THESE TERMS AND CONDITIONS (“AGREEMENT”) APPLY TO YOUR ORDER AND PURCHASE OF SYSTEMS OR COMPONENTS AND THIRD-PARTY BRANDED PRODUCTS SOLD THROUGH TACTICAL FACILITY PROVIDERS, INC.
You accept the terms and conditions of this Agreement, unless you have a separate purchase agreement signed by both your company and Tactical Facility Providers, Inc., in which case, that separate agreement will govern. Tactical Facility Providers, Inc. may, from time to time and at its sole option, revise this Agreement without notice by posting the revised agreement on its web site. The Agreement posted on Tactical Facility Providers, Inc.’s web site at the time Tactical Facility Providers, Inc. accepts your order will govern that purchase.
- Accuracy of Data/Corrections. Tactical Facility Providers, Inc. obtains certain data directly from the manufacturer, publisher or supplier of products and is not responsible for pricing, typographical or other errors in any such data. In addition, availability of third-party product is subject to change without notice. Tactical Facility Providers, Inc. reserves the right to cancel orders related to such errors or product discontinuation or unavailability, and to correct this web site at any time, including pricing errors not detected until after Tactical Facility Providers, Inc.’s confirmation or e-mail response.
- Prices/Payment Terms. Prices are subject to change at any time prior to Tactical Facility Providers, Inc.’s acceptance of your order. Payment terms are at Tactical Facility Providers, Inc.’s sole discretion and all orders are subject to Tactical Facility Providers, Inc.’s approval. You agree to pay the total purchase price for the products, plus tax and shipping. You will be responsible for Tactical Facility Providers, Inc.’s costs of collection for any payment default, including, but not limited to, court costs, filing fees and attorneys’ fees. In addition, if payments are not received as described above, Tactical Facility Providers, Inc. reserves the right to suspend delivery until payment is received.
- Taxes. We charge & collect only GST on all orders, no exemptions. Provincial or local sales taxes are your responsibility.
- Delivery/Title/Risk of Loss. Tactical Facility Providers, Inc. uses commercial delivery services but does not guarantee delivery by a stated time and is not responsible for any damages due to delays or the failure to meet a stated delivery schedule. Product will be delivered to you prepaid. Title and risk of loss for shipment of product shall pass to you when such product is delivered to the transportation carrier. Title and risk of loss for such shipments shall pass upon delivery to the requested delivery destination.
- Limited Component Warranty. PRODUCTS OR COMPONENTS MANUFACTURED OR PROVIDED BY THIRD PARTIES ARE PROVIDED WITH MANUFACTURER’S WARRANTY. Tactical Facility Providers, Inc. shall pass through to the original purchaser any manufacturer’s warranties associated with third-party products purchased from Tactical Facility Providers, Inc. Tactical Facility Providers, Inc. accepts no liability for any claims arising out of any act or omission, including negligence, by any third-party product or component. This limited warranty is provided solely in our capacity as an independent reseller of such product.
- Disclaimer of Warranty. THE FOREGOING WARRANTIES ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND YOUR SOLE AND EXCLUSIVE REMEDIES. Tactical Facility Providers, Inc. DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. No agent or employee of Tactical Facility Providers, Inc. or any other party is authorized to make any warranty on behalf of Tactical Facility Providers, Inc. that is in addition to those made in this Agreement.
- Limitations on Use. You agree and represent that you are buying the systems or products for your own personal use and not for resale. ANY OTHER USE of the systems or products voids ALL warranties either expressed or implied.
- Limitation of Liability. Tactical Facility Providers, Inc. IS NOT LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION ANY LOSS ASSOCIATED WITH OPERATION, USE, OR MISUSE OF ANY SYSTEM(S) OR PRODUCT(S) PURCHASED. Any liability for direct damages arising under this Agreement, regardless of the form of action or theory of relief, is limited to the purchase price of the system(s) or product(s). No action arising out of the transactions under this Agreement may be brought by you more than one (1) year after the damage, loss or expense occurred. Tactical Facility Providers, Inc. is not liable for any claim made by a third party or made by you on behalf of a third party.
- Termination. You may cancel any order for systems or products under terms specified by the Province of Alberta Fair Trading Act, Internet Sales Contract Regulation, Alberta Regulation 81/2001, up to and including revision 140/2016. In addition, you may cancel any order prior to scheduled shipment by providing notice to Tactical Facility Providers, Inc. If an order is cancelled prior to shipment, your sole remedy and Tactical Facility Providers, Inc.’s sole obligation is full refund of the purchase price paid for the Product.
- Governing Law. This Agreement shall be interpreted, construed, governed by and enforced in accordance with terms specified by the Province of Alberta Fair Trading Act, Internet Sales Contract Regulation, Alberta Regulation 81/2001, up to and including revision 140/2016. You are responsible for compliance with local laws, if and to the extent local laws are applicable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- Assignment. Tactical Facility Providers, Inc. may assign or subcontract all or any portion of its rights or obligations with respect to the sale of systems or products and/or assign the right to receive payments without your consent. You may not assign this Agreement or any of its rights or obligations without the prior written consent of Tactical Facility Providers, Inc. Subject to the restrictions in assignment contained in this provision, this Agreement will be binding on and inure to the benefit of the parties hereto and their successors and assigns.
- Force Majeure. Tactical Facility Providers, Inc. will not liable for failure to fulfill its obligations under this Agreement or for delays in delivery or performance due to causes beyond its reasonable control, including loss of third-party telecommunications, connectivity or similar infrastructure. Tactical Facility Providers, Inc.’s time for performance of any such obligation will be extended for the time period of such delay, or Tactical Facility Providers, Inc. may, at its options, cancel any order remaining thereof, without liability, upon notice to you.
- Miscellaneous. No provision of this Agreement may be waived, amended or modified by either party except by a written agreement signed by both you and Tactical Facility Providers, Inc. Any delay or failure by either party to exercise any right or remedy will not constitute a waiver of that party to thereafter enforce such rights. The sole relationship between Tactical Facility Providers, Inc. and you is that of seller and buyer. If any part of this Agreement is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, all other parts will still remain in effect. Notices to be provided under this Agreement must be in writing and will be deemed received upon the earlier of: 1) actual receipt; 2) three (3) days after mailing, if mailed postage prepaid by regular mail or airmail; or 3) one (1) day after such notice is sent by courier or facsimile transmission.
- Exclusions. Effective January 1, 2019, we do not sell or ship to the Province of Quebec.
- Entire Agreement. This Agreement constitutes the entire agreement between us regarding the purchase of systems or products from Tactical Facility Providers, Inc. and supersedes and replaces any previous communications, representations or agreements. Any additional or different terms or conditions contained in any purchase order or other documents provided by you are considered material alterations to this Agreement, expressly rejected and will not be binding upon Tactical Facility Providers, Inc.