Terms of Sale

The following terms and conditions govern the sale of products by TekGear.com. By submitting your on-line order to Tek Gear, you have indicated your acceptance to be bound by these terms and conditions of sale. At Tek Gear's sole discretion, these terms and conditions may be changed without prior notice at any time before Tek Gear accepts your order.

All Sales are Final.

Due to the nature of the products we sell, we go to great efforts to present detailed information about each product on the web site. User Guides, data sheets, and detailed descriptions are all part of the offering to help each customer make an informed decision on purchasing their product. Please review these documents and give us a call if you have any questions about the suitability of any one of our products for your application before you make your purchase. We will make sure that you get the product you need.

Payment Terms

Payment is due by credit card or Certified Cheque.

Once an order is placed by credit card, the credit card account will be verified at the time the order is placed. If a credit card is declined, the order will not be accepted.

No C.O.D. orders are accepted. Orders are processed ONLY upon receipt of payment.

Disclaimer of Warranty

When products are shipped to you, their limited warranties applicable to products are in effect.

On our web site, "as is" products may not have warranties from Tek Gear (other than those warranties implied by and incapable of exclusion, restriction or modification under applicable law), but may still hold warranties from the manufacturer.

Products sold through this website that do not bear the Apple Brand name are serviced and supported exclusively by their manufacturers in accordance with terms and conditions packaged with the products.

Payment Shipping and Handling Charges and Taxes

You are responsible for any taxes or tariffs associated with your purchase as all prices quoted on tekgear.ca and tekgear.com are basis EXW(Tek Gear) Incoterms 2000.

Prices

Prices shown on the Tek Gear's site do not include shipping and handling. Neither do not the prices include taxes unless otherwise noted. All prices are in US Dollars. The price charged for an order will be the price in effect at the time the order is made. Nonetheless, if the price drops before shipment and you notify Tek Gear of the lower price before the product is shipped, in which case (and in that case only) the price charged will be the lower price.

Shipping & Risks during Shipping

When products are shipped to you by common carrier, Tek Gear's liability to you for breakage and/or non-delivery of the products by the common carrier to you will be limited by the limits of liability provided by the common carrier's terms and conditions of carriage. You may wish to purchase insurance from loss or breakage during carriage for full insurable value of the products you have ordered by making the appropriate requests when placing your order with Tek Gear.

Limited Warranty

Tek Gear's Limited Warranty does not apply to products that are not Tek Gear-branded, even if packaged or sold with Tek Gear products. Please contact the manufacturer directly for technical support and customer service.

Tek Gear warrants product(s) to be in good working condition and free from defects in material and workmanship for a period of ninty (90) days for OEM products, or thirty (30) days for RETAIL packaged products from the original Invoice date unless otherwise restricted below or by the manufacturer's own warranty policy.

Tek Gear's liability shall as limited to repairing or replacing, at its option, any defective product which is returned, freight prepaid to Tek Gear, according to the Merchandise Return Procedure set forth in Section Merchandise Return Procedure below. Buyer shall bear all responsibility for shipping charges and risk of loss or damage during transit to Tek Gear. Products which have been subjected to abuse, misuse, alteration, neglect or unauthorized repair or installation, as determined solely by Tek Gear, are not covered by this warranty.

Any alterations, addition, improvements or attachments to the product(s) not authorized in writing by the Tek Gear shall be deemed to be a waiver of this warranty by Buyer and shall render this warranty null and void. Tek Gear shall return repaired or replaced product(s) to Buyer, at its expense via regular ground service within Canada. Shipping charges by all other methods and to all other destinations shall be borne by Buyer.

THIS WARRANTY IS IN LIEU OF ANY OTHER WARRANTY, EXPRESS OR IMPLIED. TEK GEAR MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR OG MERCHANTABILITY. IN NO EVENT SHALL TTEK GEAR BE LIABLE FOR INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES SUCH AS LOSS OF PROFITS OR BUSINESS OPPORTUNITIES, AND IN NO EVENT SHALL TEK GEAR'S LIABILITY EXCEED THE PURCHASE PRICE OF THE PRODUCT(S).

Merchandise Return Procedure

A. To obtain a "Return Merchandise Authorization"(RMA) Number, Buyer must: 1. Call Tek Gear's Customer Service Representative. 2. Provide the invoice number, date of purchase, serial number of items to be returned, and reason for return. RMA numbers are valid for 30 days from date of issuance.

B. Packing and Shipping 1. Attaching a copy of the original invoice and test report of each item to be returned, if possible. 2. Pack items in original shipping containers with all accessories, including manuals, cables, diskettes, etc. 3. Mark the RMA number clearly on the outside of each container. 4. Ship to Tek Gear, freight prepaid and insured.

C. Replacement or repair will be made when merchandise is received by Tek Gear. No advance replacement is available.

D. Buyer shall pay the following miscellaneous charges: 1. Items returned which were not originally purchased from Tek Gear: $30 plus return freight. 2. Items returned within warranty period, no defect found: Systems: $50 plus return freight Parts: $35 plus return freight 3. Out of warranty Repair (Performed solely at Tek Gear's election): $50 per hour labor plus parts and return freight.

Technical Support

Tek Gear provides technical support for most of its products. Some products may have to use the technical support provided by the manufacturer.

Limitation of Liability

The maximum liability to you for products purchased from Tek Gear shall be limited to the purchase price you have paid for the products. Also, Tek Gear will not be liable for any property damage, personal injury, loss of use, interruption of business, loss of profits, or other consequential, indirect, incidental, punitive or special damages. This applies to all situations however caused, whether for breach of warranty, contract, tort (including negligence), strict liability or otherwise, other than those damages that are incapable of limitation, exclusion or restriction under applicable law.

Return Policy

Subject to a restocking fee, Tek Gear will allow the return of certain products for credit for any reason under certain terms and conditions. The following procedures must be followed if you want to obtain a credit for a return item:

First, you must obtain a return authorization number.

Second, the return item must be accompanied by a return authorization number and received at the Tek Gear warehouse within twenty-four (24) days of Tek Gear's shipment of the item to you.

You must pay the shipping for returned items. A restocking fee of 15% will be subtracted from credit for returned items.

Some items, if opened, will not be covered by this return policy.

Items not covered include opened software from any manufacturer and opened products of certain manufacturers subject to the manufacturer's return and warranty coverage.

THIS RETURN POLICY IS NOT A WARRANTY. Tek Gear reserves the right to change or to cancel it at any time before accepting your order. For all refunds, you need to precisely follow the previous return procedures to ensure the return of your refund. You need to also allow a reasonable period of time for the product to arrive at our warehouse and pass an inspection process. When your return is accepted, we will process your credit as soon as possible.

Title

Title to hardware products and to the media in which software products are embodied passes to you upon shipment by Tek Gear. Title to software remains with the licensor of the software.

Interpretation

These terms and conditions shall be interpreted under and governed by the federal laws of Canada, without giving effect to conflicts of law rules. Headings used in these Terms and Conditions are for convenience of reference only and are not intended to be part of, or to affect the meaning or interpretation of, these Terms and Conditions.

Arbitration

All dispute, controversy, or claim against Tek Gear arising out of or relating to these Terms and Conditions, their interpretation, or the breach, termination or validity thereof, or any related purchase shall be resolved exclusively and finally by arbitration administered by the Better Business Bureau.(BBB)

The arbitration will be conducted before a single arbitrator, and will be limited solely to the dispute or controversy between you and Tek Gear. The arbitration shall be held in any mutually agreed upon location in person, by telephone, or online. Any decision rendered in such arbitration proceedings will be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.

The arbitrator shall not award either party special, exemplary, consequential, punitive, incidental or indirect damages, or attorney's fees and each party irrevocably waives any such right to recover such damages. The parties will share the costs of the arbitration, (including the arbitrator's fees, if any) in the proportion that the final award bears to the amount of the initial claim.

No Modification

Any additional or altered terms attached or adhering to an order shall be null and void and without effect, unless agreed to in writing by Tek Gear.

These terms and conditions may not be modified, altered or amended without the written agreement of Tek Gear.

Severability

If any provision of these terms and conditions is held to be illegal, invalid or un-enforceable, in whole or in part, the legality, validity and enforceability of the remaining provisions shall not be affected or impaired.

The terms and conditions stated herein are declared to be Severable.

General

You may not assign this agreement without Tek Gear's prior written consent. Tek Gear is the intended beneficiaries of this agreement. If there is any inconsistency between this agreement and other agreement included with or relating to products purchased from Tek Gear, this agreement shall take precedence.