Site Terms and Conditions
Version Edit Date: December 5th, 2016
P.J. GABER & SONS LTD.
TERMS OF USE
THESE TERMS OF USE CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN P.J. GABER & SONS LTD. ("GABER") AND YOU. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE, YOU MAY NOT USE OR PLACE ORDERS ON THE GABER WEBSITE (www.gaber.com) (THE "GABER WEBSITE"). BY USING THE GABER WEBSITE, YOU ACCEPT THESE TERMS OF USE IN FULL. ALL PRODUCT ORDERS PLACED ON THE GABER SITE ARE SUBJECT TO THESE TERMS OF USE.
YOU SHOULD PRINT A COPY OF THIS AGREEMENT FOR FUTURE REFERENCE.
THESE TERMS OF USE ARE SUBJECT TO CHANGE BY GABER, WHICH CHANGES SHALL BE EFFECTIVE FROM THE DATE OF POSTING ON THE GABER WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE ON A REGULAR BASIS – ANY USE OF THE GABER WEBSITE OR PLACING OF ORDERS ON THE GABER WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF ANY CHANGES MADE BY GABER TO THESE TERMS OF USE.
"PRODUCT" in these Terms of Use means any agricultural equipment or parts sold by Gaber through the Gaber Website.
1. Acceptance of Terms.
1.1 These Terms of Use constitute a legal agreement between Gaber and you. Gaber, in this Terms of Use agreement, also includes its directors, officers, shareholders, agents, representatives, contractors, employees, affiliates, successors and assigns. These Terms of Use govern both your use of and the placing of orders for Product on the Gaber Website.
1.2 You agree that in using the Gaber Website in any manner, including without limitation in the placing of Product orders on the Gaber Website, that you will comply with Gaber's policies, procedures or operating rules, as may be identified through the Gaber Website from time to time, each of which is incorporated by reference hereto, and may be updated by Gaber from time to time without notice to you.
1.3 BY ACCEPTING THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION BY CLICKING "I AGREE TO THE TERMS OF SERVICE" BELOW, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE CAREFULLY READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, AS WELL AS THE GABER PRIVACY POLICY, AND ANY ADDITIONAL TERMS OR FUTURE MODIFICATIONS MADE THERETO.
1.4 If you are using the Gaber Website or placing an order for Product on behalf of or in connection with your employment or engagement with a company, entity or organization, you represent and warrant that you are an authorized representative of that company, entity or organization and have full capacity, power and authority to bind that company, entity or organization to these Terms of Use and the sale of any Product made on the Gaber Website. In such a case, any references to "you" in these Terms of Use shall also include the company, entity or organization that you represent.
1.5 These Terms of Use are in addition to any other agreement you may have with Gaber.
2. Changes to the Terms of Use
2.1 As noted above, Gaber reserves the right to change, amend, delete and add to the terms and conditions contained in these Terms of Use at any time without further notice by posting any changes on the Gaber Website. Any new terms and conditions will be effective once they are posted. Your continued use of the Gaber Website or the purchase of Products on the Gaber Website shall constitute your acceptance of the new terms and conditions. You are solely responsible to review the Terms of Use from time to time to ensure that you are aware of any such changes.
3. Eligibility to Purchase Product and Product Distributors; Formation of Contract; Timing of Shipment of Orders; Risks to Product.
3.1 In order to purchase Products using through the Gaber Website, including without limitation on its e-commerce platform, purchasers must be resident in the United States with a United States billing address. Product will be shipped through Gaber's distribution channels from its distributor located in Mayville, North Dakota in the United States, or such other locations as designated by Gaber from time to time. Product purchased on the Gaber Website will be shipped within the United States only.
3.2 Gaber does not presently ship any Product purchased through the Gaber Website to locations outside of the United States.
3.3 Notwithstanding your location or any product shipping locations, all contracts for the purchase of Product shall be deemed to be formed in Manitoba, Canada. Any purchase of Product through the Gaber Website shall be subject to local, state and federal sales taxes, where applicable.
3.4 Shipping fees and times will vary in connection with Product ordered and shall be confirmed at the time of order. Unless otherwise stated, all Products shipped by Gaber's designated distributor are FOB the designated warehouse of the distributor and insured only to the extent of the shipping courier. You agree to pay all freight, costs and insurance, and applicable taxes, from the shipping location in accordance with the standard freight terms established by Gaber from time to time in connection with Product purchased from the Gaber Website. All risk of loss or damage to the Products shall be borne by you when the Products leaves the warehouse of the Gaber designated distributor. In addition, you hereby agree to comply with any credit policy or other requirement in matters of credit, security, guarantee, payment, pre-authorized payment or payment that Gaber may establish from time to time.
4. Account Eligibility and Account Registration.
4.1 In order to place orders for Product from Gaber on the Gaber Website, it will be necessary for you to establish a customer account with Gaber. You are eligible to register for a Gaber customer account only: (i) where you have reached the age of majority where you live; (ii) you provide true, accurate, current and complete information about yourself as required in the online registration form provided, including your geographical location and address; and (iii) that you update any necessary changes to your customer account to ensure that the information on file with Gaber remains true, accurate and correct. You are entirely responsible for any incorrect or incomplete information that you provide and Gaber or its directors, officers, employees, contractors, agents, distributors or otherwise will not be responsible for any costs, losses, charges, fees or otherwise arising from any incompleteness or inaccuracy in the information that you provide. Any customer accounts established for any company, entity or organization shall be in the name of such company, entity or organization and may only be set up and used by an authorized representative of same who has full authority and legal capacity to bind the company, entity or organization.
4.2 Registered users will receive a designated user name and password in connection with the customer account registration process. You are entirely responsible and liable for all uses made of your Gaber customer account and for any purchases of Product on the Gaber Website. You shall keep your customer account user name and password confidential and shall not disclose same to any other person. Your Gaber customer account user name and password is for your use only and is not transferrable or to be used by any other person. You agree to immediately notify Gaber of any unauthorized use of your user name, password or account or any other breach of security. You acknowledge and undertake that you must use the Sign Out function in exiting your Gaber customer account to assist in preventing unauthorized access to your customer account.
4.3 Gaber reserves the right at any time and in its sole and absolute discretion to reject any application for a Gaber customer account or to terminate any existing Gaber customer account.
5. Privacy
5.1 In connection with your use of the Gaber Website, and in establishing a Gaber customer account, Gaber may collect certain personal information about you. The manner and purposes for which Gaber collects, uses and discloses your personal information are set out in the Gaber Privacy Policy, which is available by clicking [NOTE: Insert link.] As with other Gaber policies, the Gaber Privacy Policy is subject to amendment from time to time in the discretion of Gaber and any changes to the Gaber Privacy Policy will be posted on the Gaber Website. Again, it is your obligation to review the Gaber Privacy Policy from time to time including concerning any changes made thereto by Gaber. Your continued use of the Gaber Website or the ordering of Product will constitute your acceptance to any changes to the Gaber Privacy Policy.
5.2 Should you choose to transmit any personal information, including without limitation your name, address, telephone number, facsimile number, email address, credit card information or other payment information, using the Internet (including as part of the Gaber Website), you acknowledge and agree that there are inherent risks in such transmission and that, while Gaber takes customary precautions concerning the Gaber Website, it shall have no responsibility or liability for the security of the information transmitted online.
5.3 The Gaber Website uses cookies; by using the Gaber Website or agreeing to these Terms of Use, you consent to our use of cookies in accordance with the terms of the Gaber Privacy Policy.
6. Fees and Payment.
6.1 All fees for Product purchased on the Gaber Website shall be paid for in full at the time of purchase using a payment mechanism indicated on the Gaber Website. Gaber reserves the right to utilize the services of third party payment processors in connection with its Website. The cost of all Products listed on the Gaber Website shall be set out in United States dollars. When applicable, if the purchase of Products are subject to any local, state and federal taxes, such taxes shall be as set forth at the time of Product ordering.
7. No representations – Gaber Website
7.1 Any information provided on the Gaber Website, including concerning any of the Products is provided for informational purposes only. Gaber does not warrant the completeness or accuracy of any of the information provided on the Gaber Website, nor that its materials are up to date, nor that the Gaber Website will remain available. You must make your own determination as to which Products will be suitable for an intended purpose, and Gaber makes no representations or warranties of any kind in this regard, including without limitation merchantability or fitness for a particular purpose.
7.2 Gaber reserves the right to discontinue or alter any or all of the website services or the Products at any time without notice and to stop publishing the Gaber Website altogether without notice.
7.3 To the maximum extent permitted by applicable laws, Gaber excludes and disclaims all representations and warranties relating to the subject matter of these Terms of Use, the Products or the Gaber Website.
8. Limited License to Use the Gaber Website
With respect to any information provided on the Gaber Website, Gaber hereby authorizes eligible users to view the pages from our website in a web browser and to stream audio and video files from the Gaber Website if same are made available for viewing by Gaber from time to time. The Gaber Website is to be used for personal and business uses only as intended.
Except as expressly permitted by these terms and conditions, you must not copy, edit, translate or otherwise modify any material on the Gaber Website, in whole or in part. Unless you own or control the relevant rights to any material featured on the Gaber Website, you must not: (i) republish material from the Gaber Website (including without limitation on another website); (ii) sell, rent or sub-license material from the Gaber Website; (iii) show any material from Gaber Website in public; (iv) exploit material from the Gaber Website for a commercial purpose not expressly approved by Gaber; or (v) redistribute material from the Gaber Website.
Gaber reserves the right to restrict access to areas of the Gaber Website, or indeed our whole website, at Gaber's discretion. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.
9. Acceptable Use
In connection with the Gaber Website, you must not:
(i) use the website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance availability or accessibility of the website;
(ii) use the website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(iii) use the website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, or other malicious computer software; or
(iv) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing.
10. Limited Warranties and Liabilities
10.1 Gaber does not warrant or represent:
(i) the completeness or accuracy of the information published on the Gaber Website;
(ii) that the material or information on the Gaber Website is up to date; or
(iii) the Gaber Website or any service on the Gaber Website is or will remain available.
10.2 Gaber reserves the right to discontinue or alter the Gaber Website and any or all of its Products or services featured on the Gaber Website at any time without notice. Pricing on the Gaber Website is subject to change at any time without notice. Prices will be confirmed at the point of ordering.
10.3 Gaber is not responsible or liable to any person for or in connection with Products purchased or acquired from Gaber or the Gaber Website. All Products are provided as-is and at the sole risk of the purchaser or end user, and Gaber is not responsible or liable to any person for any Product (whether equipment or parts) use by the purchaser or any third party, or any resulting losses, costs, damage, injury or death, howsoever caused, whether by the Products directly or their use.
10.4 Gaber will not be responsible or liable to you in respect of any business losses, including without limitation loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill on account of any Products or the use by you of the Gaber Website.
10.5 Gaber will not be liable to you in respect of any special, indirect or consequential loss or damage.
10.6 Warranties for equipment purchased from Gaber or through the Gaber Website are subject to manufacturer's warranty coverage only. Claims for manufacturer's warranty coverage should be submitted through Gaber. Gaber does not provide additional warranty for any such equipment. In terms of tools or parts sold by Gaber, such tools or parts carry a limited warranty of one year from purchase date only; the warranty covers solely the repair or replacement of any damaged tool or part with the same tool or part (or its equivalent) where such damage is due to a material manufacturer's defect in the tool or the part, and not on account of any use that resulted in any such damage or destruction. If no such tool or part is available to carry out the replacement, and no comparable or equivalent tool or part is then manufactured or sold by Gaber, then a store credit will be issued for the value of the tool or part for a value as at the original time of purchase. Any such warranty coverage will be void if the tools or parts were altered by the purchaser or any end user in any way. Shipping and handling charges will not be refunded or credited.
11. Cancellation.
11.1 Gaber reserves the right to cancel or suspend your account at any time in its discretion.
11.2 Should Gaber suspend, prohibit or block your Gaber customer account or access to the Gaber Website, you agree that you must not take any action to circumvent such suspension or prohibition or blocking including without limitation by creating a different account.
12. Miscellaneous.
12.1 Assignment. These Terms of Use are personal and non-transferrable and may not be assigned.
12.2 Severability. If a provision of these terms and conditions is determined by any court of competent jurisdiction to be unlawful or unenforceable, the other provisions will continue in effect. If any unlawful or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted and the rest of the provision will continue in effect.
12.3 Entire Agreement. These Terms of Use and the Gaber Privacy Policy constitute the entire agreement between the parties with respect to the subject matter hereof.
12.4 Governing Law and Jurisdiction. These Terms of Use are governed by the laws of the Province of Manitoba, Canada applicable hereto. Should there be a dispute with respect to the subject matter of these Terms of Use, the parties irrevocably attorn to the jurisdiction of the Courts of Manitoba.