Terms of Service, Privacy Statement, Terms & Conditions of Sale

TERMS OF SERVICE

OVERVIEW

This website is operated by Intellimeter Canada Inc. (Intellimeter) Throughout the site, the terms “we”, “us” and “our” refer to Intellimeter. Intellimeter offers this website, including all information, tools and services available from this site to you, the user, conditional to your acceptance of all terms, conditions, policies and notices stated here.

By using our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

Section 1 - Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Section 2 - General Conditions

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 - Accuracy, Completeness, and Timeliness of Information

We make every effort to ensure that the information we provide is accurate, however the information is also supplied by third parties and we are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk. As an option to mitigate your risk you are always welcome to call Intellimeter at +1-905-839-9199 between 8.00AM and 4.00PM Eastern Time or email your questions at orders@intellimeter.ca

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Section 4 - Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Section 5 - Products or Services (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Terms and Conditions of Sale. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Section 6 - Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or un-authorized distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Terms & Conditions of Sale.

Section 7 - Optional Tools

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools on an ”as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Section 8 - Third-party Links

Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Section 9 - User Comments, Feedback and Other Submissions

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Section 10 - Personal Information

Your submission of personal information through the store is governed by our Privacy Policy.

Section 11 - Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Stock availability and lead time to deliver are reasonable estimates performed under our best efforts, under no circumstances shall Intellimeter be held liable for delays due to changes or unavailability of product. Our web store was developed to provide detailed information of the products sold, and follow a logical structure for selecting the right product for the application. Under these conditions, all order placements are final. Any returns, are required to be approved for return. Changes or cancellations are subject to a minimum cancellation fee of 30% of the corresponding order value.

All returned goods must be returned in its original condition and its original packaging in order to be considered returnable. Intellimeter, may at its sole discretion refuse to accept returns of merchandise if the products were installed, used or not in their original packaging.

Additional to these Terms of Service, please refer to our Terms and Conditions of Sale that govern the purchase of Intellimeter products.

Section 12 - Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Section 13 - Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall Intellimeter, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 14 - Indemnification

You agree to indemnify, defend and hold harmless Intellimeter and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Section 15 - Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 16 - Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Section 17 - Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Section 18 - Governing Law

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the province of Ontario.

Section 19 - Changes to Terms of Service

You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

Section 20 - Contact Information

Questions about the Terms of Service should be sent to us at orders@intellimeter.ca

PRIVACY STATEMENT

Section 1 - What do we do with you information?

When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address and email address.

When you browse our store, we also automatically receive your computer’s internet protocol (IP) address which provide us information that helps us learn about your browser and operating system.

Email marketing (if applicable): With your permission, we may send you emails about our store, new products and other updates.

Section 2 - Consent

When you provide us with personal information to complete a transaction, verify your credit card, place an order, arrange for a delivery or return a purchase, you consent to our collecting it and using it for that specific reason only. If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.

If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use or disclosure of your information, at anytime, by contacting us at orders@intellimeter.ca or mailing us at:

Intellimeter Canada Inc.
1125 Squires Beach Road, Pickering ON, L1W 3T9

Section 3 - Disclosure

We may disclose your personal information if we are required by law to do so or if you violate our Terms of Service.

Section 4 - Shopify

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through Shopify’s data storage, databases and the general Shopify application. They store your data on a secure server behind a firewall.

Payment:

If you choose a direct payment gateway to complete your purchase, then Shopify stores your credit card data. It is encrypted through the Payment Card Industry Data Security Standard (PCI-DSS). Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction. After that is complete, your purchase transaction information is deleted.

All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover.

PCI-DSS requirements help ensure the secure handling of credit card information by our store and its service providers.

For more insight, you may also want to read Shopify’s Terms of Service (https://www.shopify.com/legal/terms) or Privacy Statement (https://www.shopify.com/legal/privacy).

Section 5 - Third-Party Services

In general, the third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.

However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions. For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.

In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. Should you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.

As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.

Once you leave our store’s website or are redirected to a third-party website or application, you are no longer governed by this Privacy Policy or our website’s Terms of Service.

Links

When you click on links on our store, they may direct you away from our site. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements.

Section 6 - Security

To protect your personal information, we take reasonable precautions and follow industry best practices to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.

If you provide us with your credit card information, the information is encrypted using secure socket layer technology (SSL) and stored with a AES-256 encryption. Although no method of transmission over the Internet or electronic storage is 100% secure, we follow all PCI-DSS requirements and implement additional generally accepted industry standards.

Section 7 - Cookies

Here is a list of cookies that we use. We’ve listed them here so you that you can choose if you want to opt-out of cookies or not.
_session_id, unique token, sessional, Allows us to store information about your session (referrer, landing page, etc).
_shopify_visit, no data held, Persistent for 30 minutes from the last visit, Used by our website provider’s internal stats tracker to record the number of visits
_shopify_uniq, no data held, expires midnight (relative to the visitor) of the next day, Counts the number of visits to a store by a single customer.
cart, unique token, persistent for 2 weeks, Stores information about the contents of your cart.
_secure_session_id, unique token, sessional
storefront_digest, unique token, indefinite If the shop has a password, this is used to determine if the current visitor has access.

Section 8 - Age of Consent

By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.

Section 9 - Changes to this Privacy Policy

We reserve the right to modify this privacy policy at any time, so please review it frequently. Changes and clarifications will take effect immediately upon their posting on the website. If we make material changes to this policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose it. If our store is acquired or merged with another company, your information may be transferred to the new owners so that we may continue to sell products to you.

QUESTIONS AND CONTACT INFORMATION

If you would like to: access, correct, amend or delete any personal information we have about you, register a complaint, or simply want more information contact our Privacy Compliance Officer at:

orders@intellimeter.ca

or by mailing us at:

Intellimeter Canada Inc.
1125 Squires Beach Road
Pickering ON, L1W 3T9

TERMS AND CONDITIONS OF SALE

Section 1 - Contract Terms

Intellimeter’s quotes, sales orders and drawings are prepared based on the information and specifications provided by the client. The buyer is responsible to make sure that it corresponds to the requirements of the project. Any changes or additions beyond the scope of this quote will result in additional or increased charges.

All contracts for the sale of goods and services concluded between Intellimeter Canada Inc. (hereinafter called "ICI") and the purchaser, (hereinafter called the "Purchaser") are subject to the following terms and conditions. Any variation from the terms and conditions herein contained will require written consent of ICI signed by its duly authorized representative. Purchase orders received from the Purchaser for ICI products will be subject to the standard ICI terms and conditions. ICI will not be bound by any terms and conditions or pricing stated on the purchase order, unless agreed to in writing by ICI.

Section 2 - Prices, Shipping, Taxes, and Tariffs

Unless otherwise stated, prices quoted are valid for acceptance for a period of 30 days from issuance of quote. Should the decision to accept our offer be delayed to a later date, we would be pleased to either confirm our offer or re-bid.

Unless otherwise stated, prices do not include the arrangement and cost of a utility shutdown which must be arranged, by the Purchaser, directly with the Utility Provider. Unless otherwise stated, prices do not include any external wiring or any cabling from the equipment. Unless otherwise stated, prices are EXW ICI. Shipping charges are extra and quoted prices do not include taxes.

Prices quoted are based on foreign exchange rates, customs tariffs and other direct taxes in effect at the date of quotation. Any changes in foreign exchange rates, sales taxes, customs tariffs or other taxes shall be the responsibility of the Purchaser in Canadian funds, unless otherwise stated.

Section 3 - Terms of Payment

Terms are net 30 days from date of invoice subject to prior credit approval. Late payments will be subject to interest charges at the rate of twenty-four percent (24%) per annum (2% per month), calculated daily.

Invoices for pro-rata shipments become due Net 30 days from the date of shipment. If at Purchasers' request, shipments are delayed, payments for the product will be invoiced to the Purchaser to the extent of completion, as a percentage of the total contract price. Equipment held for the Purchaser shall be at the risk and expense of the Purchaser.

Section 4 - Delivery

Delivery dates quoted are subject to confirmation at the time of contract awarding. All confirmed dates are based on the prompt receipt by ICI of all necessary information enabling work to proceed without interruption.

When the contract is for the supply and commission of equipment, a delivery date will be established at the time of contract awarding. Should the installation of the equipment be delayed beyond that date, ICI reserves the right to invoice for the supply portion of the contract and ship or place the material into storage at the Purchaser's option and expense.

Section 5 - Force Majeure

ICI will not be liable for any non-performance or delay of a contract if it is due to any cause beyond the reasonable control of ICI and/or for which ICI could not reasonably foresee or provide against and which prevents ICI from carrying out the terms of the contract. This includes, but is not limited to the following: war, revolution, insurrection or hostilities (whether declared or not), riot, civil commotion or uprising, flood, earthquake, tempest, hurricane, lightning or other natural disasters, fire or explosion, strike, lockout or other industrial disturbance (whether at ICI or one of its suppliers), sabotage, accident, embargo, car shortage, wrecks or delays in transportation, non-delivery of materials, or order or action of government authority. Any delay resulting from such cause shall extend the date of delivery accordingly. ICI reserves the right to cancel the contract if in its opinion such circumstances threaten or cause extended delay in the performance thereof.

Section 6 - Cancellation

Purchase orders placed by the Purchaser and accepted by ICI may be cancelled only with the written consent of ICI. A cancellation charge may be payable by the Purchaser to cover costs, including design and engineering, drawing preparation, materials purchased and production costs incurred to a maximum of 100% of the selling price.

Cancellation Schedule; In the event that the Purchaser cancels the purchase order, or portions of the purchase order in writing, the following charges, as a percentage of the total purchase order price for the order, or applicable portion thereof, will apply. After receipt of order or before approval drawings are completed -10%. After approval drawing completion, but before release for manufacturing-30%. Before the start of fabrication, but after component purchase-60%. After the assembly has started-100%.

Section 7 - Liability

ICI shall not be liable for any damages arising from the use of the goods supplied here under, or for any special, indirect or consequential damages arising from delays, however caused, through non-delivery, or through defects in materials or workmanship or from any other cause whatsoever. No claim of any kind whether as to a product delivery or for non-delivery of a product, shall be greater in amount than the purchase price of the product in respect of which the claim is made.

Section 8 - Warranty

This Limited Warranty is effective only for a period of (12 months from commissioning or 18 months from delivery, whichever occurs first; when stored and/or installed in accordance with product instructions by qualified personnel.

This limited warranty will apply when product is used and maintained in accordance with Intellimeter Canada Inc. (hereafter referred to as ICI) guidelines which include, but are not limited to, the information contained in ICI Terms and Conditions for Sale of Products and/or Services, Specifications and Installation Instructions.

ICI must be notified of the defect within thirty (30) days after the defect becomes apparent or known.

Buyer’s remedies shall be limited to replacement only of the product which failed to conform to ICI’s express warranty set forth above. Replacement product shall be identical to original product supplied.

Buyer shall be responsible for all freight costs and shall bear all risk of loss or damage to returned goods while in transit.

This Limited Warranty does not cover installation, removal, reinstallation, or labor costs, and excludes normal wear and tear. Buyer shall provide labor for the removal of the defective component or item and installation of its replacement at no charge to ICI.

This Limited Warranty does not cover any product if: (i) a product is altered or modified from its original manufactured condition, (ii) any repairs, alterations or other work has been performed by Buyer or others on such item, other than work performed with ICI’s authorization and according to its approved procedures; (iii) the alleged defect is a result of abuse, misuse, improper maintenance, improper installation, accident or the negligence of any party; (iv) damaged as a result of events beyond ICI’s control or other force majeure events or (v) used in conjunction with equipment, components, accessories, parts or materials not supplied or approved by ICI.

This Limited Warranty is limited to the obligation to replace the manufactured product. This is the sole and exclusive remedy for any breach of warranty. IN NO EVENT SHALL INTELLIMETER BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING ANY DAMAGE FOR LOST PROFITS) ARISING OUT OF OR IN CONNECTION WITH THE FURNISHING OF PRODUCTS, PARTS OR SERVICES, OR THE PERFORMANCE, USE OF, OR INABILITY TO USE ANY PRODUCTS, PARTS OR SERVICES, SALE OF OR OTHERWISE, WHETHER BASED IN CONTRACT, WARRANTY, TORT, INCLUDING WITHOUT LIMITATION, NEGLIGENCE, OR ANY OTHER LEGAL OR EQUITABLE THEORY.

ICI shall pass on the benefit of any warranties from suppliers of materials, software, and service used in supplied systems. The Purchaser acknowledges that any attempt to repair, service, or tamper with products supplied by ICI, by other than ICI or its authorized service provider will invalidate the warranty.

Section 9 - Commissioning

Unless otherwise stated, commissioning, if quoted, is limited to the verification of the operation of the metering system and to one site-visit not exceeding four (4 hours) of service time. It requires the presence of the Electrical or Mechanical contractor during commissioning and that the system being metered is fully operational. Additional visits will be charged at the standard rates effective at the date the commissioning service is performed.

Section 10 - Loss or Damage of Goods in Transit

Delivery of goods by ICI will be deemed to be made to the Purchaser upon obtaining a signed receipt from the carrier showing receipt of the goods in good order. Title to the goods will remain with ICI until payment in full is made by the Purchaser and all risk for safekeeping and condition of the goods will become the responsibility of the Purchaser upon deemed delivered.

ICI is not liable for any loss or damage, delay or non-delivery. ICI's responsibility ceases upon receipt of acknowledgment in writing from the carrier of shipments in good order.

Section 11 - Safety

Site and working conditions must meet conditions as laid out in the applicable Health and Safety Act and Regulations.

No ICI employee is required to work on equipment which has not, in his or her sole opinion, been placed in an electrically safe state for the work to be performed. It is at the sole discretion of ICI to accept the safety procedures, working conditions and required number of support staff to commence with the work. The purchaser shall supply to ICI at the request of ICI and at no cost to ICI a qualified tradesman when working on equipment.

Section 12 - Governing Law

The terms, provisions and conditions hereof and all matters arising out of the execution, construction, interpretation or breach thereof, are to be governed by the laws of Ontario, Canada. ICI agrees to bring any action claims or legal proceedings in any way pertaining to this order, or the execution, construction, interpretation or breach thereof in the courts of the jurisdiction specified above and in no other court or tribunal whatsoever.

We reserve the right to correct clerical errors.