreement between Customer and TIGI, these terms and conditions may NOT be altered or amended by the use of any other document(s). Any attempt to alter or amend this document or to enter an order for product(s) or services and support that are subject to altered terms and conditions will be null and void, unless otherwise agreed to in a written agreement signed by both Customer and TIGI.
SECTION 2 – GOVERNING LAW
THIS AGREEMENT AND ANY SALES THEREUNDER SHALL BE DEEMED TO HAVE BEEN MADE IN THE PROVINCE OF ALBERTA AND SHALL BE CONSTRUED AND INTERPRETED ACCORDING TO THE LAWS OF THE PROVINCE OF ALBERTA AND THE APPLICABLE LAWS OF CANADA. THE PARTIES HEREBY AGREE TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE PROVINCE OF ALBERTA.
SECTION 3 – PAYMENT TERMS; ORDERS; QUOTES; INTEREST
Terms of payment are within TIGI's sole discretion, and unless otherwise agreed to by TIGI, payment must be received by TIGI prior to TIGI's acceptance of an order. Payment for the products and services and support may be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to by TIGI. If credit terms have been agreed to by TIGI, invoices are due and payable within thirty (30) days after the date of the invoice. TIGI may invoice parts of an order separately. Orders are not binding upon TIGI until accepted by TIGI. Any quotations given by TIGI will be valid for the period stated on the quotation. Customer agrees to pay interest on all amounts past due at a rate of one and one half percent 1.5% per month (19.56% per year).
SECTION 4 - SHIPPING CHARGES; TAXES
Separate charges for shipping and handling will be shown on the invoice(s) if not included with the sale price as outlined on the website. All shipments to the USA and CANADA are DDP (duty and taxes will be paid by TIGI). For all shipments outside of the USA and CANADA shipping is FOB TIGI (duty and taxes will need to be paid by the Customer at time of delivery).
Unless Customer provides TIGI with a valid and correct tax exemption certificate applicable to the product ship-to location prior to TIGI's acceptance of the order, the Customer is responsible for goods and services tax, sales and all other taxes associated with the order, however designated, except taxes on TIGI's net income. If applicable, a separate charge for taxes will be shown on the invoice.
The customer understands that shipping times stated are estimates and are outside of the control of TIGI. From time to time TIGI may run out of stock of a particular product, the customer shall be informed of this delay as soon as is reasonably possible; if the customer has paid for expedited shipping then that customers order will be shipped first as soon as that particular products stock is replenished.
SECTION 5 - TITLE, RISK OF LOSS
Title to products passes from TIGI to Customer on shipment from TIGI's facility. Loss or damage that occurs during shipping is TIGI's responsibility. Ship dates are estimates only. TIGI is not liable for delays in shipment or failure to ship by the estimated ship date.
SECTION 6 - WARRANTIES
The standard warranty for all TIGI product is provided at the following URL:
SECTION 7 – RETURN POLICIES
TIGI's Return Policy is available upon request and is generally based on a case by case basis.
SECTION 8 – EXCHANGES
From time to time, TIGI may, in its sole discretion, exchange products or portions of a product. Any exchanges will be made in accordance with TIGI's exchange policies in effect on the date of the exchange.
SECTION 9 – PRODUCTS
TIGI continually upgrades and revises its products and service offerings to provide TIGI customers with new choices. TIGI may revise and discontinue products at any time without prior notice to customers. TIGI will ship products that have the functionality and performance of the products ordered, but changes between what is shipped and what is described in a specification sheet or catalogue are possible. The parts and assemblies used in building TIGI products are selected from new and equivalent-to-new parts and assemblies in accordance with industry practices. Spare parts may be new or reconditioned. The quoted TIGI SKU numbers for TIGI-branded products are of the quantity specified by TIGI and conform in all material respects with the TIGI product specifications current on the date such products were shipped.
SECTION 10 – LIMITATION OF LIABILITY
TIGI (INCLUDING TIGI'S PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS) DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH HEREIN, INCLUDING ANY LIABILITY FOR PRODUCTS NOT BEING AVAILABLE FOR USE. TIGI WILL NOT HAVE ANY LIABILITY FOR ANY DAMAGES ARISING FROM THE USE OF THE PRODUCTS IN ANY HIGH RISK ACTIVITY, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, MEDICAL SYSTEMS, LIFE SUPPORT OR WEAPONS SYSTEMS. TIGI WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS, OR OTHER INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, TIGI IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE OF PRODUCTS AND/OR SERVICES UNDER THIS AGREEMENT.
THE FOREGOING LIMITATIONS APPLY REGARDLESS OF THE CAUSE OR CIRCUMSTANCES GIVING RISE TO SUCH LOSS, DAMAGE OR LIABILITY, EVEN IF SUCH LOSS, DAMAGE OR LIABILITY IS BASED ON NEGLIGENCE OR OTHER TORTS OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR BREACH OF A FUNDAMENTAL TERM).
NEITHER TIGI NOR CUSTOMER MAY INSTITUTE ANY ACTION IN ANY FORM ARISING OUT OF THIS AGREEMENT MORE THAN THREE (3) MONTHS AFTER THE CAUSE OF ACTION HAS ARISEN, OR IN THE CASE OF NONPAYMENT, MORE THAN THREE (3) MONTHS FROM THE DATE OF LAST PAYMENT. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF LIMITATION OF (i) INCIDENTAL OR CONSEQUENTIAL DAMAGES OR (ii) IMPLIED WARRANTIES OR CONDITIONS, SO THE ABOVE EXCLUSIONS MAY NOT APPLY.
SECTION 11 – DISPUTE RESOLUTION
A) Acknowledgements. Customer acknowledges that TIGI possesses valuable confidential and proprietary information, including trade-marks and business practices, that would be damaging to TIGI if revealed in open court. The parties further acknowledge and agree that it is preferable to resolve all disputes between them confidentially, individually, and in an expeditious and inexpensive manner. The parties accordingly acknowledge and agree that private dispute resolution is preferable to court actions.
B) Good Faith Negotiation. Before commencing any arbitration in the manner set out in Subsection 11(c) below, the parties shall first attempt to resolve any dispute or differences between them by way of good faith negotiation. The good faith negotiation shall commence by each party communicating their position regarding the complaint, claim, dispute, or controversy to the other party, and how the parties should resolve the dispute. The parties shall then make good faith efforts to negotiate a resolution of the claim, dispute, or controversy. Neither party shall commence any arbitral proceedings unless and until the good faith negotiation fails.
C) Arbitration. ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST TIGI, its agents, employees, officers, directors, successors, assigns or affiliates (collectively for purposes of this paragraph, "TIGI") arising from or relating to this Agreement, its interpretation, or the breach, termination or validity thereof, the relationships between the parties, whether pre-existing, present or future, (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), TIGI's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM ("NAF") under its Code of Procedure and any specific procedures for the resolution of small claims and/or consumer disputes then in effect (available via the Internet at http://www.arb-forum.com, or via telephone at 1-800-474-2371). The arbitration will be limited solely to the dispute or controversy between Customer and TIGI. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction. Information may be obtained and claims may be filed with the NAF at P.O. Box 50191, Minneapolis, MN 55405, or by e-mail at email@example.com, or by online filing at http://www.arb-forum.com.
D) Injunctive Relief and Provisional Relief in Aid of Arbitration. Notwithstanding the provisions in this Section 11 or anywhere else in this Agreement, TIGI shall have the right to seek and obtain any provisional or interim relief from any court of competent jurisdiction to protect its trade-mark or property rights or to preserve the status quo pending good faith negotiation and/or arbitration.
SECTION 12 - APPLICABLE LAW; NOT FOR RESALE
Customer agrees to comply with all applicable laws and regulations of the Province of Alberta in Canada. Customer agrees and represents that it is buying for its own internal use only, and not for resale. TIGI has separate terms and conditions governing resales.
SECTION 13 - EXPORTS
Customer acknowledges that the Products licensed or sold hereunder are subject to, and Customer agrees to comply with the export control laws and regulations of Canada and the United States.
SECTION 14 – SERVICE AND SUPPORT
TIGI will provide general service and technical support to Customer in accordance with the then-current service and technical support policies and conditions in effect. For end-user Customers, TIGI promises that its support people will attempt to handle over the telephone any problem involving TIGI-branded products. However, TIGI's support people may not be able to understand or resolve any given problem. Service offerings may vary from product to product. TIGI has no obligation to provide service or support until TIGI has received full payment for the product.
SECTION 15 – HEADINGS.
The section headings used herein are for convenience of reference only and do not form a part of these terms and conditions, and no construction or inference shall be derived therefrom.
SECTION 16 - FORCE MAJEURE
TIGI shall not be liable for any delay or failure in performance caused by circumstances beyond its reasonable control.
Revision 1.0 / Effective 2020-05-18