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Terms & Conditions | GD STORE Garage Storage Canada

April 4, 2017 Rev. A

Standard Terms and Conditions of Sale: These terms and conditions govern the sale of Products (“Product or Products”) and provisions of services (“Services”) by BeThere Distributing Inc. and its affiliates (“Seller”) as well as by third party vendors and/or service providers of Seller. These terms and conditions (“Agreement”) take precedence over Buyer’s supplemental or conflicting terms and conditions to which notice of objection is hereby given. Neither Seller’s commencement of performance or delivery shall be deemed or construed as acceptance of Buyer’s supplemental or conflicting terms and conditions. BeThere Distributing Inc.’s failure to object to conflicting or additional terms will not change or add to the terms of this agreement. Buyer’s acceptance of the Products and/or Services from Seller shall be deemed to constitute acceptance of the terms and conditions contained herein.

1. Orders: All orders placed by Buyer are subject to acceptance by Seller. Orders may not be cancelled or rescheduled without Seller’s written consent. All orders must identify the products, unit quantities, part numbers, applicable prices and requested delivery dates of the Products being purchased. Seller may in its sole discretion allocate Product among its Customers. Seller may designate certain Products and Services as non-cancelable, nonreturnable (“NCNR”) and the sale of such Products shall be subject to the special terms and conditions contained in Seller’s Customer Acknowledgement or NCNR Product Form, which shall prevail and supersede any inconsistent terms and conditions contained herein or elsewhere.

2. Prices: The prices of the Products are those prices specified on the front of the invoice. Pricing for undelivered Products may be increased in the event of an increase in Seller’s cost, change in market conditions or any other causes beyond the Seller’s reasonable control. Price quotations shall automatically expire in thirty (30) days from the date issued, or as otherwise stated in the quotation.

3. Taxes: Unless otherwise agreed to in writing by Seller, all prices quoted are exclusive of transportation and insurance costs, duties, and all taxes including federal, state and local sales, excise and value added, goods and services taxes, and any other taxes. Buyer agrees to indemnify and hold Seller harmless for any liability for tax in connection with the sale, as well as the collection or withholding thereof, including penalties and interest thereon. When applicable, transportation and taxes shall appear as separate items on Seller’s invoice.

4. Payment: Payment may be made by credit card or Pay Pal. NEED TO VERIFY ON FINAL OF WEBSITE.

5. Delivery and Title: All deliveries will be made F.O.B. place of shipment. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.

6. Returns, Refunds and Exchanges Policy: How to Return an Item: Item(s) must be in original condition to be returned, unless there is a manufacturer defect. Customer must notify BETHERE DISTRIBUTING INC. within 30 days of ship date, then return the item within 14 days of receiving a Return Material Authorization (RMA) from BETHERE DISTRIBUTING INC. To make sure the item is returnable, please follow the steps below: 1. First, contact a BETHERE DISTRIBUTING INC. sales representative within 30 days of ship date of item(s) by calling our toll-free number at 1-800-801-8601 or email sales@gdstor.com. 2. Second, if the item is approved for return, BETHERE DISTRIBUTING INC. will issue a RMA number. Once the RMA number is received, item must be returned within 14 days of the date RMA number is issued. BETHERE DISTRIBUTING INC. will provide the Customer with specific instructions on where to mail / return item(s) with the RMA number. 3. Include the original receipt and signed RMA in the return package stating the reason for the return.

Return Exceptions:

Only products originally shipped from BETHERE DISTRIBUTING INC. or from an authorized supplier (drop-ship) will be returned to BETHERE DISTRIBUTING INC. By a Customer returning products to BETHERE DISTRIBUTING INC., the Customer certifies that the products were purchased from BETHERE DISTRIBUTING INC. and there has been no substitution of the product from another supplier, distributor or other source of the product. The return should be in the original packaging and in unused condition except if approved defective by a BETHERE DISTRIBUTING INC. sales representative via an RMA.

Exchanges:

If the item(s) is in new condition and in the original packaging, you may exchange the item(s) for another item in the first 30 days after ship date. Defective item(s) may be exchanged/returned for the same item. Customer will not be subject to a restocking fee in this case, but without being a defective item, will still have to pay return shipping. Items purchased from BETHERE DISTRIBUTING INC. that have been used or altered will not be accepted for exchange.

Return Freight / Restocking Fee:

Reasonable cancellation or restocking charges may include a minimum 15% restocking fee, and this will be deducted from the Customer refund. BETHERE DISTRIBUTING INC. does not refund the original shipping and handling that the Customer paid on the order. Customer must prepay the return freight charges and BETHERE DISTRIBUTING INC. will not accept COD shipments.

Refunds:

BETHERE DISTRIBUTING INC. will notify Customer upon receipt and inspection of returned item(s) and will advise of refund status. Upon approval of return and refund, BETHERE DISTRIBUTING INC. will initiate a credit within 48 hours to the original method of payment. Credits to credit card can take 10 days to post to the account.

Contact Us:

Customer should contact BeThere Distributing Inc. with questions regarding returns. Please contact us.

7. Limited Warranty: All products sold by BeThere Distributing Inc. are warranted against defects in material and workmanship for a period of three (3) years from the date of shipment within North America, and for a period of one (1) year from the date of shipment outside of North America. If you believe any BeThere Distributing Inc. products you have purchased has a defect in material or workmanship or has failed during normal use within the warranty period, please contact BeThere Distributing Inc. at +1-800-801-8601 for assistance. If product repair or replacement is necessary, the Customer will be solely responsible for all shipping charges, freight, insurance and proper packaging to prevent breakage in transit, whether or not the product is covered by this warranty. All shipments of repaired or replaced products by BeThere Distributing Inc. will be F.O.B. at the BeThere Distributing Inc. warehouse.

This warranty does not apply to defects resulting from any Customer actions, such as mishandling, improper interfacing, operation outside of design limits, misapplication, improper repair, or unauthorized modification. No other warranties are expressed or implied. BeThere Distributing Inc. specifically disclaims any implied warranties of merchantability or fitness for a specific purpose. BeThere Distributing Inc. liability shall be limited to the actual purchase price of any defective unit or units of equipment to which a claim is made, and shall in no event include the Customer's manufacturing costs, lost profits or goodwill, or any other direct, indirect, special, incidental or consequential damages whether based on contract, tort or other legal theory. BeThere Distributing Inc. shall not be liable for normal manufacturing defects or customary variances from specifications.

This storage system and associated accessories are provided as is without any guarantees or warranty. In association with the product, BeThere Distributing Inc. makes no warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, of title, or of non-infringement of third party rights. Use of the product by a user is at the user’s risk.

NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A SPECIFIC PURPOSE, THE PRODUCTS TO WHICH THE INFORMATION MENTIONS MAY BE USED WITHOUT INFRINGING THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS, OR OF ANY OTHER NATURE ARE MADE WITH RESPECT TO INFORMATION OR THE PRODUCT TO WHICH INFORMATION MENTIONS. IN NO CASE SHALL THE INFORMATION BE CONSIDERED A PART OF OUR TERMS AND CONDITIONS OF SALE.”

11. Force Majeure: Seller is not liable for failure to fulfill its obligations for any accepted Order or for delays in delivery due to causes beyond Seller’s reasonable control including, but not limited to, acts of God, natural or artificial disaster, riot, war, strike, delay by carrier, shortage of Product, acts or omissions of other parties, acts or omissions of civil or military authority, Government priorities, changes in law, material shortages, fire, strikes, floods, epidemics, quarantine restrictions, acts of terrorism, delays in transportation or inability to obtain labor, materials or Products through its regular sources, which shall be considered as an event of force majeure excusing Seller from performance and barring remedies for non-performance. In an event of force majeure condition, the Seller’s time for performance shall be extended for a period equal to the time lost as a consequence of the force majeure condition without subjecting Seller to any liability or penalty. Seller may, at its option, cancel the remaining performance, without any liability or penalty, by giving notice of such cancellation to the Buyer.

12. Technical Assistance or Advice: If technical assistance or advice are offered or given to Buyer, such assistance or advice is given free of charge and only as an accommodation to Buyer. Seller shall not be held liable for the content or Buyer’s use of such technical assistance or advice nor shall any statement made by any of Seller’s representatives in connection with the Products or Services constitute a representation or warranty, express or implied.

13. General: (a) The laws of the province of Ontario will exclusively govern any dispute between Seller and Buyer, (b) Buyer may not assign this Agreement without the prior written consent of Seller. Seller or its affiliates may perform the obligations under this Agreement. This Agreement is binding on successor and assigns, (c) Products, including software or other intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses.

Disclaimer: This agreement releases Bethere Distributing Inc. from all liability relating to injuries that may occur during installation or daily use. By effectively signing this agreement, I agree to hold Bethere Distributing Inc. entirely free from any liability, including financial responsibility for injuries incurred, regardless of whether injuries are caused by negligence.

I also acknowledge the risks involved in use of a garage door and the placement of storage system and storage containers on a garage door. These include but are not limited to raising or lowering garage door, storage containers falling from garage door, mounting bracket malfunction, items falling from storage containers. I swear that I am participating voluntarily, and that all risks have been made clear to me. Additionally, I do not have any conditions that will increase my likelihood of experiencing injuries while engaging in this activity.

By checking the box below, I am effectively signing this Agreement; I forfeit all right to bring a suit against Bethere Distributing Inc.  for any reason; I will make every effort to obey safety precautions as listed in writing and as explained to me verbally; I will ask for clarification when needed.

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