Terms and Conditions
TERMS AND CONDITIONS OF SALE
These General Terms and Conditions of Sale for Products ("Sales Terms") apply to the sale of products ("products") by Expanding Gate King (d/b/a EKG) (EKG) to customer ("you" or "Customer"). EGK offer to sell products to Customer, and EKG acknowledgment of any purchase order or other Customer document ("Order") is expressly limited to, and expressly conditioned on Customer’s acceptance of these Sales Terms. The applicability of terms contained in Customer’s Order is limited to the identification and the quantity of products ordered. Unless agreed to by Customer and EKG in a separate written contract, EKG objects to and rejects all other Customer terms, in any form, that are different from or additional to these Sales Terms.
Limitation of Liability
In no event shall EKG or any of its subsidiaries or affiliates be liable for any indirect, special, incidental, punitive or consequential damages including but not limited to loss of use, loss of data, loss of business or loss of profits to the extent permitted by law. In the event of any issue with a product that you have purchased through EKG, you agree that your sole remedy, if any, is from the manufacturer of such product, in accordance with such manufacturer’s warranty, or to seek a return and refund for such product in accordance with EKG return policy.
Force Majeure
EKG shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labour disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, pandemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability or delays in procuring or shipping product or obtaining permits and licenses, inability in procuring supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of EKG in the conduct of its business.
Prices; Typographical Errors
Prices are subject to change without notice. All prices in Canadian or US dollars. EKG is not responsible for typographical errors. In the event a product is listed at an incorrect or outdated price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or due to the passage of time or change in market conditions, EKG shall have the right to refuse or cancel any orders placed for product listed at the incorrect or outdated price. EKG 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 your order is cancelled, EKG shall promptly issue a credit to your credit card account in the amount of the charge.
Order Acceptance Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. EKG reserves the right at any time after receipt of your order and prior to shipment, without prior notice to you, to supply less than the quantity you ordered and/or change the estimated delivery date and/or decline or cancel your order.
Truck Shipment Terms
This order contains shipments that must ship via truck. The quoted shipping charges are for standard truck shipment to a dock designated to receive freight. Someone must be present to receive truck shipments. Shipments that require a call prior to delivery/24-hour notification, lift gate, inside delivery and/or residential delivery will incur additional charges. Any visible or concealed damage must be reported within 24 hours of delivery. Report all damages/shortages to sales@expandinggateking.com
Warranty Limitations
The only warranties applying to products sold are those, if any, specifically provided by the manufacturer to be honoured by the manufacturer. You acknowledge and agree that EGK is a distributor and not a manufacturer, and all applicable product specifications, representations and warranties are solely those of the manufacturer of the product sold. EGK makes no warranties, express or implied, and disclaims all other warranties, including without limitation implied warranties of merchantability, fitness for a particular purpose and conformity to models or samples. Some states do not allow limitations on implied warranties so these limitations may not apply to you. Manufacturers’ warranties for exported products may vary or may be null and void for products exported or transported outside Canada.
Payment Terms
Terms of payment are within EGK sole discretion, and unless otherwise agreed to by EGK, payment must be received by EKG prior to EGK acceptance of an order. Payment for the products will be made by credit card, wire transfer, or ACH unless credit terms have been agreed to by EKG. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. EGK may invoice parts of an order separately. Orders are not binding upon EGK until accepted by EGK. Any quotations given by EKG will be valid for the period stated on the quotation. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law.
Aircraft Products
EKG does not sell products intended to be used as Aircraft Products. EKG shall not be responsible to Customer or any third party, including any customer of Customer, or liable for any liability, damage, loss, injury, demand, claim or suit that directly or indirectly arises out of or allegedly arises out of use of or is attributable or due to the products we sell being used by Customers or third parties as Aircraft Products. “Aircraft Products” means (i) aircraft, missiles or spacecraft and any ground support or control equipment used in connection with aircraft, missiles or spacecraft; (ii) products installed in or used in connection with aircraft, missiles or spacecraft, including spare parts, ground handling tools and equipment; (iii) training aids, instructions, manuals, blueprints, engineering or other advice; and (iv) any services and labour related to any of the above. Customer warrants that it shall not use or install or offer for sale an item purchased from Global as an Aircraft Product. In addition, Customer shall not sell to any of its direct or indirect customers, any item purchased from EKG which its customer intends to use as an Aircraft Product and shall advise its customers in writing of such prohibition.
Shipping Charges/Taxes/Delivery
Separate charges for shipping and handling will be shown on EKG’s invoice(s). You are responsible for all applicable sales and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on EKG’s invoice. Delivery dates are approximate and products may be placed on backorder at EKG’s discretion. Where product availability is limited for any reason, Global may fill orders or otherwise allocate products in any manner it deems appropriate. Under no circumstances will EKG be liable for failure to ship, delay in delivery, or for Customer’s failure to receive, products by a certain date.
Title/Risk of Loss
Title to products and risk of loss passes from EKG to you upon delivery to the carrier.
Components
Unless you are purchasing a remanufactured product, the product you purchase contains components that are new or equivalent to new in accordance with industry standards.
Product Disclaimers
Product specifications may reflect accepted industry terminology and standards that could vary from commonplace meanings or may reflect the manufacturers best estimates of power, capacity and other usage capabilities and limitations or may reflect the capabilities of a product only under specific circumstances. Product specifications are not independently tested by EKG in every circumstance. Parameters provided in datasheets and/or specifications may vary in different applications and performance may vary over time. Product specifications do not expand or otherwise modify these Sales Terms, including but not limited to the warranty. Our products are not designed for use in medical, life-saving, or life-sustaining applications or for any other application in which the failure of the product could result in personal injury or death.
Export Sales
You agree that you will not divert, use, export or re-export the products contrary to Canadian or United States law. You expressly acknowledge and agree that you will not export, re-export, or provide the products to any entity or person within any country that is subject to Canadian or United States economic sanctions imposing comprehensive embargoes without obtaining prior authorization from the United States or Canadian Government as applicable. The list of such countries subject to United States economic sanctions or embargoes may change from time to time but currently includes North Korea, Cuba, Iran, Sudan, and Syria. You also expressly acknowledge and agree that it will not export, re-export, or provide the products to entities and persons that are ineligible under United States or Canadian law to receive such items, including but not limited to, any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or on the United States Commerce Department’s Denied Persons List, Entity List, or Unverified List.
Amendments/Applicable Law
These terms and conditions of sale may be amended at any time by EKG. These terms and conditions of sale, your access to and use of the Website, and all related matters are governed solely by the laws of BC, Canada.
User Generated Content Policy
From time to time on certain areas of the Site you may be able to submit reviews, comments, feedback and certain other materials (collectively, “User Contributions”). By using these features, you agree that: (a) you will not post any content that is unlawful, harmful, tortious, defamatory, libellous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by EGK in its discretion; (b) you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that you are under a contractual obligation to keep private or confidential; (c) you will not impersonate any person or organization, including without limitation, the personnel of EGK, or misrepresent an affiliation with another person or organization; and (d) you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation of the Site, or any feature of the Site.
You represent and warrant that you own or have a valid license to use the User Contribution submitted, displayed, published or posted by you on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of the User Contribution, and EGKs use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity.
For any User Contribution that you submit, you grant EGK and its authorized third-party service providers a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute your User Contribution and/or incorporate your User Contribution into any form, medium or technology throughout the world without compensation to you. Any User Contribution that you submit may be used and shared with authorized third-parties at EGK’s sole discretion. EKG sometimes offers gifts of nominal value to individuals for submitting reviews on the Site. EGK is committed to complying with government gift and ethics rules and therefore government employees are not eligible to receive such gifts.
Return Policy
Click here to view the expandinggateking.com return policy.
Privacy Policy
EGK may, in its discretion, monitor your use of the expandinggateking.com site. EGK collects uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into these terms and conditions and available by clicking here.
The parties have required that these terms and conditions be drafted in English. Les parties ont demandé que cette convention soient rédigés en anglais.
Mobile Messaging Terms and Conditions
EGK offers its customers mobile alerts regarding your orders, product delivery status sales, event promotions, new product releases, cart reminders, back in stock alerts, price drop alerts and low inventory alerts via recurring SMS (Short Message Service) message from certain short codes. Enrolment in Global text alerts requires a customer who is at least 18 years old to provide his or her own mobile phone number with an area code within Canada. By enrolling to receive EGK text alerts, you agree to these Mobile Messaging Terms and Conditions and to our Privacy Policy.
You acknowledge that text alerts will be sent to the mobile phone number you provide to EGK and you authorize EGK to use auto dialler or non-auto dialled technology to send recurring text messages to such mobile phone number. Once you enrol, the frequency of text alerts we send to you will vary. EGK does not impose a separate charge for text alerts; however, your mobile carrier’s message and data rates may apply depending on the terms and conditions of your mobile phone contract. You are solely responsible for all message and data charges that you incur. Please contact your mobile service provider about such charges.
You may opt out of EGK text alerts at any time. To stop receiving EGK service text alerts, text STOP to the applicable short code. Texting STOP to the applicable short code will opt you out of all future EKG text messages from that short code. After you submit a request to unsubscribe, you will receive one final text alert from EKG confirming that you will no longer receive text alerts from that short code. No additional EGK text alerts will be sent from that short code unless you re-activate your enrolment.
The EGK text alert programs are offered on an "as is" basis and: (1) may not be available in all areas or through all wireless carriers at any or all times; and (2) may not continue to work in the event of product, software, coverage or other service changes made by your wireless carrier. EGK may change or discontinue any of its text alert programs without notice or liability to you. The wireless carriers are not liable for any delayed or undelivered text alerts.
All information collected in connection with our text alert programs is governed by our Privacy Policy. These Mobile Messaging Terms and Conditions are subject to change at any time without notice.
TERMS AND CONDITIONS OF USE
Materials appearing on globalindustrial.ca (the "Site") are copyrighted by EGK unless otherwise noted, and may not be used without the written permission of the copyright owner.
The Site is presented for private, non commercial use only. Materials presented at the Site may be downloaded and printed exclusively for private, non commercial use, provided that all copyright notices and other notices or proprietary rights are retained on resulting hard copies of the materials. No materials presented at the Site may be otherwise reproduced, in whole or in part, retransmitted or distributed without the written permission of EGK.
Trademarks appearing at the Site may be owned and/or registered by parties other than EGK, as denoted by express attribution or the clear implication of context. No representation contained at the Site should be construed to authorize the reproduction, retransmission or other use of the trademarks of EGK or other parties.
EGK will enforce its intellectual property rights to the full extent of the law.
EGK serves customers in North America. All product prices, specifications and availability are subject to change without notice. Prices do not include shipping or applicable sales tax.
EGK uses reasonable efforts to include accurate and up-to-date information on the Site, but does not warrant that it is free of errors or omissions. Because of continuing improvements, actual products may differ slightly from photo. Photograph images may have been retouched. EGK will not be liable for any damages to the end-user, whether direct, consequential or incidental, arising from the end-user's use of, or reliance upon, material presented at the Site. EGK will not be liable for any damages to, or viruses that may infect, your computer or related equipment as the result of your access to, use of, or downloading material from, the Site. EGK is not responsible for the contents of any off-site pages or any other sites linked to the Site. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY CONTENT ON THE SITE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE.
All communications received by globalindustrial.ca via electronic mail or otherwise, including letters, questions and comments, may be posted on the Site or otherwise published by EGK. Such communications may be edited for length and clarity.
Certain links on the globalindustrial.ca site will allow you to leave the globalindustrial.ca site. These linked sites are not produced by EGK and EGK is not responsible for the content or material of any linked site or any link contained in a linked site, or any changes or updates to such sites. These linked sites are included by EGK as a service to its customers, and the links do not necessarily imply endorsement by EGK.
The videos provided on the Site are for informational, educational and promotional purposes only (the "Informational Content"). It is your responsibility to ensure compliance with all applicable laws, rules, codes and regulations and EGK assume no responsibility for the accuracy of the information contained in the Informational Content and disclaims any liability for omissions, errors or outcomes. If there is any question or doubt in regard to any element contained in the Informational Content, please consult a licensed professional. You may not rely on any information and opinions expressed in the Informational Content for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of Informational Content. Under no circumstances will EKG be liable for any loss or damage caused by your reliance on any Informational Content.