1. SHIPPING All prices quoted (including repairs, part and goods) are D.A.P (Delivery At Place) from Gazepoint’s facilities. If Purchaser chooses to bear the cost of shipment, all prices quoted (including repairs, part and goods) are F.C.A. (Free Carrier) from Gazepoint’s facilities. In this case, all responsibility for risk of loss or damage shall pass to Purchaser upon delivery of Product to carrier. 7. ASSIGNMENT AND RESALE Purchaser shall not assign an order, or any interest therein, or any rights hereunder without the prior written consent of Gazepoint. Purchaser agrees that all Products are for its own use and not for commercial resale unless with the express written consent of Gazepoint.
2. RETURN AND EXCHANGE Gazepoint purchases are non-refundable. Products arriving defective must be immediately notified to Gazepoint and returned with a Return Merchandise Authorization (RMA) number issued by Gazepoint. Returns without RMA number will be refused by Gazepoint. Returns and exchanges are subject to the following: – Products arriving defective must be returned within 30 days of purchase. – All returned Products are subject to inspection by Gazepoint. Gazepoint will only accept Products returned in original condition. Gazepoint will return to Purchaser any Products displaying any misuse or damage or otherwise not in original condition. – Products should be returned in the original manufacturer’s packaging with the RMA number clearly marked on the shipping container. – Purchaser is responsible for all shipping costs on returns; original shipping charges will not be refunded. – Gazepoint has sole discretion for returns, credit, replacement, exchange, repair or remedy of deficiencies. 9. GOVERNING LAW All sales shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada, including the applicable federal laws of Canada, but excluding that body of law applicable to choice of law. Purchaser consents to the jurisdiction of the courts of British Columbia for any suit, action or proceeding arising out of the Terms and Conditions.
3. WARRANTIES Hardware includes one (1) year limited warranty for parts and labour on material and manufacturing defects. Warranty only applies to original Purchaser and does not warrant compatibility of Products with non-GAZEPOINT products. Warranty is void if any proprietary labeling is removed. Repaired or replaced Products are covered for the remainder of the original Product warranty period. Gazepoint shall not be responsible for any defect in the Products due to physical damage to the Products as a result of improper handling during or after shipment, misuse, neglect, improper installation or operation (including but not limited to radioactive or other dangerous environments), repair, alteration, accident or for any other cause not attributable to defective workmanship on the part of Gazepoint. GAZEPOINT EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.