Terms of Use
The following are terms
of a legal agreement between you and Dawson Technologies Incorporated, who
shall be referred to as Dawson. By accessing, browsing and/or using this
site ("Site"), you acknowledge that you have read, understood,
and agree, to be bound by these terms and to comply with all applicable
laws and regulations, including Canadian export and re-export control laws and
regulations. If you do not agree to these terms, do not use this Site. The
material provided on this Site is protected by law, including, but not
limited to, Canadian Copyright Law and international treaties. This
Site is controlled and operated by Dawson from its offices within Canada.
Dawson makes no representation that materials in the Site
are appropriate or available for use in other locations, and access to
them from territories where their contents are illegal is prohibited.
Those who choose to access this Site from other locations do so on their
own initiative and are responsible for compliance with applicable local
laws.
The copyright in all
material provided on this Site is held by Dawson or by the original
creator of the material. Except as stated herein, none of the material may
be copied, reproduced, distributed, republished, downloaded, displayed,
posted or transmitted in any form or by any means, including, but not
limited to, electronic, mechanical, photocopying, recording, or otherwise,
without the prior written permission of Dawson or the copyright owner.
Permission is granted to display, copy, distribute and download the
materials on this Site for personal, non-commercial use only, provided you
do not modify the materials and that you retain all copyright and other
proprietary notices contained in the materials. This permission terminates
automatically if you breach any of these terms or conditions. Upon
termination, you must immediately destroy any downloaded and printed
materials. You also may not, without Dawson's permission,
"mirror" any material contained on this Site on any other
server. Any unauthorized use of any material contained on this Site may
violate copyright laws, trademark laws, the laws of privacy and publicity,
and communications regulations and statutes.
DAWSON
TECHNOLOGIES INC. TERMS AND CONDITIONS OF SALE
These terms and conditions
control the sale of products by Dawson Technologies Inc. By submitting your
online order to www.dawson-tech.com, you, agree to be bound by and accept these
terms and conditions of sale. These terms and conditions may be changed without
notice at any time before Dawson Technologies Inc. accepts your order, at Dawson
Technologies Inc.'s sole discretion.
1. Payment Terms.
Payment is due at time of shipment and shall be by credit card. When an order is
placed by credit card, the credit card account will be verified at the time the
order is placed, and the order will be declined if the credit card is declined.
Charges are debited against credit cards at the time an order is shipped. No
C.O.D. orders are accepted. Orders are processed upon receipt.
2. Shipping and Handling
Charges and Taxes. You are responsible for paying all shipping and handling
charges and taxes associated with the order.
3. Prices. Prices
shown on the www.dawson-tech.com site exclude shipping and handling and taxes
unless otherwise noted. All prices are in Canadian dollars. The price charged
for an order will be the price in effect at the time the order is made, unless
the price drops before shipment and you notify Dawson Technologies Inc. of the
lower price before the order is shipped, in which case, and in that case only,
the price charged will be the lower price.
4. Disclaimer of Warranty.
THE LIMITED WARRANTIES APPLICABLE TO DAWSON PRODUCTS ARE INCLUDED WITH THE
PRODUCTS WHEN THEY ARE SHIPPED TO YOU. IF A WARRANTY IS APPLICABLE TO ANY OTHER
PRODUCT SOLD ON THIS SITE, SUCH WARRANTY IS PROVIDED BY THE ORIGINAL
MANUFACTURER, NOT BY DAWSON TECHNOLOGIES INC. APART FROM THE MANUFACTURER'S
WARRANTY, IF ANY, THE PRODUCTS SOLD FROM THIS WEB SITE ARE PROVIDED "AS
IS", WITHOUT WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF
EXCLUSION, RESTRICTION OR MODIFICATION UNDER APPLICABLE LAW.
5. Technical Support.
INFORMATION ABOUT TECHNICAL SUPPORT FOR DAWSON-BRANDED PRODUCTS SOLD ON THIS
SITE IS INCLUDED WITH THE PRODUCTS WHEN THEY ARE SHIPPED TO YOU. TECHNICAL
SUPPORT, IF ANY, FOR OTHER PRODUCTS SOLD ON THIS SITE IS PROVIDED BY THE
MANUFACTURER, NOT BY DAWSON TECHNOLOGIES INC.
6. Limitation of
Liability. DAWSON TECHNOLOGIES INC. AND ITS AFFILIATES' MAXIMUM LIABILITY TO
YOU FOR PRODUCTS PURCHASED FROM THIS WEB SITE SHALL BE LIMITED TO THE PURCHASE
PRICE YOU HAVE PAID FOR THE PRODUCTS. DAWSON AND ITS AFFILIATES 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, 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.
7. Return Policy.
Dawson Technologies Inc. will allow the return of certain products for credit
for any reason under certain terms and conditions, subject to a restocking fee.
To obtain a credit for a return item, you must obtain a return authorization
number and the return item must be accompanied by a return authorization number
and received at the Dawson Technologies Inc. warehouse within twenty four (24)
days of Dawson Technologies Inc.'s shipment of the item to you. YOU MUST PAY
SHIPPING FOR RETURNED ITEMS. A restocking fee of 15% or - (whichever is greater)
will be subtracted from credit for returned items. Certain items, if opened, are
not covered by this return policy. Items not covered include opened software
from any manufacturer and opened products of certain manufacturers (at present
Digital, Hayes, IBM and Intel) subject to the manufacturers' return and warranty
coverage. THIS RETURN POLICY IS NOT A WARRANTY. DAWSON TECHNOLOGIES INC. MAY
CHANGE OR CANCEL IT AT ANY TIME BEFORE ACCEPTING YOUR ORDER.
If you are expecting a
refund, please follow the return process, exactly. Please allow a reasonable
period of time for the product to arrive at our warehouse and pass an inspection
process. Once your return is accepted, we will process your credit within 7
days.
8. Title. Title to
hardware products and to the media in which software products are embodied
passes to you upon shipment by Dawson Technologies Inc. Title to software
remains with the licensor of the software.
9. Interpretation.
These terms and conditions shall be interpreted under and governed by the laws
of the Province of Alberta, 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.
10. Arbitration. Any
dispute, controversy, or claim against Dawson Technologies Inc. or it's
affiliates 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 Canadian Arbitration Association (CAA) under its rules (www.adr.org). You
may file for arbitration at any CAA location in Canada upon the
payment of - of any applicable filing fee. The arbitration will be conducted
before a single arbitrator, and will be limited solely to the dispute or
controversy between you and Dawson Technologies Inc. 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
attorneys' 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.
11. No Modification.
These terms and conditions may not be modified, altered or amended without the
written agreement of .Dawson Technologies Inc. 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 Dawson Technologies Inc.
12. Severability. The
Terms and Conditions stated herein are declared to be severable. If any
provision of these Terms and Conditions is held to be illegal, invalid or
unenforceable, in whole or in part, the legality, validity and enforceability of
the remaining provisions shall not be affected or impaired.
13. General. You may
not assign this agreement without Dawson Technologies Inc.'s prior written
consent. Dawson Technologies Inc. and their affiliates are intended
beneficiaries of this agreement. If there is any inconsistency between this
agreement and other agreement included with or relating to products purchased
from Dawson Technologies Inc. on www.dawson-tech.com, this agreement shall take
precedence.
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