TERMS OF SERVICE
Effective: 30th November 2020
Welcome to Singh Industrial Ltd., our service accessible via our domain located at www.singhindustrial.ca. Our Terms of Use are a legal agreement between you and Singh Industrial Ltd., (also referred to herein as “www.singhindustrial.ca”, "us," "we"," Our Company"," Our websites") and these terms govern your use of our services, our website and other services we own, and we control. This page explains the terms by which you may use our Site and service provided on or in connection with Singh Industrial. All Clients of our company basic services are subject to this terms and conditions contained in the User Agreement, you agree to these Terms and Conditions and therefore approve of our policies and other activities that have been stated in our Privacy Policy.
In any case of disagreement with any of our services and our terms, you can discontinue the use of our services at any time.
BY CHECKING THE "I AGREE" BOX, OR BY CONTINUING TO USE THE SERVICES FOLLOWING OUR EFFECTIVE DATE OF POSTING OF THIS TERMS OF SERVICE ON THE WEBSITE, YOU AGREE TO BE BOUND BY THIS TERMS OF SERVICE, ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE FITNESS OF USING THE SERVICES DESCRIBED IN THE TERMS OF SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN IT AND HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (FOR EXAMPLE, YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS TERMS OF SERVICE. IN ADDITION, IF THIS TERMS OF SERVICE IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS TERMS OF SERVICE ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS TERMS OF SERVICE ON BEHALF OF SUCH ENTITY.
If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
a. You agree to; maintain and promptly update the Registration Data and any other information you provide to Singh Industrial, to keep such information accurate, current and complete, in case of changes to such information.
b. You acknowledge and accept that despite the security measures Singh Industrial takes in connection with the Services, Singh Industrial's system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, Singh Industrial may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Singh Industrial shall have no liability to you for any damage or loss that you may incur due to such corrective action.
c. Singh Industrial does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.
d. You are responsible for the security of your User account, User Content and User Websites.
If you are not satisfied with your purchase, we will accept a return for refund or exchange on NEW (not liquidation) products only. The following rules apply:
- Product must be in new condition and in the original packaging.
- The packaging must be unopened.
- The original sales receipt and invoice must accompany the return request.
- The product must be returned within 15 days.
Singh Industrial Ltd reserves the right to deny a return / refund without reason.
There is absolutely NO RETURNS on LIQUIDATION items.
You agree that these Terms and your use of the Site will be governed by the laws of the Province of Alberta and the Federal laws of Canada applicable therein. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies, and other dispute resolution organizations in Alberta, in all disputes (i) arising out of, relating to, or concerning these Terms, the Site, and your use thereof; (ii) in which the Site and/or these Terms are an issue or a material fact; or (iii) in which the Site or these Terms are referenced in a paper filed in a court, tribunal, agency, or other dispute resolution organization. Arbitration is final, binding, and subject to limited review by a court. You agree that this arbitration section shall survive termination of these Terms. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of the Site.
Any dispute or claim made by you against Singh Industrial or against any of Singh Industrial's subsidiary, parent, or affiliated companies arising out of or related to your use of the Site, whether based on contract, statute, tort, fraud, misrepresentation, or any other legal theory, will be resolved by binding arbitration.
The arbitration of any dispute or claim shall be conducted within the rules of the Arbitration Act of Alberta and bound by the Courts of Alberta. Any such arbitration shall be brought and held in Alberta. An arbitrator may not (i) award relief in excess of or contrary to what these Terms provide; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute.
By entering into this Agreement and using our site or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party’s parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referred to in this Agreement; (b) your violation of any rights of any third party.
Regardless of any of the Terms, the maximum you can claim in any dispute is the purchase amount of the specific product or transaction being disputed.
By visiting our website and using our service, you expressly acknowledge and agree that there are risks and limitations associated with online services such as the Singh Industrial Ltd service, and that your reliance on any content, recommendation or other advice contained on our site is solely and exclusively at your own risk. In particular, you acknowledge and agree that, to the fullest extent permitted by applicable law, neither Singh Industrial Ltd nor any of Singh Industrial Ltd’s affiliates, licensors, service providers, ecommerce experts, content providers, employees, agents, officers or directors will be liable for any loss, injury, claim, liability or damage, whether incidental, indirect, consequential, or special, including, without limitation, loss of revenue or income, pain and suffering, emotional distress or similar damages (collectively, “losses”) related to your use of (or inability to use) our service, our site or any site linked to Singh Industrial Ltd (hyperlinked sites), whether from errors or omissions in the content of our site or any other linked site(s), from Singh Industrial Ltd being down or unavailable, or from any other use of our site, even if advised of the possibility of any such losses.
Without limiting the foregoing, and to the fullest extent permitted by applicable law, you acknowledge that the functions, operations and content of our site are provided “as-is”, without warranty of any kind, either express or implied, including, without limitation, any implied warranties of merchantability, fitness for a particular purpose, accuracy, title or non-infringement, and there is no warranty that the information contained on our site or any of the related content will fulfill any of your particular purposes or needs. Singh industrial sells liquidated and new goods alike, some of which may require occasional or regular calibration or certification and Singh Industrial Ltd does not provide calibration or recalibration service or safety certifications, nor do Singh Industrial Ltd imply that the product has been calibrated or passed certification before sale. Any calibration or certification required is the responsibility of the purchaser. You shall not hold Singh Industrial Ltd liable for any errors in measurement or use, due to non-calibration of tools requiring calibration or recalibration. Any liquidated safety equipment bought must be calibrated by the purchaser before use, or the purchaser uses that product at their own risk. Singh Industrial offer no warranty implied or otherwise on the safety equipment. Liquidation items of any kind bought from Singh Industrial Ltd are sold with no warranty, implied or otherwise. New items (direct from manufacturer) may be covered by the manufacturer’s warranty. However, manufacturers of certain goods do not provide a warranty period. We are not responsible for damage caused by misuse of tools, incorrect sizing of tools or products, etc. no responsibility, liability for accident caused by incorrect use or sizing. We are not liable if you buy the wrong product, and it does not fit, or it breaks or doesn’t work, we cannot replace items you have bought from our store and used the item.
Liquidated items bought from us can be checked and confirmed to be working in the store, before leaving, after that we are not in any way liable.
Any item returned due to incorrect item bought, size or whatever reason, we can choose to not refund, if we do refund there will be a restocking charge of 15%.
You further agree that neither Singh Industrial Ltd, nor our service are responsible for any defamatory, offensive, infringing or illegal conduct of any other visitor to our site or any other third-party site.
Your use of our site also is subject to our privacy policy and our general terms and conditions.
In no event shall the company, its licensors and/or employee be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential, natural disaster or other damages of any type or kind (including personal injury, loss of data, revenue, profits, and natural occurrence use, or other economic advantage). The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or product, including but not limited to the use or inability to use the service or product, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or application, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The company’s service and website may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, delivery failures, or other damage resulting from such problems.
If any provision of this Agreement is determined to be invalid or unenforceable, the remainder shall be unaffected and shall be enforceable against both the Singh Industrial and user.
These Terms and the other policies posted by Singh Industrial on the Website constitute the complete and exclusive understanding and agreement between you and Singh Industrial and govern your use of the Service and the Website superseding all prior understandings, proposals, agreements, negotiations, and discussions between the parties, whether written or oral. These Terms and the relationship between you and Singh Industrial shall be governed by the states and federal laws of Canada without regard to its conflict of law principles.
Any discrepancies with a sales invoice must be reported directly to Singh Industrial Ltd, within 24 hours, or the Purchaser loses their right to make a claim, against this discrepancy.
If you decide to pursue a claim against Singh Industrial Ltd, you agree that the maximum claim amount is no more than the specific item purchased, that is the subject of the claim.
These terms of Service shall be governed by provisional law of Alberta (a Province in the country of Canada), which shall apply to both form and substance, notwithstanding the place of performance of the essential or ancillary obligations. These Terms and Conditions and a Contract (and all non-Contractual obligations arising out of or connected to them) shall be governed and construed in accordance with The Personal Information Protection and Electronic Documents Act (PIPEDA). More information can be found at www.priv.gc.ca/en/privacy-topics/privacy-laws-in-canada/the-personal-information-protection-and-electronic-documents-act-pipeda/
We make no representation that the Contents of the Site are appropriate or available for use in your location.
By accepting these terms, you represent that you are or above the age of 18 years and that, in of age bracket, less than 18 years require the consent of legal or parental guidance to agree on the Agreement on your behalf.
If you have accepted these terms on behalf of another user [which might not satisfy the conditions for accepting the terms of use] or entity, you then represent that you have the legal authority to do so. Such entities or individuals also agree to be responsible for violation of any part of these terms and conditions.
Singh Industrial reserve all rights to correct, change, amend, and make addition or subtraction and some other modification to any part of the conditions as mentioned above of use at any time at our sole discretion. A brief copy of the Purchase Terms and Agreement are provided with your sales invoice, and the fully updated version is on our website at www.singhindustrial.ca/terms.html As our Services are evolving, we may change or discontinue all or any part of the Services, at any time and without prior notice, at our sole discretion. The Terms and Conditions are determined to have been in effect since the date designated above.
For more Information about our privacy practices, if you have any questions, concerns or complaints regarding our compliance with this notice and the data protection laws, you can send a mail to our support mail [email protected]
Or our head office address at;
Singh Industrial Ltd
4316 Roper Rd,
Edmonton, AB, T6B 3T8
Canada.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language for easier comprehension.